Supreme Court gets Camm appeal Thursday

By TARA HETTINGER
Tara.Hettinger@newsandtribune.com

May 21, 2008 09:36 pm

— David Camm’s appeal on his second murder conviction will be heard before the Indiana Supreme Court on Thursday in Indianapolis in the form of an oral argument.
One of Camm’s attorneys, Katharine Liell, said she’s asking the court for either Camm’s release because of errors and insufficient evidence in the trial or for a new trial to be granted. She said if the court believes insufficient evidence was presented at trial, then Camm would be released and would not be subject to a third trial because of the double-jeopardy provision.
Camm’s team of attorneys will have 20 minutes to argue its case five justices in Indianapolis. The state also will receive the same allotted time.
Camm was convicted in 2002 for murdering his wife, Kimberly, 35, and two children, Bradley, 7, and Jill, 5. The three were killed at their Georgetown home in 2000. However, that ruling was overturned, because of character evidence being brought into the trial.
Camm was again convicted at a second trial for three counts of murder and sentenced to life in prison without parole.
Liell says that conviction should be reversed because another man, Charles Boney, was found guilty of the same crime and no connection between the two has been proven.
“Common sense tells us that if someone else admitted to doing it, the jury needs to hear that. That’s the bottom line,” Liell said.
Jurors convicted Boney in 2006 on three counts of murder and he is serving a 225-year sentence.
The press secretary from the Attorney General’s Office said comments are being withheld until after Thursday’s oral arguments. However, she did say, “We are working hard to uphold David Camm’s conviction and sentence.”
Liell said she anticipates the court taking about nine months to reach a decision.
“Justice has been a long time in coming,” she said. “We’re ready to wait as long as it takes to see this corrected.”

What’s an oral argument?
• Public Supreme Court proceedings are called oral arguments. Those provide the justices with the opportunity to ask attorneys questions about the case. Usually, oral arguments last 40 minutes to an hour.

What’s next after that?
• After an oral argument, the justices meet in a private conference to take another vote on the outcome of each case. One of the justices in the majority is assigned to draft the opinion. Once an opinion is drafted, it is sent to the justices. Each justice votes on the draft. He or she may agree or disagree with the opinion. A justice may choose to write a separate concurring or dissenting opinion. The completed opinion is placed on the court’s Web site and the clerk notifies the attorneys of the outcome in the case. The court’s opinions then establish precedent that the Indiana appellate and trial courts are required to follow.
— www.in.gov/judiciary

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