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January 10, 2011

Henderson remains prosecutor in Camm case

Former book deal determined not an actual conflict

SPENCER COUNTY — Floyd County Prosecutor Keith Henderson will be allowed to prosecute David Camm’s third triple-murder case, according to a Friday court ruling.

Also, another ruling filed by Warrick County Special Judge Jonathan Dartt says the court doesn’t require Henderson to turn over a manuscript of the book he was working on about the case.

Camm’s defense requested a special prosecutor because of a book deal Henderson had after Camm’s second guilty verdict was issued. Henderson’s contract for the book was canceled after that conviction was overturned.

Dartt’s ruling that denied a special prosecutor says since the book deal was canceled, the defense didn’t present any evidence to suggest an actual conflict of interest in Henderson’s involvement in the case.

In the ruling requesting a manuscript of Henderson’s book, it says his agent is in possession of it and Henderson stated he had never seen, read or had the book in his possession. Henderson used a co-author for the book.

The ruling further states if the defense should get a copy of the manuscript, it “shall be kept sealed and confidential until further Order of the Court.”

A third trial date has yet to be set for Camm, but the ruling says it will be determined after Camm’s defense decides whether to appeal the court’s decision to keep Henderson as the prosecutor.

Stacy Uliana, an attorney defending Camm, said she intends to appeal the court’s decision keeping Henderson as the prosecutor.

“We’ve already invested a year into Mr. Henderson’s book,” Uliana said. “We’re not going to stop now.”

Uliana said Henderson’s cancellation of his book deal was prompted by the publisher, not Henderson.

“Mr. Henderson tried to keep the book during a third trial,” Uliana said. “The canceling of the book is just a technicality. The bottom line is he sees the third trial as a moneymaker and he’s going to write that book. He’s been compromised.”

Attempts to contact Henderson’s office for comment were made, but no calls were received back as of press time.

Camm will face a third trial for the 2000 murders of his wife, Kimberly, and his two children, Bradley and Jill. The convictions in the two previous trials were overturned based on prosecution arguments regarding Camm’s alleged affairs and alleged molestation of his daughter.

Charles Boney was added as a co-defendant after the Court of Appeals overturned Camm’s first conviction. Boney and Camm were convicted in separate trials and Camm is in prison awaiting his third trial, while Boney is serving a 225 year sentence for conspiracy to commit murder with Camm.

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