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Attorneys ask justices to release Camm while awaiting retrial

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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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  1. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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  3. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  4. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

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