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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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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