10/13/2010 - Democrat, Republican Named to Investigate Voter Fraud Case (Indy Star)

By Carrie Ritchie -

The Hamilton County prosecutor's office is counting on two special prosecutors -- one a Republican and one a Democrat -- to investigate allegations of voter fraud against Republican secretary of state candidate Charlie White.

Some say the move will ensure the investigation is based on justice, not politics, but others say it could cause problems if the two can't come to a consensus.

The Hamilton County prosecutor's office hopes appointing the two prosecutors will take the politics out of what started as a partisan complaint.

Democrats asked the prosecutor's office to investigate White shortly after he resigned his Fishers Town Council seat because he moved out of his district.

White also acknowledged he used his old address to vote in the May 4 primary. White says he made a mistake but didn't commit a crime.

The investigation likely won't wrap up before the Nov. 2 election, but if White wins and is later convicted of a felony charge of voter fraud, he could lose the job.

Appointing two special prosecutors is rare, but it's not unheard of, and the county thinks it's the best way to handle the case, said Jeff Wehmueller, administrative chief deputy for the Hamilton County prosecutor's office.

On Monday afternoon, a Hamilton County judge approved the prosecutor's request to appoint John Dowd, a Republican and former Warren County prosecutor, as the lead prosecutor and Daniel Sigler, a Democrat and former Adams County prosecutor, as Dowd's assistant.

If the two disagree, Dowd would have the authority to make the decision, but Sigler would have the chance to object, Wehmueller said.

Giving the Republican more authority could negate the county's attempts to make the investigation bipartisan, said Joel Schumm, clinical professor of law at the Indiana University School of Law-Indianapolis.

"If the Democrat is just an assistant, some will still be concerned about the politics of it," Schumm said. "If the two are equals, then the process is going to be riddled with practical difficulties."

But some say the decision has merits.

Defense attorney Jim Crum supports the idea. He has followed the story and questioned how a special prosecutor of either party could investigate the issue without the perception of bias.

Vop Osili, White's Democratic opponent, said in an e-mail statement Monday that he is happy the county appointed a prosecutor from each party.

"These actions indicate that the Hamilton County prosecutor has approached these allegations of voter fraud, a Class D felony, with the seriousness and gravity that they warrant," said Osili, who joined his party in requesting the investigation.

"Unfortunately, Mr. White continues to trivialize and make light of these actions, which seems to show a disregard for Indiana's election laws."