Monday, December 29, 2014

Indiana Court Of Appeals Splits The Baby: Only Tosses Three Of Charlie White's Six Felony Convictions

I didn't anticipate former Secretary of State Charlie White would find complete justice in this state, and the Indiana Court of Appeals' decision proves me partially correct. An opinion rendered by Judge Nancy Vaidik today only overturns three of the six felony counts White was found guilty of by a Hamilton Co. jury, which resulted in his removal from office. The Court's opinion only vacates the most obvious glaring errors of judgment made at the trial court level that not even this three-judge panel could ignore and save face.

White's felony count of perjury for using his ex-wife's address on his marriage license application was deemed immaterial to support a conviction for perjury. That represented the first time in the state's history a prosecutor charged a person with such an invented crime. The Court also found that two of the vote fraud-related charges on which he was found guilty violated his constitutional protection against double jeopardy. The Court vacated both of those convictions.

What is very alarming is that the Court criminalized an act of lawfully casting a vote, which basically tells you that the powers of the state of Indiana can be used to destroy your career for casting a lawful vote in this state, something that has never before happened in the history of the state of Indiana. White's alleged wrong of casting a vote in one precinct instead of another nearby precinct has never been prosecuted as a crime in this state. If it had been, Evan Bayh, Richard Lugar and Mitch Daniels would have all been prosecuted and convicted of felony vote fraud. The charitable residency standard afforded to these men and Judge Evrard did not apply to Charlie White. The Court ignored all of those decisions. It's as if those long line of opinions were never written as the Court made no attempt to distinguish White's case from any of those opinions. All three judges would never have been appointed to the Court of Appeals had our state's Supreme Court not enunciated a charitable residency standard for their beloved Evan Bayh. Moral to this story--don't vote and give them yet another excuse for prosecuting innocent persons they want destroyed.

The Court also for the first time in the state's history ruled that a person can be charged with theft for drawing a salary for an office to which he was legally elected and sworn into office if he later moves out of that district and does not immediately stop drawing his salary. This has occurred dozens of times over the past several decades, and no public official has ever been prosecuted for theft. No civil proceeding required under state law for his removal from office was ever initiated; rather, he voluntarily resigned his office.  This Court said the state could legally prosecute him for drawing a salary as a Fishers town council member for a several month period the jury concluded he had moved outside his district, even though he performed the duties of his office, and never mind the fact that he was elected at-large by all of the town's voters. That runs counter to a long history of cases in this state providing for the removal of a person from office through action of the town council or a civil quo warranto action.

Charlie White is not entitled to any benefit of the doubt like Bayh, Lugar, Daniels et al. The corrupt powers ordered his political career destroyed, and they want his law license taken away from him. The result of today's decision upholds this miscarriage of justice. The decision lends support to the criticism that there is no such thing as equal treatment under the law in this state. The rules are bent to protect the ruling elites, while they are used like a hammer to crush folks the elites have determined must be destroyed. This prosecution and persecution of a duly-elected statewide officeholder is another sad chapter in this state's long and sordid history. Charlie White could always appeal today's decision, but I highly doubt he will get any better results from the Supreme Court.


Anonymous said...

It is a shocking result. Particularly viewed in light of the fact that Carl Brizzi remains fully licensed to practice law. But then, after all, Indiana Judges are the laughing stock of the nation. And corruption in both government and in the legal profession seems to be the norm here. I'm ashamed for them. And saddened at what my once proud State has become.

Paul K. Ogden said...

I am surprised they upheld the theft conviction. The Town of Fishers, in fact, would have subjected itself to treble damages and attorneys fees if the Town didn't pay White for work performed. How then is it "theft" for him to accept that money?

Anonymous said...


Actually this is a better result than I thought he would get. Which is sad! Charlie White needs to keep up the good fight! We the men and women of the mind will take back this state from these people who call themselves democrats and republicans! We will be like a million mosquitos in that we will destroy the investigates of the Bayh, Lugar, Daniels cartel! Down with tyranny!

Anonymous said...

This 3-judge panel lost all of my respect through their finding Carl Brizzi had not provided ineffective counsel. He could not have done more to throw the trial than if he had been doing it on purpose. They repeatedly talk about the failure to preserve issues for appeal, but give Brizzi a clean bill of health. Something's rotten in Denmark.

Anonymous said...

Judge Barnes is a St. Joe County
ex-Prosecutor but is Democrat.
I assume that Judge Vaidik was also
Democrat appointed.

Anonymous said...

So has the Supreme Court still not done anything to Jim Voyles' partner for arranging the payment of a bribe to the prosecutor to spring her client from prison for a murder conviction?

Anonymous said...

Joe Hogsett should be sent to prison for covering up multiple felonies Brizzi committed while he was Marion County prosecutor. Talk to the local FBI agents about their low opinion of Hogsett. He's getting the mayor's office handed to him on a silver platter for covering up all of that corruption.

Gary R. Welsh said...

All three of the judges are Democrats appointed during the Bayh-O'Bannon era.

Anonymous said...

Anon 5:06

AMEN, Amen, Amen.

Thank God someone is talking about the elephant in the room.

That Hogsett is being handed this office on a silver platter gives credence to all the rumors I've heard over the years of insidious and covert Republican-Democrat deals about whom shall hold office during what years. Further, it seems that certain offices are oddly "destined" to be Democrat for ages while others go to establishment Republicans... and I am talking more than gerrymandered boundaries creating outcomes.

Anonymous said...

Charlie forgot to list as one of his reasons for ineffective counsel that Carl Brizzi was getting stalked by the same gal that stalked his then BFF Tim Durham. That's what he said! Must be a lot of stress to get stalked at the same time you are pretending to be a real estate finder all the while collecting an absurd amount in legal fees to mount that embarrassment of a case that never should have been brought in the first place.

Go Charlie! At least you can go to bed knowing at least in your case people know you were railroaded, and that you never took thousands in cash stolen from the elderly and needy.

Anonymous said...

What's Richard Lugar's excuse for voting in Indiana now that he's no longer a member of the Senate? The man lied to Indiana voters when he said Indiana was where he planned to return when his work in the Senate was finished. He's still living in Virginia and checking out the boys on DuPont Circle where his new office is located.

Paul K. Ogden said...

Anon 6:59: Bayh is doing the same thing and has been for years. Clearly he doesn't live in Indy and commits a felony every time he votes.