Prosecutor Comments on David Camm’s Request for Appointment of Third Judge

On Tuesday, June 8, 2010, defendant David Camm asked the Indiana Supreme Court to remove Warrick Superior Court 2 Judge Robert Aylsworth as the presiding judge in this case, stating that he has not made a ruling within 30 days.

The following are partial comments by Floyd County Prosecutor Keith Henderson:

“This is not about any prejudice towards the defendant; this is about the defense forum shopping–their goal is to choose the judge. They clearly wanted Judge Aylsworth off this case. They want to choose the prosecutor; there’s a pending motion to remove the prosecutor in this case; and they want to choose the county where the case is heard.”

“This is a technical court rule that is almost never cited, and when it is enforced, it tends to be used mostly in civil cases where rulings have been delayed for months to several years, not for three days over the 30 day limit. We have many cases in each of our courts in Floyd County where a 30 day limit may have been exceeded. This is not general practice; better practice would have been for the defense to make a call to the judge to ask for his ruling. Attorneys generally do not ask for judges to come off of cases because the trial process has to begin again with a new judge. This action represents a further legal delay, which always works against the best interests of justice.”

“In 2006, the defense agreed to having Judge Aylsworth and agreed to having Warrick County as the venue. When Judge Aylsworth granted bond for David Camm after he was formally charged for the second time, the defense stated: ‘We have a fair judge in a fair county.’ At present time, the defense is not happy with the venue because the defendant was convicted in Warrick County with this judge and this prosecutor, and I believe that’s what this is about.”

“This is not about the judge being unfair. It was a sacrifice for Judge Aylsworth, his staff, and the people of Warrick County to serve as an alternate venue for this trial. They performed a service for the people of Floyd County.”

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