Convicted Triple Murderer Asks For Reversal
Attorneys for a former Indiana state trooper found guilty of murdering his wife and two children have asked a judge to reverse the conviction based on errors made during the trial.
The motion, filed Monday in Warrick Superior Court, argues that Judge Robert Aylsworth should not have allowed prosecutors to argue that David Camm killed his family to hide that he molested his 5-year-old daughter.
"There is more than reasonable probability that the jury was prejudiced by this information," the motion reads. The motion also cites statements the jury foreman made at a news conference that the molestation helped convince him of Camm's guilt. Camm was never charged with child molesting.
Jurors convicted Camm, 42, of murdering his wife, Kimberly, 35, and their two children in the garage of their home 15 miles outside Louisville, Ky., on Sept. 28, 2000.
A different jury convicted him of the murders in 2002. He was serving a 195-year prison sentence when the Indiana Court of Appeals overturned the verdict in August 2004, ruling that testimony about Camm's extramarital affairs had unfairly biased jurors.
After his second trial that lasted eight weeks, Camm was sentenced in March to life in prison.
Indiana University law professor Henry Karlson said Camm's second conviction will likely be overturned.
"There could very well be sufficient grounds for reversal based on what I know about the molestation issue," said Karlson, who has lectured on the Camm case.
Floyd County Prosecutor Keith Henderson disagreed, saying "it was a clean trial" and the conviction won't be overturned. He has 20 days to respond to the motion to dismiss errors.
A separate jury in January convicted a second man, Charles Boney, 36, in the triple-slaying. Camm's attorneys at the time said Boney's role in the murders would be central to their appeal.
Katharine Liell, Camm's lead defense attorney, said a Monday U.S. Supreme Court ruling could also affect the case.
The court ruled 9-0 that states cannot restrict efforts by defendants in death-penalty cases to blame someone else during their trials.
"It's every defense lawyer's dream come true," Liell said. "I'm not sure we can raise it in the trial court or if we'd even want to. But we're considering our options."