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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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