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Supreme Court orders third murder trial

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State justices have overturned the murder convictions and ordered a third trial for a former state trooper accused of killing his wife and two young children in Southern Indiana almost a decade ago.

In a 4-1 decision today in David R. Camm v. State of Indiana, No. 87S00-0612-CR-499, a majority of justices found two reversible errors by the Warrick Superior judge who handled the murder retrial in 2006, in that he allowed the prosecution to use speculative evidence and out-of-court statements in proving its case. But finding sufficient evidence to support the three murder convictions, the justices have ordered a new trial in the high-profile case dating back to 2000.

The case involves the shooting deaths of David Camm's wife and their two children, ages 5 and 7, in their Georgetown home. Camm was first charged and convicted of murder by a Floyd Circuit Court jury in 2002, but the state's intermediate appellate court in 2004 overturned those convictions on grounds that the case was prejudiced by prosecutorial evidence regarding Camm's character. On retrial, the case was transferred to Warrick Superior Court and Camm was convicted three years ago and sentenced to life in prison without parole.

In its decision today, justices determined that Warrick Superior Judge Robert Aylsworth shouldn't have allowed prosecutors to raise the prospect that Camm had molested his young daughter, since no evidence was presented to connect the father to the molestation. Justices also took issue with the trial judge's allowance of statements that the defendant's wife had made to a friend regarding the time she expected Camm to be home on the night of the murders.

The court also addressed several other issues that may come up in another retrial, such as statements by a co-conspirator who's since been convicted; opinion testimony about bloodstain patterns at the murder scene; and a courtroom demonstration by a state expert witness.

Chief Justice Randall T. Shepard was the lone dissenter in this case, saying the majority hasn't considered the full scope of the "mountainous" evidence in this case and the appellate courts have too quickly glossed over his confessions of guilt and how 24 jurors have all credited the testimony and found him guilty.

"The system of justice seeks to provide a fair trial, but there is no entitlement to a perfect trial," he wrote. "I think the two reversals entered by the appellate courts in this case have unnecessarily sanitized the evidence against David Camm."

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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