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Supreme Court orders special judge for third high-profile trial

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The Indiana Supreme Court has appointed a southern Indiana judge to preside over the third trial of a former state trooper charged with murdering his family a decade ago, and one of the initial decisions he’ll consider is whether to move the trial outside that region.

Granting what is sometimes known as a “lazy judge” motion under Indiana Trial Rule 53.1(F), the state’s highest court issued an order Friday that removes Warrick Superior Judge Robert Aylsworth from the case of David R. Camm, a former Indiana State Police trooper accused of killing his wife and two young children at their home in September 2000. Spencer Circuit Judge Jonathan A. Dartt will now hear the case.

Camm has been convicted twice for the murders, once in Floyd County and again in Warrick County after the trial was moved, but both times those convictions were reversed on appeal. Floyd County Prosecutor Keith Henderson decided late last year after the latest remand that he’d pursue a third trial, and attorneys have been sparring back and forth since then about where to hold the case to ensure a fair trial.

Camm’s defense attorneys had asked the Supreme Court to appoint a special judge after Judge Aylsworth failed to rule on a venue change motion within 30 days, as required by the trial rules. The defense had filed a motion to move the case out of Warrick County to northern Indiana because of media exposure. Judge Aylsworth sent questionnaires to 200 potential jurors to determine how much they knew about the case and whether a fair trial could be held there. Camm had filed a motion in mid-April to seek a new venue. The state objected April 30, Camm filed a response May 6, and then Camm’s defense attorneys filed the special judge request 33 days after that.

Defense attorney Stacy Uliana in Indianapolis couldn’t be immediately reached for comment today, but Floyd County Chief Deputy Prosecutor Steve Owens said a decision had been put on hold for the past month since the special judge request had been filed.

Now, Judge Dartt will be responsible for all hearings in that case, including the venue change motion and likely the third trial no matter where it’s held.

Both sides have disputed what the surveys reveal about the venue location – Henderson said the prosecution could easily select an impartial jury in Warrick County because more than 50 of the 176 who responded had little or no knowledge of the case; while Uliana said at least half responded that they believed Camm is guilty and that means they’re tainted in that part of the state.

Owens doesn’t foresee any change in how the case is handled, but he does expect that the special judge will need to take some time to get up to speed and review Judge Aylsworth’s work before moving ahead. No new court dates had been scheduled as of this afternoon, he said.

“The case is prosecuted the same no matter what county you’re in, what prosecutor or judge you have,” Owens said. “This will have no impact on us, and Judge Dartt knows best about how it may proceed.”
 

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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