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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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