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Prosecutor can stay for new Camm trial

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Indiana Lawyer Rehearing

A special judge in Southern Indiana has ruled that the prosecutor who handled the first two triple murder trials of former state trooper David Camm can stay on to handle the third.

On Jan. 7, Special Judge Jon Dartt from Spencer Circuit Court ruled that Floyd County prosecutor Keith Henderson can continue on as the prosecuting attorney in the case against David Camm, a former Indiana state trooper who’s on trial for a third time in the murder of his wife and two young children.

The Indiana Supreme Court overturned his first two convictions, most recently in 2009. That was after Henderson discussed writing a book about the Camm trials, and the prosecutor later said that he pulled out of the book deal once the justices ordered a new trial. But defense attorneys argued it was an ethics violation for Henderson to continue in the case because of that one-time deal.

Special Judge Dartt disagreed and denied the motion for a special prosecutor, saying the book agreement was cancelled after the guilty verdict in the second trial was overturned. The judge also ruled that the defense can attempt to obtain the manuscript from any “non-party” to this case, referencing Henderson’s claims that he does not possess any copies but that the publisher does. The court said that any manuscript the defense might obtain must be kept sealed and confidential unless the court orders otherwise.

Camm’s attorneys said they plan to appeal the decision on the prosecutor change, but no appeal was docketed with the Indiana Court of Appeals at Indiana Lawyer deadline.

Once the case gets to trial, Special Judge Dartt will preside. He decided last summer not to change venue from Warrick County, but jurors will be brought in from outside the county. No date for trial has been set.

Rehearing "Disagreements plague Camm case" IL Sept. 1-14, 2010

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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