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MILWAUKEE - Prosecutors say a former Milwaukee Public Schools board member was elected to a district she didn't live in and collected pay for that position, and she was later charged with food stamp fraud.
Aisha Carr is facing a trial in both cases.
But in the misconduct in office case, her defense attorney alleges prosecutors singled her out because of her race.
At a preliminary hearing in August, Carr's defense attorney Dan Adams probed a DA investigator for the origins of the state's case.
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Now, Adams is asking the court to force the state to turn over documents the defense says would show Carr was prosecuted based on race and wants the charges dismissed.
He's asking for documents showing if Carr was singled out and if other referrals were handled differently.
Adams isn't commenting.
The state wants the court to deny the request, arguing it lacks sufficient support for the court to grant it, and note prosecutors tried to resolve the case before the case was issued.
UW Law School professor Ion Meyn said it's an uncommon defense and motion. States, like California, have laws about discriminatory or disparate charging practices.
"In states that don’t have this kind of protection, it’s uncommon," Meyn said. "It's a tough hill to climb."
Carr was elected back in 2021. She was critical of the MPS administration, sparred with the teachers union, and opposed the district referendum.
Carr resigned from office in May.
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She was charged in June with misconduct in office and theft.
Prosecutors say she represented a district she didn't live in aAnd collected a paycheck for it.
Investigators say Carr did move into a home in the district nearly two years after she was first elected.
Carr has received an offer from the state.
A hearing is scheduled for next week in this case, as well as the food stamp fraud case. That case stemmed from the investigation into her residency.
Prosecutors say Carr received food benefits, despite being over the income limit.