More than three years after voter fraud charges were brought against a former Anderson city employee, the case remains unresolved and the man’s attorney wants the case dismissed because prosecutors have taken too long to bring it to trial.

In December 2004, prosecutors charged Kyle E. Barber, 51, with 17 felonies, including multiple counts of voter fraud, aiding in voter fraud and attempted obstruction of justice, all involving absentee ballots during the 2003 Anderson municipal election.

Barber was among several people, including former county Democratic Party Chair Tom Ashley, Barber’s former father-in-law, to be charged as a result of the investigation. Ashley died in May 2006 before the case was resolved against him. The cases against the others have since been adjudicated.

Barber allegedly directed several people to vote in a precinct where they didn’t live, told others how to vote and delivered and picked up absentee ballots. He also allegedly instructed some people to lie to investigators.

Barber could not be reached for comment.

In November, Barber’s attorney, Bryan Williams, filed a motion to dismiss the case because he believes prosecutors have taken too long to bring Barber to trial.

In his objection to the dismissal, Special Prosecutor Kit Crane argues that he didn’t receive the case file until September, which caused much of the delay. About two months after he took office in January 2007, Madison County Prosecutor Thomas Broderick Jr. asked that a new prosecutor be appointed because he briefly represented Barber shortly after Barber was arrested. Crane, who is prosecutor in Henry County, was appointed in March and has been handling the matter since.

Crane says in the court documents that he made repeated calls to the Madison County Prosecutor’s Office since late March requesting the case file. It wasn’t until he sent a letter in mid-September asking for the paperwork that he finally received the file, about six months after he was appointed.

Crane also argues that court congestion caused the case to be pushed back at least twice before he was appointed, and those delays shouldn’t be attributed to the state. He also says an October 2006 trial date was scratched because prosecutors were in talks with Barber about a possible plea agreement. Another trial date was never set.

Williams said the delay — whether caused by the Madison County Prosecutor’s Office or Crane — isn’t Barber’s fault.

“The fact that our local prosecutor isn’t doing his job doesn’t mean Kyle Barber loses his rights,” Williams said. “This has languished in the Madison County Prosecutor’s Office since Mr. Crane was appointed.”

Broderick didn’t return a message seeking comment.

Crane said he doesn’t think Henry Superior Court Judge Michael Peyton will drop Barber’s charges. All of the counts are Class D felonies punishable by six months to three years in prison.

“I feel pretty confident the motion to dismiss will be denied,” Crane said.

He said Peyton will likely schedule a hearing on the issue in the coming weeks.