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Thursday, September 06, 2012

Ind. courts - "David Camm's attorneys ask Indiana Supreme Court to free him while he awaits third trial"; and a word from the ILB

Updating this ILB entry from yesterday, which includes a link to the Petition for Writ of Mandamus, Harold J Adams of the Louisville Courier-Journal writes today:

Attorneys for David Camm have asked the Indiana Supreme Court to order him released from custody while the former state trooper waits for a third trial on charges that he murdered his wife and children nearly twelve years ago.

If granted, the writ of mandamus filed Tuesday would reverse a ruling by a trial court judge who in July denied Camm’s request for pretrial release.

The petition claims that Camm has been held for an unreasonable amount of time without going to trial — in violation of state trial rules and the Sixth Amendment to the U.S. Constitution. The most recent conviction of Camm for the September 2000 murders of Kimberly Camm and the couple’s children Bradley and Jill was overturned by the state high court in 2009.

Defense attorney Stacy Uliana noted that both convictions of Camm in the September 2000 killings near Georgetown have been overturned because of improper evidence and arguments by prosecutors.

“Twelve years is a long time to be imprisoned without a fair trial,” Uliana said. “Dave hasn’t been convicted of anything. And at some point he should be allowed to be out of prison and to help his attorneys prepare for trial.” * * *

The Camm petition cites a state rule requiring that a defendant be released from custody if not brought to trial within six months of an arrest, as well as Camm’s constitutional right to a speedy trial.

Uliana said both have been violated by the more than 2½ years of delays so far leading up to a third trial. The trial is not scheduled to take place until next summer. She says most of the delay was caused by Henderson fighting Camm’s petition to remove him in favor of a special prosecutor.

Dartt sided with Henderson on that petition, ruling that the prosecutor’s efforts to write a book about the Camm case, while it was still under appeal, did not present the conflict of interest claimed by the defense.

The Indiana Court of Appeals reversed Dartt in 2011 and ordered Henderson off the case. Camm now asks the Supreme Court to similarly reject Dartt’s ruling on pretrial release and order the judge “to release him upon his own recognizance or with reasonable liberty restrictions.”

Important ILB Notice: The LCJ informs me that this is my last article and that I must subscribe today for full access. So this may be the last LCJ story referenced and linked to by the ILB. The same goes for the Lafayette Journal-Courier, the Indianapolis Star, and a number of other Indiana papers. The ILB cannot afford to subscribe to all these papers. We seem to be reverting to little localized islands of news ...

Posted by Marcia Oddi on September 6, 2012 10:32 AM
Posted to Indiana Courts