By MATT THACKER
The Indiana Supreme Court decided Monday it will not reconsider its decision to overturn David Camm’s murder conviction, and Floyd County Prosecutor Keith Henderson said a decision whether to take Camm to trial for a third time should come within days.
“We were happy to say the least ... relieved,” Camm’s attorney, Stacy Uliana, said. “This is what we expected, but anything can happen in this case.”
Camm, the 45-year-old former Indiana State Police trooper, remains in prison awaiting the prosecutor’s decision.
Camm has twice been convicted of murdering his wife, Kimberly, 35, and children, Bradley, 7, and Jill, 5, in September 2000 at their home in Georgetown. The first conviction was overturned by the Indiana Court of Appeals. The second was overturned in a 4-1 Supreme Court decision June 26. The court voted 3-2 Monday to deny Indiana Attorney General Greg Zoeller’s request for a rehearing on that appeal.
The Supreme Court found that the jury in the second trial was prejudiced by statements from prosecutors that Camm had molested his daughter and by hearsay testimony from a family friend about when Camm was supposed to be home the night of the murder.
“Generally, the Supreme Court gets things right. This time, they’re just flat wrong. They’re wrong in their interpretation of the law. They’re wrong in their understanding of what happened,” Henderson said.
The state’s appeal has now been exhausted, and Henderson must decide whether or not to again file charges. The prosecutor said there is a real possibility there will be no third trial.
“Anytime evidence is taken away, it becomes more difficult,” Henderson said. “Then we have the issue of time.”
Henderson said the longer a trial takes place after the crime, the more difficult it is for prosecutors in dealing with witnesses. Henderson said his decision on a third trial will be based solely on whether he thinks the state can win the case.
Henderson said he is disappointed the court did not offer more guidance to the trial courts about what is permissible at trial. Uliana said she believes the court was very apparent.
“I think it was pretty clear in the Supreme Court decision what the ruling was,” Uliana said. “They can’t bring in any evidence where they speculate Jill Camm was molested.”
Uliana said the state’s case is “as weak as ever,” but she believes there will be a third trial and is preparing for one.
“This trial is going to be a little different,” she said. “Their case is only as reliable as Charles Boney.”
Boney has said he will not testify against Camm, although he still insists Camm is guilty.
“We would love for [Boney] to testify,” Uliana said.
Boney was tried and convicted as a co-conspirator in the Camm murders after his DNA was found on a sweatshirt at the crime scene. He is serving a 225-year prison sentence.
Warrick County, where the second trial was held, still has jurisdiction. Henderson believes he will be given a few days to make a decision whether to seek a third trial by a judge there.
If charges are not filed, Camm would be a free man. If charges are filed, Camm’s attorneys will seek a bond reduction.
Henderson said he believes Camm should be held without bond if murder charges are filed. Camm was released on bond for a period after his first conviction was overturned.
If there is another trial, Camm’s attorneys will ask for the case to be moved to Northern Indiana because of media exposure throughout Southern Indiana.
It has been estimated that it could cost $1 million for a third trial. Henderson said it could, but shouldn’t cost that much.
Henderson said Camm should be treated like any other indigent inmate and be appointed a public defender through the Floyd County Public Defender’s Office rather than be allowed to hire an attorney with tax money.
Uliana, who is not associated with the Floyd County Public Defender’s Office, has been serving as Camm’s public defender through the appeals process — along with Katherine “Kitty” Liell — and said she does not see why that should change. She argues it would take years for a new attorney to become familiar with the case.
Henderson said he is not worried about whether Floyd County citizens will hold this case or his decision against him at the ballot box.
“The political ramifications mean absolutely nothing to me,” Henderson said regarding his decision. “Ultimately, this is about justice.”
