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Charlie White. (WISH photo)

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Special Prosecutor Dan Sigler is wheeled out of the Hamilton County Courthouse following closing arguments in the Charlie White trial. (WISH Photo/Ron Nakasone)

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Jury deliberating in Charlie White case

Updated: Saturday, 04 Feb 2012, 2:46 AM EST
Published : Friday, 03 Feb 2012, 12:01 AM EST

INDIANAPOLIS (WISH) - The fate of Indiana Secretary of State Charlie White is now in the hands of a jury.

Comprised of eight women and six men, the jury heard the prosecution’s case earlier this week. White’s attorney, Carl Brizzi, did not present a case against the charges.

A conviction on just one count would be enough to remove White from office; an event that would create even more hearings as Democrats and Republicans would battle for the right to choose a replacement.

Special prosecutor Dan Sigler was taken from the Hamilton County Courthouse in an ambulance Friday, just minutes after delivering his closing arguments in the trial against White.

Sigler left the courtroom quietly and summoned for his wife before being taken out on a gurney.

There are still two remaining prosecutors on the state's team so closing arguments will continue uninterrupted.

White is charged with seven felony counts, including fraud, perjury and theft. If White is convicted of a single count, he faces removal from office and possible prison time.

Special prosecutor DJ Sigler told the jury Charlie White knew what he was doing was wrong but he did it anyway in pursuit of political power. He told the jury the evidence "all fits together"

The indictment alleges White was registered at his ex-wife's home when he voted in the May primary even though he lived at a new townhouse on the other side of Fishers. He admits the mistake but denies an effort to deceive calling the incident “an honest mistake.”

A Marion County judge has already declared that White is ineligible to hold the office and has ordered the runner-up in the race, Democrat Vop Osili, to be installed in his place. That ruling is under appeal, and the judge allowed White to keep his post during the appeals process.

The state Democratic Party has argued since his election in 2010 that White should be removed from office. The Indiana Recount Commission, however, deemed the argument invalid and declared White was properly elected. In July, the Democratic Party appealed that decision , and in December Judge Louis Rosenberg issued his decision ordering that White be removed from office . Rosenberg specifically said, however, that his ruling did not address whether White was guilty of any crime.

Now, a jury is set to weigh in on that measure.

White would be immediately removed from office if jurors find him guilty, said Fred Biesecker, an attorney at Ice Miller who handles government and election law cases.

State law says that any "public officer ...shall be removed from office...when ...a jury publicly announces a verdict against the person for a felony."

The same law says the official can return to office if the conviction is reversed on appeal, he said.

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