Arthur Edward Lindsey

[KHTS] – An Acton man on trial for rape didn’t have his parole for a life sentence in Indiana revoked after a subsequent California crime — the statutory result for a post-release conviction, an Indiana official said Tuesday.

Current Indiana law dictates Arthur Lindsey, 74, of Acton, should have had his parole revoked on the life sentence he served for a 1965 Indiana rape-murder — after he was released in 2011 from a California prison for a subsequent conviction, said  Ron Leffler, deputy extradition coordinator for the Indiana Department of Corrections.

“There’s actually a warrant on file at the jail for him,” Leffler said. “The way the sentencing laws are here, if he gets convicted of a felony while he’s on parole, then we have to revoke his parole.”

Leffler was unsure of why Lindsey was again granted parole after his 2011 release for failing to register as a sex offender, he said in an interview earlier this week.

Lindsey, who’s in the middle of a trial for allegedly raping a 29-year-old Santa Clarita woman, had a previous conviction for the rape and murder of an Indiana, for which he was sentenced to life in prison March 3, 1965.

He was paroled for the 1964 crimes in 1998 after serving 33 years in prison, and then moved to California and resumed criminal activity, according to court records.

“It looks like there were three charges for failure to register (as a sex offender in California),” Leffler said, noting Lindsey also was arrested by federal authorities in San Diego for “trying to smuggle illegal aliens.”

The human trafficking charges were not pursued, Leffler said, but Lindsey ended up receiving a six-year sentence for a June 2005 conviction of failing to register as a sex offender.

After his 2011 release from a California state prison, Indiana state law now calls for a revocation of his parole, Leffler said, mentioning the outstanding arrest warrant.

“He has to remain under supervision, basically, until he dies,” he explained, adding Lindsey’s conviction predated two separate overhauls of Indiana state law — once in 1977, and then again last year.

Indiana Department of Corrections officials evaluated Lindsey in 2011, Leffler said, spending roughly $2,000 to fly him out for a parole board hearing.

But Lindsey was released under what Indiana correctional officials refer to as “the old code,” he said.

“He probably was brought back and spent some time here and then released again in 2011,” Leffler said.

He could still face an Indiana Parole Board if he’s convicted of his current charges, Leffler said. However, Lindsey now faces a life sentence if convicted again due to California’s “Three Strikes Law,” said Deputy District Attorney Jon Hatami.

Lindsey was a medical miss out in court Wednesday, according to court officials.

The prosecution has three more witnesses, and plans to wrap up its case Thursday.

It’s unclear whether Lindsey plans to take the stand in his defense.