By Shannon Davidson
(NEW ALBANY, Ind., August 11th, 2004, 6:30 p.m.) -- Floyd County's prosecutor says he plans to ask the Indiana State Supreme Court to hear David Camm's case after the state court of appeals reversed the murder convictions of the former Indiana state trooper. WAVE 3's Shannon Davidson reports.
On Tuesday, an Indiana Court of Appeals ruled that prosecutors improperly used evidence of Camm's adultery to convince jurors he killed his wife, Kimberly, and their two young children, Jill and Bradley. The three were shot to death in the garage of the family's home in Georgetown the night of September 28, 2000.
With the announcement that Floyd County Prosecutor Keith Henderson plans to file a petition with the Indiana State Supreme Court for it to hear the case, all parties on both sides of the case can do is wait, and since the wheels of justice can turn slowly, it could be months before Indiana's high court has the overturned conviction before it.
The court can decide to take the case and make a decision on the appellant court's ruling, or after hearing the case, it could be sent back to Floyd County. If that happens, Henderson says a re-trial is not a definite, because much of the evidence, like Camm's extra-marital affairs, cannot be included in a new trial.
"Seventy-five percent of the case basically has been taken out from under the state through that opinion," Henderson says. "So we will look at that, we will start in earnest now. We will anticipate having the case back; however, there's a lot of work that needs to be done by the attorney general and a possible review by the Indiana Supreme Court.
Kim Camm's family wasn't on-hand for Henderson's announcement, but we did speak with David Camm's uncle, Sam Lockhart, who says even without a retrial, he hopes prosecutors will look at new evidence. "If Mr. Henderson is willing to open up the case and re-look at some evidence, and hopefully he will hopefully he will look at some evidence that's never been tested."
Henderson says Kim's family knows a new trial would be difficult.
The Floyd County Prosecutor's office has 30 days from August 10 to file Petition of Transfer up to the Indiana Supreme Court. The defense then has 30 days to file its response. After that, the case would be put on the Indiana Supreme Court's timetable. The Attorney General says it could take weeks or even months to get a decision.
Online Reporter: Shannon Davidson