ILNews

Attorneys ask justices to release Camm while awaiting retrial

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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

ADVERTISEMENT