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Attorneys ask justices to release Camm while awaiting retrial

September 6, 2012

Attorneys for David Camm, a former Indiana State Trooper twice convicted of killing his wife and two children, are asking the Indiana Supreme Court to order a special judge to release Camm from his pre-trial detention.

The attorneys, Stacy Uliana and Richard Kammen, filed the verified petition for writ of mandamus Tuesday with the high court. Camm’s family was found murdered in September 2000 and he has been tried twice with their murders. Both convictions have been reversed on appeal. He is facing a third trial scheduled to begin in August 2013.

Camm filed his petition for release from pre-trial incarceration in Warrick County before Special Judge Jon Dartt, who denied the petition July 31. Camm seeks his release based on the Sixth Amendment and Indiana Criminal Rule 4(A). He is asking to be released on his own recognizance or with “reasonable liberty restrictions.”

Except for about a month in January, Camm has been incarcerated since his arrest in October 2000, his attorneys say. They argue that in the 868 days since the Supreme Court reversed his murder convictions for the second time, only 133 days of delay are attributable to him. The remaining delay was related to the time spent litigating a verified petition for special prosecutor. Camm filed that petition, but argues the state created the need for it and caused the delay.

Prosecutor Keith Henderson entered into a book deal to write about the Camm case before the Supreme Court overturned the second conviction. Even though he cancelled the deal, the Court of Appeals ordered in November 2011 that a new prosecutor be appointed. Special prosecutors Stan Levco and Jonathon Parkurst were appointed by the trial court in March.

“This excessive pretrial incarceration has not only impaired Camm’s ability to prepare for trial, but also has affected his ability to live in a meaningful way,” the petition states.

There is no timeline indicating when the Supreme Court will rule on the petition.

 

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