White Claims Special Prosecutors Weren't Appointed Correctly
6:07 AM, Nov 9, 2011
A Hamilton County judge will decide next week whether embattled Indiana Secretary of State Charlie White can argue for a dismissal of the seven felony charges pending against him even though his motion to dismiss was filed late.White and his attorney, former Marion County Prosecutor Carl Brizzi, on Wednesday tried to convince Superior Court Judge Steven Nation that the motion addresses important legal issues that should be considered.The motion contends special prosecutors weren't appointed correctly and the grand jury wasn't given appropriate descriptions of the law."If you weren't an authorized person to be in the grand jury, then even though your presence does not per se make the indictment invalid, if you are engaging with witnesses, if your behavior was more than passive document passer, then that's cause to have the whole indictment thrown out," Brizzi said.White is accused of voter fraud and theft. The Republican is accused of voting last year from an address where he didn't live and continuing to take his Fishers town councilman's salary after moving from his district.