Attorney Believes Case Against Former Milan Clerk-Treasurer Should Be Dismissed

Eagle Country 99.3 told you about the case against a former Milan Clerk-Treasurer. Now Dale Holbert's defense attorney says he wants the charges dropped.

(Milan, Ind.) - The defense attorney for a former Town of Milan clerk-treasurer says the court should dismiss the charges against his client.

Jud McMillin is the attorney for Dale Holbert. Holbert was charged in February with one count of Violation of the Depository Rule (level 5 felony), two counts of Violation of the Depository Rule (level 6 felony), and three counts of Official Misconduct (level 6 felony).

The charges were filed nearly five years after Holbert resigned from office in March 2014 as an Indiana State Board of Accounts audit of the town’s finances were conducted. The audit determined many checks to the town were not deposited in a timely manner and little to no records were kept during Holbert’s 13 months in the clerk’s office.

The SBOA’s report on the audit was not formally completed until November 21, 2016.

“All this stuff is really retroactive stuff. It’s not things that at the time anybody was pointing at this guy saying ‘You’re doing a terrible job’ and forcing him out,” McMillin tells Eagle Country 99.3.

McMillin says, as with any criminal case, there is still much information to be uncovered. What he expects to be found as the case develops is that Holbert fell short of “ridiculous statutes.”

“I don’t think he stole anything. When he took over that place, it was a complete mess. It may have been an insurmountable task to try and fix then,” McMillin adds.

McMillin filed on March 4 a motion asking Special Judge Jonathan Cleary of Dearborn County to dismiss Holbert’s case. The Brookville-based defense attorney argues the State of Indiana is using “defective charging informations” which do not state the offenses with sufficient certainty, thus violating due process. He also believes the state’s case, which was filed last month about five years after Holbert left office, is untimely brought.

Cleary has scheduled an April 12 hearing to consider the motion to dismiss.

RELATED STORIES:

Former Milan Clerk-Treasurer Allegedly Failed To Keep The Books

More from Local News


Events

Hebron Man Charged in Child Pornography Investigation

The suspect, James McReynolds, 33, of Hebron, was arrested.

Lawrenceburg Municipal Utilities Receives National Recognition

Lawrenceburg Municipal Utilities’ average outage time per year is 27 minutes.

Duke Energy Crews Restore Power to More Than 74,000 after Severe Storms in Indiana

Wind gusts of 65-80 miles per hour caused broken poles, trees in power lines and damage to electric infrastructure.

Local Sports Report - April 2, 2025

Report missing stats and scores to news@eaglecountryonline.com

South Ripley Varsity Basketball Coach Seve Beach Honored by IBCA

He has a 47-25 record in three seasons with the Raiders.

Switzerland County's Cooper Todd Commits to Anderson University

He will now go on to join the defending HCAC champions.

On Air

Chelsie playing
Blake Shelton - Nobody But You

JoDee Messina I'm Alright 6:21
Caylee Hammack Family Tree - Eagle Only 6:17
Kenny Chesney Reality 6:14
Johnny Cash I've Been Everywhere 6:08