Court overturns David Camm's conviction and grants new trial
By Janelle MacDonald - bio | email
Posted by Charles Gazaway - email
NEW ALBANY, IN (WAVE) - The Indiana Supreme Court has thrown out the murder convictions for David Camm involving the deaths of his wife and two children. The court says the judge in Camm's second trial improperly allowed prosecutors to raise the prospect that Camm molested his daughter despite not presenting evidence of that.
It has been almost nine years since Kim, Brad and Jill Camm were found murdered in the garage of the Georgetown, Indiana home on Spetember 28, 2000. While it seems like we have been here before what remains to be seem is whether David Camm will be back where we have seen him twice before - facing trail for the deaths of his wife and children. It's possible that the families on both sides will have to go through another trial.
"We visited with the Renns today and they're devastated," said Nick Stein, the attorney for Kimberly Camm's family.
The Supreme Court's ruling caught both Kim Camm's family and Floyd County prosecutors by surprise.
"Clearly, I'm not in agreement with their opinion and I think the Supreme Court got it wrong," said Keith Henderson, the Floyd County prosecutor.
Henderson said he will ask for a rehearing before the state's high court. Only after that will he make a decision on if David Camm will face a third trial. "The restrictions that the court has put upon the state, the evidence they've taken away from the state, to decide whether we still have evidence in this case to present."
According to Henderson, the evidence available and the amount of time that has passed since the murders will be factors in deciding about another trial. The cost of a new trial will likely not.
"We can't afford to let a triple murderer walk the streets of this community in exchange for money," said Henderson.
"Someone daughter and grandchildren are murdered and what better could you spend your money on than to get to the bottom of this, get it right," said Stein.
Stein says Kim Camm's family still believes David Camm is responsible for the murders and are hopeful for a retrial, as difficult as that may be. "It's been nine years and I know these people very well and I've lived it with them, I've sat through three trials with them and it's just hard."
Prosecutors have 30 days to decide if they will ask for a rehearing by the Supreme Court. If it does go back to court, it will go back to Warrick County, the court that had venue in the last trial. Although his conviction has been overturned, Camm will remain in custody until the appeals process is done. Katherine Liell, Camm's lead counsel, tells WAVE 3 that Camm will be moved in the next few days from the Indiana State Prison in Michigan City to a jail somewhere in southern Indiana.
If there is a third trial, because the convictions and appeals of Charles Boney have already gone through, Boney does not have a 5th Amendment right against self-incrimination. He could be called to testify by either side.
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