IBJNews

Judge rejects appeal from former state elections chief

Back to TopCommentsE-mailPrintBookmark and Share

A judge has denied former Indiana Secretary of State Charlie White's request to have his conviction on voter fraud and other charges overturned and ordered White to begin serving his sentence of a year of home confinement.

Hamilton County Superior Court Judge Daniel Pfleging ruled Monday that there was no evidence to show that White's trial attorney, Carl Brizzi, shouldn't enjoy the "strong presumption of competence" and that Brizzi's trial strategy was "objectively reasonable."

Pfleging wrote that White couldn't point to a single piece of evidence or a witness that would have swayed the jury's decision, and that White hasn't presented anything during post-conviction evidentiary hearings that challenged Pfleging's "confidence in the outcome or the process which produced it."

White's current attorney, Bryan Ciyou, didn't respond to an email seeking comment Thursday. His office said he wouldn't be at work Thursday.

White was removed as secretary of state in February 2012 after being convicted of three counts of voter fraud, two counts of perjury and one count of theft. The charges stemmed from his use of his ex-wife's home in Fishers as his voting address in 2010 while serving on the Fishers Town Council and running for secretary of state.

Prosecutors said White lived in a townhouse outside his Council district with his then-fiancee, but was still receiving his Council salary and was still voting in his old precinct.

White filed a 79-page petition in March asking the court to vacate the six felony convictions, saying Brizzi provided incompetent counsel by failing to call any witnesses. White had testified in October that he thought it was "a joke" when Brizzi told him he didn't plan to call any witnesses.

Pfleging granted the state summary disposition on most of White's arguments of ineffective counsel and found that Brizzi gave an efficient cross-examination of witnesses. He also found that Brizzi did not provide ineffective counsel in deciding not to call any defense witnesses.

"There were numerous, significant testimonial problems for each of the witnesses defendant claims should have been called to testify at trial. Cumulatively, the effect of these credibility problems would have done more harm than good had these witnesses taken the stand," Pfleging wrote.

As an example, the judge cited White's wife, Michelle, saying during preparation for her trial testimony that "Charlie didn't live there," referring to his ex-wife's home in Fishers, which he used as his voting address in 2010 while serving on the Fishers Town Council and running for secretary of state.

Pfleging wrote that if Brizzi had allowed Michelle White to testify he would have been placed "in the untenable position of suborning perjury or subjecting Michelle White to a potentially damaging cross examination."

He also found that White offered nothing to support his assertion that Brizzi was ignorant of the law.

White was ordered to begin serving his home-detention sentence by Jan. 10.

ADVERTISEMENT

  • Thoughts
    I am personally appalled at what has happened to Charlie White, whose good name has been slaughtered and whose life and career have been ruined by what, in my opinion, does not appear to me to be any criminal act on HIS part, juxtaposed against his "star attorney" --Carl Brizzi, who slandered me, a person he has never met, spoken to or seen, on his former radio show because of what appears to me to be his anger over my small role in digging up dirt on his BFF Timmy....Carl Brizzi, the "psychic" who has yet to be, and does not appear will ever be, prosecuted for his uncanny timing on purchases of Cellstar right before Brightpoint bought them out and a boiler room stock called Red Rock Pictures--the one Dan Laikin--the brother of at-the-time-Brizzi-Bought-Cellstar-shares Brightpoint CEO and Tim Durham, his convicted felon business buddies gobbled up shares of and allegedly tried to pump....Carl Brizzi, the unlicensed realtor who took compensation for "finding" an obscure Elkhart property just in time for the state of Indiana Department of Child Services to ink a triple net 10 year lease for which Carl greatly benefited financially.....that same Carl Brizzi's word is now good with any judge any where in Indiana and that his word is taken over every single witness that stated Carl refused to let them testify, and that Carl is believed now that all these other people are lying? Does not one judge in this state stand up for an old principle called "truth and justice" any more? HELLO? Well, keep this in mind: Sooner or later the truth ALWAYS comes out. Tim Durham is not the only person we dug up dirt on. xo

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
thisissue1-092914.jpg 092914

Subscribe to IBJ
  1. Here are a few candidates for this new group, "ripped from the headlines." First up, that bizzaro State Senator Brent Waltz; secondly, the unethical Todd Huston, and his contractual arrangements scheme; Finally, but not least of all, the dishonorable Eric Turner. What sayeth you Greg Zoeller?

  2. Good day. I can't hide this great testimony that take place in my life I will love everyone to know it and be partaker that is why I always place it on answer, I am Mrs,Natalie Cuttaia by name, I live in Texas, United State Of America, I want to thank (Mr.Bruce Brandon) for his kindness upon my family life. I never knew that there is still nice lender like this on internet and earth here. Just some Months Back, I was in search for a loan of $100,000,00 as I was running out of money for feeding and rent. I was scammed $6,800 Dollars and I decided not to involve my self in such business again but a Friend of my introduced me to a loan firm due to my appearance and doings. And I told him that I am not interested of any loan deal anymore but he told me that there is still a nice lender who he will recommend me to, and I made a trial and I am most grateful lucky am I today, I was given a loan amount of $100,000.00usd, by this great Company (Bruce Brandon Loan Company) managed by (Mr.Bruce Brandon) If you are in need of a genuine or legit loan or financial assistance and you can be reliable and trusted of capable of paying back at the due time of the funds I will advice you to, contact him via: ( bruce.brandon071@gmail.com ) And you will be free from scams in the internet. All thanks to Mr.Bruce Brandon You are the one who remove me and my family out of poverty. The reason why i am doing this is that, i promise Mr.Bruce Brandon that if i truly got my loan, i will advertize his company and bring customers to his company. Contact him via ( bruce.brandon071@gmail.com )for the Loan you have been looking for..

  3. Hello, We are firm Organization formed to help people in needs of helps,such as financial help. So if you are going through financial difficulty or you are in any financial mess,and you need funds to start up your own business,or you need loan to settle your debt or pay off your bills,start a nice business, or you are finding it hard to obtain capital loan from local banks,contact us today via email mrsroseberrywilkinsfunds.usa@gmail.com So do not let these opportunity pass you by because Jesus is the same yesterday, today and forever more. Please these is for serious minded and God fearing People. Your Name: Loan Amount: Loan Duration: Valid Cell Phone Number: Thanks for your understanding to your contact as we Await Regards Management Email:mrsroseberrywilkinsfunds.usa@gmail.com

  4. The question is, where could they build a new stadium? It seems in the past year, all the prime spots have been spoken for with potential projects. Maybe in the industrial wasteland area a block past Lucas Oil? I think it needs to be close to the core, if a new stadium is built.

  5. Aldi is generally a great shopping experience. Still, I'm sure YOU wouldn't want to shop there, which I consider a positive.

ADVERTISEMENT