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Monday, May 19, 2008

Ind. Decisions - Supreme court to hear David Camm case and Steuben County official's sex case this week

"David Camm case goes before Indiana high court" was the headline to this story by Ben Zion Hershberg in Sunday's Louisville Courier Journal. Some quotes:

Nearly eight years after David Camm's family was murdered at their Georgetown, Ind., home, the state Supreme Court will hear arguments this week on whether the jury that convicted Camm of the killings should have been told more about a co-defendant.
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The playing field at Camm's 2006 Warrick County murder trial, his second in the case, was overwhelmingly slanted against him in part because the defense couldn't delve into the criminal background of co-defendant Charles Boney despite the unchallenged evidence that he was at the murder scene, said appeal lawyer Stacy Uliana.

Uliana, who will present the case for Camm on Thursday in Indianapolis, also said the appeal will challenge why Floyd County Prosecutor Keith Henderson was allowed to argue to the jury, based on little or no evidence, that Camm murdered his family to cover up molestation of his 5-year-old daughter. * * *

But Steve Creason, the deputy attorney general who will argue for the prosecution, said there was evidence to support Henderson's molestation point and that Boney's past was properly withheld from the jury.

"Official's sex case going before Indiana Supreme Court" was the headline to an AP story published Sunday in the Chicago Tribune. Some quotes:
ANGOLA, Ind. - The Indiana Supreme Court will hear arguments Thursday in a case that could determine whether a township trustee should be liable for an employee's sex crimes committed in conjunction with his job.

A Steuben Circuit Court judge had ruled that Camille Clark, who served as trustee for Pleasant Township in northeast Indiana, could not be held responsible for crimes committed by her husband, who served as deputy trustee. Judge Allen Wheate said the crimes and the job were not closely enough related.

A lawsuit the victim filed in March 2005 was decided by summary judgment for Clark but was overturned late last year by the Indiana Court of Appeals. It was returned to the Steuben County courts to be scheduled for a jury trial, and the case was transferred to the state's top court.

If the justices side with the victim, a jury trial must be scheduled in the Steuben Circuit Court. * * *

Some state organizations representing businesses and public officials have sided with Camille Clark, including the Indiana Chamber of Commerce, the Indiana School Boards Association, the Indiana Association of Public School Superintendents, the Indiana Association of Cities and Towns and the Insurance Institute of Indiana.

"These are organizations that are very interested in the state of the law as it affects them," Camille Clark's attorney, Robert Keen Jr. of Carson Boxberger in Fort Wayne, said in a story published in the Herald-Republican.

Keen said if the case is tried, the outcome could affect other sectors dealing with public employees. Opponents of the case going to trial said in court documents that insurance rates could "skyrocket."

Wheeler said the case should be given its day in court. He has been joined by the Indiana Trial Lawyers Association, which contends a jury should be given the opportunity to hear a case when there is a question whether the person's employment and the criminal acts were associated.

Posted by Marcia Oddi on May 19, 2008 06:50 AM
Posted to Upcoming Oral Arguments