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Every defendant has a story

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The lady of the night arrested plying her trade offered some words of encouragement as Stacy Uliana, then a law student, and her professor prepared to defend the woman in court.

“You ladies go get ’em,” the prostitute said.

Recalling that client and her words still makes Uliana giggle. It is a funny memory, but it is also the point where she became assured of her career path.
 

uliana-stacy-15col.jpg Attorney Stacy Uliana (IL Photo/ Aaron P. Bernstein)

“That’s when I knew I would like this,” Uliana said. “I had a skinny, crack-addicted prostitute saying, ‘You ladies go get ’em.’”

Since that time, Uliana has spent much of her legal practice working as a defense attorney. A 1997 graduate of Indiana University Robert H. McKinney School of Law, she found criminal law to be the most interesting with its courtroom confrontations and constitutional issues. She confessed she ended up on the defense side partly because that was the job she was offered.

Much of her work is at the appellate level. She will take just about any case that lands on her desk, but she prefers cases that have a legal or factual issue in dispute, giving her something challenging to argue rather than falling on the mercy of the prosecutor to get a good plea.

“I’m not very good at that,” she said.

Freeing David Camm

Her biggest and most exhausting case has been fighting for David Camm. The former Indiana State Police trooper was arrested in 2000 and twice convicted for the brutal slayings of his wife and two young children.

Uliana and her mentor, Bloomington attorney Katharine “Kitty” Liell, became familiar with the case by chatting with Camm’s first attorney, Mike McDaniel. After the trial ended in a guilty verdict, Camm’s relatives approached Uliana and Liell for help.

That began Uliana’s 11-year commitment to a defense that would include two reversals, changing theories of the crime and two additional long and brutal trials. Uliana worked on the appeals and second trial with Liell. For the third trial, she worked with Indianapolis attorney Richard Kammen.

Camm was tried three times for the murder of his family before a jury in Boone County acquitted him in October. When the not guilty verdict was read, the defense table was overwhelmed while Stanley Levco, the special prosecutor appointed for the third trial, was devastated and certain he would forever be known as “the guy who lost the Camm trial.”

Watching the closing arguments, Liell saw Uliana speak to the jury for one-and-a-half hours, summarizing evidence, cutting through the red herrings and appealing to the jurors’ common sense.

Like Uliana, Liell maintained Camm did not commit or have any involvement with the murders. She is not surprised that he was arrested, charged and sent to prison, nor does she believe he is the only wrongfully convicted individual serving time.

“I think there are more innocent people in prison than we would ever care to think about,” Liell said.

The third trial turned on forensic science and the testimony of convicted felon Charles Boney.

When she started the case, Uliana, who holds a bachelor’s degree in chemistry, saw problems with the evidence. Part of her focus on the defense team was to separate the real science from what she called the junk science.

“If you look at the entire case, it is so clear he did not do it,” Uliana said of Camm. “And not one piece of evidence that has surfaced since the first three days when Dave got arrested, not one piece of evidence has shown guilt rather then innocence.”

In fact, Uliana said, the defense discovered Boney, whose DNA was later identified at the crime scene, and exposed the state’s key expert, Robert Stites as, in her words, “a complete fraud.” He had, she said, never been to a crime scene, never testified before a jury and had little background in science.

Levco concedes that with hindsight, the state could have waited instead of charging Camm three days after the murders and should not have relied on Stites.

The defense contended Boney was responsible for the Camm murders and, Uliana said, during the third trial, the jury was able to see the type of person Boney really was and that he was playing games.

On the stand at the third trial, jurors saw Boney making hand gestures which Uliana said were to convey to Camm that he did murder his family. Also, the jurors saw Boney continually staring and nodding at Camm as if, Uliana said, taunting Camm.

Ten hours after getting the case, the Boone County jury had reached a verdict. Uliana was at home, starting to sort through a pile of household papers that had gotten put aside during the 11-week trial.

After the guilty verdict in the second trial, Uliana said she needed a couple of months before she could make the decision to continue helping defend Camm. Turning it over to the Boone County jury, she said the third trial was fairer. The defense felt they had done everything they could to win.

Levco credited the defense team for their work in the courtroom.

“They were really well prepared as any defense attorneys I ever saw,” he said. “I didn’t see them miss anything.”

The verdict and her conversations with the jurors afterward led Uliana to believe the third jury may now view the criminal justice system differently after the Camm case. They may see the system is not always right or just and much comes down to hoping the people in power are right or they can see when they are wrong.

Telling their stories

Uliana’s office is on the second floor of a massive brick building next to the railroad tracks in the tiny hamlet of Bargersville. Up the stairs and down at the end of the hall is her workspace, brightly lit and decorated with her children’s crayon-colored artwork on the walls.

She peers at visitors through plastic-framed glasses, holds her hands in her lap and turns her head to look out the window when she finishes answering a question. She is relaxed and smiles easily.

Uliana does not consider her approach to defense as pushing back against the state or “getting ’em.” Rather she wants to give a voice to the other side.

“I see it as everything in gray,” she said. “Nothing is really black and white. Well, sometimes it’s black and white … but most of the time it’s gray, and the defendant always has a story and they just need someone to tell it.”

She remembered one client who came to her after he had been convicted and sentenced. He had a criminal record and a reputation from a courtroom outburst where he had yelled and cursed at the judge.

Uliana braced for what she expected would be a difficult client. She fought on what she thought was a good search-and-seizure issue but she lost. Her client, to her surprise, was grateful for her hard work.

“It made me understand what our role is,” Uliana said. “You’re not always going to win. Your clients most of time are not innocent, but there is a story and they do have something that needs to be heard.”•

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  • cool article
    hey this is a neat story and the kind of stuff I like to read. I am really impressed with trial lawyers who can stick with a case that long. With all the phony murder dramas cluttering up the television its good to be informed about pertinent details of real cases

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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