Charlie White is asking a judge to prevent his testimony during an election hearing Tuesday from being used against him in his criminal case. Marion Circuit Court has agreed to consider the issue Monday morning, just one day before the hearing.
The Indiana Recount Commission will hear testimony Tuesday regarding Democrats’ complaint that White was illegally registered to vote at the time he declared his candidacy for Secretary of State and shouldn’t be allowed to hold office. Democrats say that the Republican White’s opponent, Vop Osili, should replace White.
White has unsuccessfully sought to halt the Democrats’ complaint until his criminal case in Hamilton County is resolved. He has been charged with seven felonies, including three counts of voter fraud, and his trial is scheduled for Aug. 8.
White and his wife, Michelle, were subpoenaed to testify at Tuesday’s hearing. His wife’s attorney, former Marion County Prosecutor Carl Brizzi, tried to get her out of testifying because she has been told she’s the target of a grand jury investigation, but the commission ruled this week that she must testify and assert her Fifth Amendment right not to incriminate herself.
White’s attorney, Jim Bopp, has requested use immunity to White and his wife.
Use immunity would prevent their testimony at Tuesday’s hearing from being used against them in a criminal case.