Dad headed for 3rd trial for murder of wife, two children (Jeffersonville, Indiana)

Dad DAVID CAMM has been convicted twice before for the murders of his wife and two children, but he's managed to have both convictions overturned. Let's see what happens with trial number three. It seems Daddy Dearest was a child molester, and it is felt that this fact biased the jury in trial number two.

http://www.leagle.com/unsecure/news.do?feed=yellowbrix&storyid=138548744

David Camm headed for a third trial: Victims' family ready for another trial, they say

The Evening News and The Tribune December 4, 2009
By Matt Thacker, The Evening News and the Tribune, Jeffersonville, Ind.

Dec. 4--The State of Indiana will try David Camm a third time for the murders of his wife and two children, Floyd County Prosecutor Keith Henderson announced Thursday.

"I still believe there is enough evidence that we can still be successful," Henderson said at a press conference.

Camm, the 45-year-old former Indiana State Police trooper, has twice been convicted of murdering Kimberly, 35, Bradley, 7, and Jill, 5, in September 2000 at their home in Georgetown. The Indiana Court of Appeals overturned the first conviction based on the inclusion of testimony of Camm's extramarital affairs and that the testimony prejudiced the jury.

A jury in Warrick County then found Camm guilty in 2006 during a second trial. That conviction was overturned in a 4-1 Supreme Court decision June 26 because of statements from the prosecutor that Camm had molested his daughter. The court voted 3-2 Monday to deny Indiana Attorney General Greg Zoeller's request for a rehearing on that appeal.

Camm would have walked home a free man if Henderson chose not to prosecute.

"I would only do that if I believed there was a greater than not chance of an acquittal, and I don't believe that," Henderson said.

Henderson admits the "biggest obstacle in the case" will be establishing a motive without being allowed to mention the alleged child molestation, but he insists there is still enough physical evidence for a conviction.

"The Supreme Court said ... and I'll paraphrase, there's ample evidence outside of the child molesting evidence for a conviction," Henderson said.

Renn family prepared for third trial

Kim Camm's family also supports a third trial, although it was clear the process has worn on them.

"Every day I have to live with this," said Janice Renn, Kim's mother. "I believe in my heart that David is guilty."

Frank Renn, Kim's father, said it seems like the case will never end.

"I wasn't ready for the first [trial], wasn't ready for the second, but I'll do it every four years if I have to," Frank Renn said.

Henderson said he wishes the Supreme Court would have given more guidance. After consulting with other attorneys and prosecutors, Henderson said there is still no consensus on what exactly the Supreme Court says is allowed at trial.

"Can I not put the condition of the decedents body into evidence?" Henderson asked rhetorically. "Can I not argue in closing what's been put into evidence?"

Henderson has argued that Camm's defense lawyers opened the door to the molestation claims during the trial.

Another key to the case will be Charles Boney, the other man convicted of murder and conspiracy in the Camm case. Boney's appeals have been exhausted and he could be asked to testify against Camm.

Henderson said that will be Boney's decision. Because of Boney's conviction, he no longer has the right against self-incrimination and the judge could hold him in contempt for refusing to testify. However, that likely will not mean much, since Boney is already serving a 225-year sentence.

Boney told newsgathering partner WLKY-TV in Louisville that he would not testify against Camm, although he remains adamant that Camm is guilty.

Prosecutor wants trial in Warrick County

Camm's attorneys have said they will seek a bond reduction that would allow Camm's release, while Henderson says Camm should remain in prison without bond because of pending murder charges.

The two sides also disagree on where the trial should be held. Henderson said he anticipates jurisdiction will remain in Warrick County, which is east of Evansville, while Camm's attorneys want to move the case to Northern Indiana. They say there has been too much media coverage throughout all of Southern Indiana to have a fair trial.