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Special judge rules on venue change in Camm case

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Indiana Lawyer Rehearing

A southern Indiana judge has decided not to change the venue of a former state trooper’s third murder trial, and instead will bring in jurors from outside the region to consider charges in a case that has twice been overturned on appeal.

In a ruling Friday, Spencer Circuit Judge Jonathan Dartt – who the Indiana Supreme Court appointed earlier this year to serve as special judge on the David Camm case – denied a request to change venues and move the trial outside of southern Indiana. Judge Dartt asked the prosecution and defense to inform the court within 10 days whether they’ll agree for all future hearings and the trial to be held in adjacent Spencer County where he presides, or whether it should remain in Warrick County where the second trial had been moved and held.

Camm was first tried in Floyd County for the September 2000 murders of his wife and two children, ages 5 and 7. His first convictions were overturned and the second trial was moved to Warrick County, and last year the Indiana Supreme Court reversed those convictions. Late last year, Camm’s defense attorneys requested a venue change on the grounds that jurors were too exposed to prejudicial media coverage and couldn’t offer a fair and impartial verdict. Justices removed Judge Robert Aylsworth in July after determining that he’d taken too long to rule on the request, and Judge Dartt was brought on to hear the case.

Though he decided to keep the hearings and trial in the region, Judge Dartt ordered that jurors be chosen from another county. He’s instructed both sides to submit a list of at least five counties they would prefer to see the jury selected from.

“By this Order, it is the Court’s intention that due to the publicity and notoriety this case has received in Southern Indiana, the Court will convene in a county to the north outside of the Louisville and Evansville media markets and select a jury and after the jury is selected for the trial to be held in the county of the Court’s location,” the chronological case summary shows.

Aside from the venue issue on the Camm case, Judge Dartt is also tasked with deciding whether Floyd County Prosecutor Keith Henderson – who’s handled the case from the start – should remain the prosecutor. The defense late last year requested a special prosecutor be appointed, specifically because of an agreement that Henderson had entered into to publish a book about the high-profile case. Henderson has said that no book would happen if the Supreme Court overturned Camm’s conviction, as happened last year, but that didn’t change the defense request. Judge Dartt has scheduled a hearing on the motion for a special prosecutor for Sept. 24.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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