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COA orders special prosecutor in Camm trial

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The county prosecutor who signed and later cancelled a book deal about his involvement in the murder trial of David Camm will not be allowed to serve as prosecutor at Camm’s third trial.

The Indiana Court of Appeals concluded Tuesday that because Floyd County Prosecutor Keith Henderson signed a contract to co-author and publish a book about Camm’s case prior to his third retrial, Henderson permanently compromised his ability to advocate on behalf of the people of Indiana in the third trial.

The issue came before the appellate court on interlocutory appeal in David R. Camm v. State of Indiana, No. 87A01-1102-CR-25. Camm has twice been convicted of killing his wife and two young children, but both times his convictions were overturned on appeal. Henderson signed an agreement to publish a book about the Camm case before Camm was sentenced to life without parole at his second trial in 2006; that conviction was overturned and Henderson decided to end his contract with the publisher because there was going to be a third trial. He cancelled the contract in September 2009 and does not have a current agreement to write a book about the case, but he has made comments indicating that he is committed to writing the book when able.

Henderson refiled murder charges against Camm on Dec. 1, 2009; that same day, Camm’s attorney filed for appointment of a special prosecutor. The trial court denied the petition in January 2011, in part because Henderson no longer had an active book deal.

“As a result of having signed the literary contract, Henderson has provided Camm with a defense strategy that he would not otherwise have,” wrote Judge John Baker. “Camm may now contend that Henderson’s literary contract, albeit cancelled, and his commitment to write a book influenced his decision to prosecute Camm for a third time. Henderson has made himself an issue at trial, and thus cannot continue to serve as prosecutor in this case.”

Henderson can’t be both committed to writing a book about the Camm case and serve as prosecutor because it creates a conflict of interest between his personal and professional interests. This conflict will undercut Henderson’s ability to represent the people of Indiana’s interests in a just and fair way, wrote Baker.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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