NEW ALBANY, IN (WAVE) - In the next few days, we should know if David Camm will face a jury for a third time in the murders of his family. Monday, the Indiana Supreme Court said it would not reconsider its decision from this summer that threw out his conviction.
In all reality, that ruling doesn't come as much of a surprise. Not many people expected the Court to reverse itself, but Keith Henderson, Floyd County's prosecutor, said Monday there was always a chance so he hasn't put a whole lot of time yet into deciding what to do now.
"(Camm) either gets tried or he gets released from prison," said Henderson.
That is the choice facing Henderson. After more than nine years and two trials, should he put David Camm before a jury for a third time for the murders of Kim, Brad and Jill Camm? Monday, he said it comes down to these three questions.
"Where do we stand with witnesses, where do we stand on evidence and where do we stand with the Supreme Court's ruling which now becomes the law of the case," Henderson said.
Essentially, Henderson said it comes down to a question of can the state get a third conviction?
"Clearly if we try a case and the defendant is found not guilty, jeopardy attaches and we can never go back," said Henderson.
Camm's family is hopeful Henderson does not take the case to trial again.
"I would hope and wish that he would do the right thing," said Sam Lockhart, Camm's uncle and most vocal supporter. "Do I expect him to do that? I don't know. I don't have the answer to that."
Lockhart said what he would like is to see the charges dropped and Camm released. He said Camm has, "been in prison for nine years. He had his wife and his children murdered by Charles Boney. It doesn't get any worse than that, having your family being murdered and then being wrongly thrown in prison."
Camm's attorney, Kitty Liell, agreed.
"I don't think Mr. Camm should be tried a third time because he's innocent and if the state couldn't get it right twice and they had to resort to cheating in order to gain a conviction, why should Dave Camm and the taxpayers pay the price for that?" said Liell.
Henderson says he is honestly just not sure what his next move will be, but he doesn't care at all about political ramifications.
"We have to come back to, even after 10 years, why are we here? I simply take a look at the photographs of five year old Jill and seven year old Brad and their mother, Kim, to bring me back to what we're talking about ... This is about justice," said Henderson.
Monday, WAVE 3 News also talked to Nick Stein, the attorney for Kim Camm's family. Stein said Frank and Janice Renn were not surprised with Monday's decision from the state Supreme Court, but they don't agree with it. They believe in the verdict of the two juries that convicted Camm for his family's murders.
"They feel let down by the system on appeal," said Stein. "Where people are second guessing what went on down here. After all the time and effort and money and resources that were devoted to these cases. To be reversed as they were are incomprehensible."
Stein said they hope Henderson will try the case a third time.
"It has to be one of the most horrendous crimes in Floyd County history," Stein said. "How can you not go forward?"
Stay tuned to WAVE 3 News and wave3.com for any decision made on a retrial in this case.