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Last updated: Tue. Oct. 15, 2013 - 05:11 pm EDT

Former Indiana elections chief wants convictions tossed

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NOBLESVILLE — Indiana's former elections chief was difficult to control and was not allowed to take the stand at his 2012 voter fraud trial because he was a loose cannon, the attorney who defended him testified Tuesday.

Carl Brizzi explained his defense strategy during a Hamilton County court hearing on ex-Secretary of State Charlie White's petition to have his convictions overturned.

White was sentenced to a year of home detention and was removed from office in February 2012 after a jury convicted him of voter fraud and other felony charges. The case stemmed from his use of his ex-wife's home in Fishers as his voting address in 2010 while serving on the Indianapolis suburb's town council and running for secretary of state.

Prosecutors said White lived in a townhouse outside his council district with his then-fiancee but continued to receive his council salary and vote 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 during the trial. White filed a separate civil lawsuit in July accusing Brizzi of legal malpractice and other professional misconduct.

Brizzi testified Tuesday in a Hamilton County court that he couldn't control White and that a media interview his then-client gave was "a disaster."

"It was all I could do to just keep him, to just maintain composure," Brizzi said.

Brizzi said he didn't prepare White to testify because when he was preparing his second wife, Michelle, she stated that White hadn't lived at his ex-wife's address.

Allowing White to testify "would have been a disaster," he said.

White's new attorney argues Brizzi was erratic and deviated from his planned defense.


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