NEW ALBANY, IN (WAVE) - David Camm's attorneys have taken steps to get a new judge on the case for his third trial in the murders of his family.
Camm's lawyers filed paperwork early June 8 to have Judge Robert Aylsworth removed from the case.
The defense filed what's called a "verified praecipe." It states Judge Robert Aylsworth has failed to rule within 30 days on the pending motion for a change of venue to move the case out of Warrick County. As of Tuesday, 33 days had passed.
The Warrick County clerk has sent notice to the Indiana Supreme Court that the case has been withdrawn from Judge Aylsworth.
Legal experts tell WAVE 3 that it is now up to the Supreme Court to appoint a special judge in this case.
In November 2009, the Indiana Supreme Court overturned guilty verdicts in Camm's second trial for the September 28, 2000 murders of his wife Kim, and children Brad and Jill in their Georgetown, IN home. Since then, it's been tied up on defense two motions: one for a special prosecutor and one for a change of venue.
Floyd County Prosecutor Keith Henderson says the defense is forum shopping.
"The defense's goal, if you see the pattern, is to chose the judge," he said. "They've clearly wanted Judge Aylsworth off this case. They want to chose the prosecutor, there's a pending motion to remove the prosecutor from the case and they want to chose the county where the case is heard."
However, Stacy Uliana, Camm's lawyer, says while this notice is an extremely rare move, this is an extremely rare case that calls for such moves.
"This motion we filed today is a legitimate means for David Camm, who is presumed innocent and who has been sitting in prison for six months without even one hearing, to move his case along," she said.