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Monday, January 10, 2011

Ind. Decisions - "Request for different prosecutor in David Camm murder case is denied"

Ben Zion Hershberg of the Louisville Courier Journal is reporting:

A defense request that a different prosecutor be appointed for David Camm’s third murder trial has been denied.

Special Judge Jon A. Dartt denied Camm’s request to replace Floyd County Prosecutor Keith Henderson on Friday, saying that the deal Henderson signed in May 2009 to write a book about the case doesn’t represent an “actual” conflict of interest, which would be required to replace him. * * *

Stacy Uliana, an attorney for Camm, said Monday that the latest ruling will be appealed.

[More] Here is a story from Fox 41.

Jerod Clapp of the New Albany News & Tribune reports this evening:

SPENCER COUNTY — Floyd County Prosecutor Keith Henderson will be allowed to prosecute David Camm’s third triple-murder case, according to a Friday court ruling.

Also, another ruling filed by Warrick County Special Judge Jonathan Dartt says the court doesn’t require Henderson to turn over a manuscript of the book he was working on about the case.

Camm’s defense requested a special prosecutor because of a book deal Henderson had after Camm’s second guilty verdict was issued. Henderson’s contract for the book was canceled after that conviction was overturned.

Dartt’s ruling that denied a special prosecutor says since the book deal was canceled, the defense didn’t present any evidence to suggest an actual conflict of interest in Henderson’s involvement in the case.

In the ruling requesting a manuscript of Henderson’s book, it says his agent is in possession of it and Henderson stated he had never seen, read or had the book in his possession. Henderson used a co-author for the book.

The ruling further states if the defense should get a copy of the manuscript, it “shall be kept sealed and confidential until further Order of the Court.”

A third trial date has yet to be set for Camm, but the ruling says it will be determined after Camm’s defense decides whether to appeal the court’s decision to keep Henderson as the prosecutor.

Stacy Uliana, an attorney defending Camm, said she intends to appeal the court’s decision keeping Henderson as the prosecutor.

“We’ve already invested a year into Mr. Henderson’s book,” Uliana said. “We’re not going to stop now.”

Posted by Marcia Oddi on January 10, 2011 03:06 PM
Posted to Ind. Trial Ct. Decisions