AG wants justices to consider prosecutor disqualification

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Arguing that prosecutors must face an actual conflict of interest before they can be removed from a case, the Office of the Indiana Attorney General wants the state justices to take the high-profile case of a former state trooper being tried for murders that happened more than a decade ago.

The AG filed a transfer petition Thursday in the case of David R. Camm v. State of Indiana, No. 87A01-1102-CR-00025, in which the Indiana Court of Appeals in November held that Floyd County Prosecutor Keith Henderson can’t be involved with David Camm’s retrial. Twice convicted of killing his wife and two young children, Camm has had his convictions overturned on appeal; the most recent in July 2009. He faces a third trial in Warrick County.

Henderson had signed an agreement to publish a book about the Camm case before the man was sentenced to life without parole at a second trial in 2006, but after the Supreme Court ordered a new trial, Henderson ended the contract with the publisher. He hasn’t entered into a new one to write a book about the case in the future. Defense attorneys argued that contract created a conflict of interest and a special prosecutor should be appointed. The Court of Appeals agreed.

But in the AG’s transfer petition, the state argues that the intermediate appellate court wrongly removed Henderson based on Indiana’s disqualification statute and set a new standard that only an appearance of impropriety is needed to involuntary disqualify a prosecutor.

Writing that the Court of Appeals believed Henderson made himself an issue at trial, the AG’s brief says the appellate court incorrectly looked at what the prosecutor might do in the future and didn’t rely on the record in the case – now referred to as Camm III - when making its decision.

“This new addition to the special prosecutor statute does little to assist prosecutors in understanding what they may do or must avoid,” the brief says. “Before Camm III, the standard for disqualifying a prosecuting attorney was the existence of circumstances proving an actual conflict of interest. Camm III appears to add a balancing test, in which the prosecutor’s personal desires or statements are measured against speculative predictions about what will, or will not, be allowed at a future trial. It is unclear whether a prosecutor will not be disqualified for an egregious remark that cannot arguably affect the conduct of the trial, but may be disqualified for a slight remark that could arguably affect the trial. The Court of Appeals erred by holding that a personal desire that embraces any consideration beyond the legal duties of a prosecuting attorney may be grounds for disqualification and its decision on this ground should be reversed.”



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. 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?)

  3. 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.

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

  5. 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.