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Thursday, December 15, 2011

Ind. Decisions - More on "Keith Henderson can't prosecute third David Camm murder trial, appeals court rules"

Updating this ILB entry from Nov. 17th, David Suddeath reports in the New Albany News & Tribune:

FLOYD COUNTY — Indiana Attorney General Greg Zoeller announced Thursday his office will appeal the ruling that removed Floyd County Prosecutor Keith Henderson from David Camm’s third murder trial due to a book deal. * * *

In a news release issued Wednesday afternoon, Zoeller defended Henderson’s right to represent the state in the case.

“Prosecutors as elected officials need to be able to speak freely following a conviction in order to maintain the public confidence in our system of justice,” Zoeller said.

“After consulting with the Indiana Prosecuting Attorneys Council, we have decided to ask the Indiana Supreme Court to review the appellate court’s ruling and provide guidance on this important issue, and we ask that the prosecutor be allowed to remain on this case.”

From a story by Ben Zion Hershberg in the Louisville Courier Journal:
Richard Kammen, one of Camm’s lawyers, said he was disappointed to learn Zoeller is appealing the ruling but not terribly surprised.

“This will mean a delay of at least 60 days,” Kammen estimated, while the Indiana Supreme Court decides whether to accept the case.

The delay in Camm’s third trial would be months longer if the high court decides to review the ruling and hold oral arguments, Kammen said.

He added that he believes that once the prosecutor issue is resolved, it will be another “year of intense preparation” before the trial can be held.

Posted by Marcia Oddi on December 15, 2011 08:14 PM
Posted to Ind. App.Ct. Decisions