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The 58-year-old councilman and his wife, Flora Montes De Oca Alarcon, 46, will arraigned on the new complaint, BA397216, on a date to be announced later.
The charges mirror the indictment alleging the councilman illegally claimed a Panorama City house as his residence.
“Judge Kathleen Kennedy’s decision today to dismiss the Alarcon case is inexplicable,” District Attorney Steve Cooley said in a statement. “We will vigorously prosecute this case.”
In dismissing the indictment, Judge Kennedy ruled prosecutors had failed to follow proper procedures in submitting evidence from the couple’s attorneys to the Grand Jury in July 2010.
Cooley disputed her legal reasoning, saying the judge ignored legal precedents when she dismissed the Grand Jury indictment.
“The Grand Jury transcripts clearly show that our prosecutors did indeed present evidence submitted by the councilman and his wife,” Cooley said. “The Grand Jury chose not to consider it, as is their right.”
The complaint charges him with two felony counts of filing a false declaration of candidacy on Dec. 6, 2006 and again on Nov. 6, 2008. He is charged with seven counts of voter fraud involving elections in 2007, 2008 and 2009. He is charged with nine counts of perjury, including three for allegedly filing false driver’s license applications.
Flora Montes de Oca Alarcon is charged with three counts of perjury for allegedly claiming that she lived at the Nordhoff address on a Provisional Voting Ballot, in registering to vote and on a driver’s license application. She also is charged with three counts of voter fraud.
–Source Los Angeles County District Attorney’s Office
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