Supreme Court orders special judge for third high-profile trial

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The Indiana Supreme Court has appointed a southern Indiana judge to preside over the third trial of a former state trooper charged with murdering his family a decade ago, and one of the initial decisions he’ll consider is whether to move the trial outside that region.

Granting what is sometimes known as a “lazy judge” motion under Indiana Trial Rule 53.1(F), the state’s highest court issued an order Friday that removes Warrick Superior Judge Robert Aylsworth from the case of David R. Camm, a former Indiana State Police trooper accused of killing his wife and two young children at their home in September 2000. Spencer Circuit Judge Jonathan A. Dartt will now hear the case.

Camm has been convicted twice for the murders, once in Floyd County and again in Warrick County after the trial was moved, but both times those convictions were reversed on appeal. Floyd County Prosecutor Keith Henderson decided late last year after the latest remand that he’d pursue a third trial, and attorneys have been sparring back and forth since then about where to hold the case to ensure a fair trial.

Camm’s defense attorneys had asked the Supreme Court to appoint a special judge after Judge Aylsworth failed to rule on a venue change motion within 30 days, as required by the trial rules. The defense had filed a motion to move the case out of Warrick County to northern Indiana because of media exposure. Judge Aylsworth sent questionnaires to 200 potential jurors to determine how much they knew about the case and whether a fair trial could be held there. Camm had filed a motion in mid-April to seek a new venue. The state objected April 30, Camm filed a response May 6, and then Camm’s defense attorneys filed the special judge request 33 days after that.

Defense attorney Stacy Uliana in Indianapolis couldn’t be immediately reached for comment today, but Floyd County Chief Deputy Prosecutor Steve Owens said a decision had been put on hold for the past month since the special judge request had been filed.

Now, Judge Dartt will be responsible for all hearings in that case, including the venue change motion and likely the third trial no matter where it’s held.

Both sides have disputed what the surveys reveal about the venue location – Henderson said the prosecution could easily select an impartial jury in Warrick County because more than 50 of the 176 who responded had little or no knowledge of the case; while Uliana said at least half responded that they believed Camm is guilty and that means they’re tainted in that part of the state.

Owens doesn’t foresee any change in how the case is handled, but he does expect that the special judge will need to take some time to get up to speed and review Judge Aylsworth’s work before moving ahead. No new court dates had been scheduled as of this afternoon, he said.

“The case is prosecuted the same no matter what county you’re in, what prosecutor or judge you have,” Owens said. “This will have no impact on us, and Judge Dartt knows best about how it may proceed.”


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.