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Monday, March 14, 2011

Ind. Decisions - Still more on: David Camm motion filed with Court of Appeals

The ILB reported at noon time that "The Court of Appeals accepted jurisdiction over the Camm interlocutory appeal on Friday."

Harold J. Adams of the Louisville Courier Journal is reporting the story this evening, under the heading "Appeals court agrees to hear David Camm's motion on prosecutor in murder case." Some quotes from the thorough report:

The appeals court agreed Friday to consider whether Floyd County Prosecutor Keith Henderson should be removed from the case because he signed a now-aborted deal to write a book about the case.

Special Judge Jonathan Dartt of Spencer Circuit Court previously rejected the motion by Camm’s defense team to disqualify Henderson based on what they say is a conflict of interest. * * *

In his January ruling, Dartt said that while he heard evidence that the book contract “could” affect how Henderson handles the case, he found no evidence of an “actual” conflict of interest.

The appeals court action means there will be no further movement toward a third trial until that the court decides whether Henderson must be replaced.

Richard Kammen, one of Camm’s attorneys, said the appeals court decision is an important development “in that the propriety of what Mr. Henderson has done will certainly be continued to be fleshed out.” * * *

The defense asks in its motion whether state law requires removal of a prosecutor “who created a financial interest in one of his cases by hiring an agent to pursue for him a book deal about the case while the case was pending at the trial level and entering into a contract to write the book while the case was pending on appeal.” * * *

Camm is being held without bond at the Pendleton Correctional Facility.

Kammen said there are “no plans at this point” to request Camm’s release on bond.

Posted by Marcia Oddi on March 14, 2011 07:55 PM
Posted to Indiana Decisions