Anything Secretary of State Charlie White says at an election hearing Tuesday can be used against him in his criminal case in Hamilton County, a Marion Circuit Court judge ruled this morning. White’s attorney, Jim Bopp, said he is considering fighting the ruling in the Court of Appeals. If he appeals, he would ask for an expedited ruling so Tuesday’s hearing could continue as planned.
The Indiana Recount Commission will hear arguments and testimony Tuesday regarding Democrats’ complaint that White was illegally registered to vote at the time he declared his candidacy and shouldn’t be allowed to hold office. The Democrats say that White’s Democrat opponent, Vop Osili, should replace White.
White asked Marion Circuit Court Judge Louis Rosenberg to grant use immunity to him and his wife, Michelle, so they could testify freely at Tuesday’s hearing. Rosenberg denied White’s request this morning because he said the request must come from the special prosecutors in White’s criminal case. The two special prosecutors have already denied White’s request for immunity, according to court documents.
Bopp said that, in this particular case, a judge should be able to grant immunity for White and his wife.
White has unsuccessfully petitioned the Marion Circuit Court and State Supreme Court 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.