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.

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.