10 p.m.: Voter fraud charges unresolved
By Shawn McGrath
The case has had its share of twists as it has meandered through the legal system.
The case was originally filed in Madison County Court 1, but was moved to a Henry County court in March 2006. The Indiana Supreme Court appointed a special judge outside of Madison County after Judge David Hopper asked to be recused and the case moved because Barber’s then-stepdaughter is an Unified Courts employee.
While the woman’s employment likely would not have effected the case, Hopper asked for the special judge to avoid the appearance of impropriety, according to his request. With the exception of Madison Circuit Court, the Unified Court system oversees administrative duties for the felony courts.
Karen Carpenter, city controller, said Barber worked for the city from December 1999 through December 2004, when he was placed on unpaid administrative leave. He earned $46,418 as city hall maintenance supervisor. It wasn’t immediately clear if he has been formally terminated or remains on unpaid leave with the city.
Barber filed a lawsuit against the city in December 2006 seeking unspecified damages. He claims in the lawsuit that the suspension was a violation of his due process rights and was politically motivated. The lawsuit names former Republican Mayor Kevin Smith and then-board of works members Rob Sparks, Robert Schuler and James Roger Clark.
Barber’s attorney, Tom Hamer, declined comment because the litigation is ongoing.
There has been no action in the civil case since February 2007, when then-City Attorney Tom Chaille filed a reply to the allegations and demanded the lawsuit be heard by a jury. Chaille said in the reply that Smith would have been within his rights to fire Barber because of his political affiliation, but that wasn’t the reason he lost his job.