Charlie White's residency and his tenure on the Fishers Town Council came under attack during the third day of his trial on seven felony charges in Hamilton County.
The prosecution claims that White lived in a Fishers condominium with his now current wife, but he voted using an address where his ex-wife lived.
Indiana Department of Natural Resource employee Amanda Ricketts testified Wednesday that in February 2010, White asked in an email that she mail his final paycheck to the Fishers condo at 13086 Overview Drive, which he was in the process of buying.
But at the same time, White's voter registration indicated he lived at 7527 Broad Leaf Lane, his ex-wife's house, and he used that address to vote in the May 2010 primary, prosecutors said.
The other issue is that the Overview Drive address is not in White's Fishers Town Council district.
Fishers Clerk-Treasurer Gaye Cordell testified that White signed an ordinance that said a council member forfeits his office if he ceases to be a member of his district.
But during his testimony before the Indiana Recount Commission, White said he didn't know that law.
White's attorney, former Marion County Prosecutor Carl Brizzi, disputed bringing that testimony into the current trial.
"Judge Nation has ruled and we are going to abide by and respect that ruling that none of what occurred in the Recount Commission is relevant to this criminal case because they are two completely separate proceedings," Brizzi said.
Special Prosecutor Dan Sigler said he is pleased with the case so far.
"We don't comment on the evidence while the trial is going on," he said. "We're satisfied with the evidence. We have a little bit to get yet, but hopefully, we will be done soon."
White eventually repaid some of the money that he earned as a councilman.
The case is progressing faster than anticipated. Prosecutors could rest their case Thursday.
If convicted, White could face prison time and be forced to leave office.
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