NEW ALBANY, IN (WAVE) - The former Indiana State Police trooper charged with killing his wife and children could get out of jail on Monday
A judge may decide to release David Camm on bond during a hearing in Spencer County, Indiana as Camm waits for his third trial.
"We have asked for him to be released because of the delay," Camm's attorney, Stacy Uliana, said.
The delay that Uliana said deserves bond, is the one caused by former prosecutor Keith Henderson.
Uliana is referring to the book deal that Henderson originally planned to be a part of, until the Indiana Court of Appeals ruled it was a conflict of interest.
"David spent two years incarcerated while we had to fight to get prosecutor Henderson off this case," Uliana said.
David Camm's Uncle, Sam Lockhart, said his nephew, who is charged with killing his wife Kim and children Brad and Jill, is not a flight risk.
Lockhart said David Camm has already proven he can be out on bond with no problems.
He did it in 2005 when he was out on $20,000 bond and stayed with Lockhart for three months wearing an electronic ankle bracelet.
"Anytime he would leave my house or work, he would make a phone call and say, 'I'm leaving this destination heading for this other destination,'" Lockhart remembered. "And everything was perfect and he had absolutely zero violations."
Special Prosecutor Stan Levco did not want to reveal what his argument will be for keeping David Camm behind bars. Levco agrees with Janice Renn, Kim Camm's mother, that there is not a high likelihood that David Camm will get out.
Still, in this case, Levco says he has seen it all.
"I've tried a lot of cases and handled a lot of murder cases and I've never had a case like this in terms of complexity and how much there is to it," he said. "There are literally 30 volumes of transcripts of previous trials."
Uliana said she is a little concerned about David Camm's security if he makes bond, but said it is a chance worth taking.
Lockhart agreed and said of David Camm's wish to get out on bond, "He's hopeful, but we've learned not to build our hopes up because we're always let down."
Uliana said there is a possibility the bond issue will not come up Monday.
Camm's third trial is set for sometime in August of 2013. An exact date could also be set next week.
Floyd County Prosecutor Keith Henderson will still be involved in the trial as a consultant.
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