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Saturday, June 02, 2007

Ind. Decisions - More on: Supreme Court orders the Warrick County court reporter to finish typing the transcript of the David Camm murder retrial

On May 4th the ILB quoted from a Ben Zion Hershberg story in the Louisville Courier Journal that began:

The Indiana Supreme Court has ordered the Warrick County court reporter to finish typing the transcript of the David Camm murder retrial by June 1 or face possible contempt-of-court charges.

The stern warning by the court, issued Wednesday, followed court reporter Mary C. Kennedy's request for a delay until Aug. 1 to finish the transcript of the eight-week trial, which was held early last year in Warrick County Superior Court.

Today Hershberg has a story headlined "Camm case transcript not ready: Court reporter risks contempt order." Some quotes:
Despite risking a contempt-of-court charge by the Indiana Supreme Court, the Warrick County court reporter responsible for typing the transcript of David Camm's murder retrial last year has asked for more time -- but only until Monday.

In May, the Supreme Court ordered Mary C. Kennedy to file the completed transcript by yesterday, saying she could be charged with contempt if she failed to do so. * * *

Kennedy said she expected the seven people who have been working on the transcript with her to finish the typing yesterday, but that wouldn't leave enough time to compile the massive document and create a table of contents, lists of witnesses and exhibits, and then assemble volumes of exhibits before the end of the day.

All that will be done by Monday, Kennedy said, if the court gives her an extension through the end of the business day Monday.

The Supreme Court wasn't expected to take any action in the case yesterday, a staff attorney said.

However, this morning the ILB was delighted to discover that WHAS11.com, out of Louisville, has a Camm - Boney Murder Trials Blog - access it here.

The WHAS11 Blog has an entry from late yesterday afternoon reporting that the deadline extension had been granted, and setting out the order in full. Some quotes from the June 1 Supreme Court order by Chief Justice Randall T. Shepard:

Court Reporter Kennedy has now filed "Court Reporter's Final Verified Motion For Extension of Time to File Transcript," her third motion, asking for an extension of time of three days, to Monday, June 4, 2007, in which to complete and file the transcript.

Court reporters are expected to comply with court orders just as parties are, and the particular circumstances that prevent the transcript from being completed June 1 is not necessarily apparent from the motion.

On the other hand, the court reporter has designated her motion as a "final" request for extension of time and the bulk of the additional time requested occurs over a weekend when the court is closed.

The court reporter's motion is GRANTED. Court Reporter Kennedy is ORDERED to complete and file the remaining portion of the transcript on or before the close of business June 4, 2007.

This is a final extension. If the remaining portion of the transcript is not completed and filed on or before June 4, 2007, the court reporter will be ordered to appear before this Court in person to show cause why she should not be held in contempt.

For some background on unfinished or lost transcripts, and court transcripts in general, see this ILB entry from April 22, 2007.

Posted by Marcia Oddi on June 2, 2007 08:40 AM
Posted to Ind. Sup.Ct. Decisions