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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. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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