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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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