Updated: February 12, 2013 11:15PM
NOBLESVILLE (AP) — Former Indiana Secretary of State Charlie White should begin serving his sentence for vote fraud and other felonies because he no longer is appealing his convictions, a special prosecutor said.
The postponement of White’s one-year sentence of home detention was contingent upon an appeal that White no longer is pursuing, Sigler told The Indianapolis Star.
White has remained free since he was convicted a year ago of six felonies. Hamilton Superior Court Judge Steven Nation allowed White to delay serving the sentence while he appealed his convictions, but White asked to stop his appeal last fall to pursue post-conviction relief before Nation.
“We assumed he was going to file the post-conviction relief petition right away,” Sigler told the Star. “As long as it was litigated right away, I didn’t have a problem with that. Now it’s going into the fifth month and nothing has been filed.”
Nation has not yet ruled on the request for post-conviction relief. If the petition is successful, Nation could overturn White’s convictions and order a new trial.
White’s attorney, Andrea Ciobanu, responded to the prosecution request by telling the court attorneys are still waiting to get transcripts of the trial. Ciobanu said she the transcripts this week and plans to file the petition in April.
She also argued that Nation set no deadline to file the petition.
White is seeking post-conviction relief because he believes that his former attorney, Carl Brizzi, provided such poor service it led to White’s convictions.
The charges against him stemmed from using his ex-wife’s address as his voting address when he was serving on the Fishers Town Council and running for secretary of state in 2010.
His convictions on three counts of voter fraud, two counts of perjury and one count of theft forced him from office.