Friday, March 09, 2012
Ind. Courts - "David Camm attorneys ask that prosecutor be barred from helping replacement"
The legal wrangling over how much involvement Floyd County Prosecutor Keith Henderson may have in a third trial of David Camm did not end when the Indiana Court of Appeals ordered Henderson off the case because of a conflict of interest.
A hearing will be held April 18 on a motion by Camm’s attorneys asking that Henderson be barred from helping Special Prosecutor Stanley Levco, who was appointed to replace him.
They want Henderson to merely hand the files to Levco and then step aside. * * *
Special Judge Jonathan Dartt last month ordered Henderson’s office to transfer the case file to Levco and to “fully cooperate in his review and investigation of the file and this case,” according to the motion by Camm attorneys Stacy Uliana and Richard Kammen.
They argue that Dartt’s order goes against the law of the case and “the spirit of the Indiana special prosecutor statute.”
Permitting Henderson to consult and advise with Levco would allow the banned prosecutor “to inject his tainted perceptions and thus his conflict into the third prosecution” of the former Indiana State Police trooper, the Camm motion says.
In a brief interview, Levco said he would contest the motion. He declined to say how much help from Henderson he might be seeking. * * *
Camm’s attorneys request that no current or former employees of Henderson’s office be allowed to consult with Levco or his staff “regarding any facet of trial strategy.” They also ask that Henderson be prohibited from sharing with Levco the manuscript of his book.
Posted by Marcia Oddi on March 9, 2012 07:17 PM
Posted to Indiana Courts