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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues