Published: July 01, 2009 12:18 pm      

What's next for David Camm?

Case may not be remanded to trial court until fall

After two trials and two convictions overturned on appeals, David Camm’s attorneys say they expect his case will go before a jury for a third time.

Floyd County Prosecutor Keith Henderson said at a press conference Friday that he has not decided whether he will try the case again.

In 2006, Camm was convicted of killing his wife, Kimberly, 35, and their children, Bradley, 7, and Jill, 5, at their Georgetown home in 2000. Last week in a 4-1 decision, the Indiana Supreme Court reversed the decision, stating that the prosecution’s argument that Camm molested his daughter and killed his family to cover that up, and hearsay testimony about when Camm was supposed to arrive home should not have been allowed at trial.

Henderson and the office of the attorney general, which handled the appeals process, will ask for a rehearing from the Supreme Court. They have 30 days to file a request, and the defense has 20 days to respond.

It could take another month or two before the Supreme Court decides whether to hear the case again, said Stacy Uliana, an attorney for Camm.

The case will then be remanded to Warrick County, and Henderson will decide whether to file new charges. If and when a decision is made, the defense will file motions to change venue and reduce bond.

“Nothing is going to happen probably until the fall,” Uliana said.



Location for a third trial

Camm’s attorneys are concerned about all the media publicity the case has received. That means a third trial could take place in Northern Indiana.

“I believe we have to get as far away from the media attention as possible. Alaska would be nice,” Uliana said jokingly.

Katharine Liell, another attorney for Camm, said another option is to bring jurors from another part of the state to Warrick County and hold the trial there again.

She said they will look into how much media coverage the case received in places such as Indianapolis and Northern Indiana cities.

“I think there needs to be a little bit more investigation as to how much [the case] has permeated throughout the state,” Liell said.

The murders have been the subject of national coverage — both filmed and written — and attracted the attention of CBS’ “48 Hours” program.

A defense motion to change venue was rejected before Camm’s first trial. Prior to the second trial, the defense filed a motion to change venue and the prosecution did not oppose. The two sides agreed upon Warrick County.

If they cannot agree on a location this time, Uliana said a judge will likely choose three counties and the prosecution and defense will each get to strike one county, leaving one remaining.

Erynn McInnis, a spokeswoman for the prosecutor’s office, said it is too early along in the process to think about a possible venue.

“Those are questions no one has the answer to yet,” she said.

Nick Stein, an attorney representing Kimberly’s family, said the family is still on a “state of shock” that the case has dragged on for so long. Despite the stress, Stein said they are willing to travel the extra distance for a fair trial that would withstand Supreme Court scrutiny.

“I would suspect they don’t mind that much [where a third trial would be located],” Stein said. “What they want first and foremost is another trial that would be considered fair.”



Possible changes with third trial

New scientific discoveries in the past three years could uncover new evidence. Liell referenced “touch DNA” — a relatively new method of analyzing skin cells left behind when a suspect touches a victim or other crime scene evidence.

Liell said that all of Camm’s defense costs for the past two trials and the appeals procedures have been paid for privately. Now, Camm is indigent, and the state will have to pay for Camm’s defense in the third trial.

Liell and Uliana continue to represent Camm in the immediate future, but have not decided whether to go through another trial.

“We have to look at the time, money and emotional cost,” Liell said.