Thursday, December 26, 2013


In a ruling dated December 23, 2013, the judge of the Hamilton Superior Court No. 2 has issued a 26-page ruling on Charlie White's Petition for Post-Conviction Relief, denying all of White's claims. White, a former member of the Fishers Town Council, bought a home outside of his Town Council district prior to his nomination as Republican Party candidate for Indiana Secretary of State, but changed his voter registration to his ex-wife's house located in his council district rather than his new Saxony home near Olio Road in Fishers.

A September 2010 news conference was conducted by me, revealing these facts and calling for appointment of a special prosecutor. Following appointment of two special prosecutors, a Hamilton County Grand Jury indicted White, then in office as Secretary of State, on 7 felony counts, including false voter registration and voting in the wrong precinct. White was later convicted by a jury of 6 of those 7 counts.

The current ruling is after months of legal maneuvering and testimony.   Most of White's claims were dismissed by the court, being nothing but a rehash of arguments which had been presented before and failed.  But the meat of White's arguments, resulting in considerable court testimony, was White's claim that his defense lawyer, former Marion County Prosecutor Carl Brizzi, committed "ineffective assistance of counsel" by not putting on certain witnesses.

The Judge, in reviewing the witnesses that White claims he wanted to put on, including both his current and former wives and a convicted felon as "expert", found that there were serious issues with the testimony of each of those witnesses and their credibility which made Brizzi's decision not to put them on the witness stand reasonable.

I will not rehash the entire decision, but here it is:  White PCR ruling

White now has to consider whether or not to appeal this ruling, or begin serving his sentence, which is home detention, probation, a fine, and 30 hours of community service.

Hopefully, this will put this story to an end.  But it continues to be an object lesson in the arrogance of some of those in power, particularly in one-party communities, where some feel that they can do whatever they wish with impunity.
UPDATE 12/31/13:  White's attorney has filed a Notice of Appeal and a Motion to Stay Execution of Sentence.  The case will now return to the Indiana Court of Appeals.