Hearing underway to determine if Floyd Co. prosecutor in Camm ca - WDRB 41 Louisville News

Hearing underway to determine if Floyd Co. prosecutor in Camm case will be disciplined for ethics violations

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Floyd County Prosecutor Keith Henderson Floyd County Prosecutor Keith Henderson

NEW ALBANY, Ind. (WDRB) -- A disciplinary hearing is now underway for Floyd County Prosecutor Keith Henderson. 

The allegations against Henderson stem from his handling of the David Camm case, which dates back to Sept. 2000. Camm was accused of murdering his wife, Kim, and children, Brad and Jill. Camm was convicted of the murders in 2002, but that conviction was reversed by the Indiana Court of Appeals.

In 2006, Camm and an alleged co-defendant, Charles Boney, were both convicted of the murders in separate trials. The Indiana Court of Appeals again reversed Camm's convictions in 2009, and in 2013, a jury acquitted Camm of all charges.

In a complaint filed in March of 2015, the Indiana Supreme Court Disciplinary Commission accused Henderson of "professional misconduct" for allegedly violating portions of the Indiana Rules of Professional Conduct when he secured a deal to write a true-crime book about the Camm case after Camm's second trial, while the case was still in the appeals process. 

The complaint also alleges that Henderson violated ethics rules when he used Floyd County funds to pay the fees of the attorneys who defended him in connection with the ethics investigation.

The commission asked the Indiana Supreme Court to discipline Henderson, "as warranted for professional misconduct" and to order him to pay court expenses.

On the stand today, Henderson was questioned about his book, "Sacred Trust: Deadly Betrayal," a nearly completed manuscript on the Camm case.

David Hughes, the attorney for the ethics commission, says Henderson had the nearly completed manuscript about a week before Camm's second case was reversed. 

Henderson's attorney, Donald Lundberg, says there was never a book contract during the Camm trial, only a literary agreement that did not commit Henderson to writing the book. 

Henderson was then confronted about a July 2009 email to a publisher where he says: "I am committed to writing this book."

Lundberg says Henderson did receive a $1,700 advance on the book, but returned it. 

Under questioning on the stand, Henderson admitted to working on the book at home, and Hughes responded by saying writing a book wasn't part of job as prosecutor. Henderson says he has never even read the manuscript, which was essentially written by another person. Henderson says that person received no monetary compensation. 

Hughes' contention that Henderson's book is not part of his job calls into question whether he should have billed the county for his defense.

"To say that I'm not a prosecutor at home is an incorrect statement," Henderson answered. 

Next on the stand was Charles Frieberger, a middle school teacher and Floyd County commissioner for 15 years, takes the stand. Frieberger testified that Richard Fox, an attorney for commissioners and Henderson's relative, spoke with commissioners in 2011 about Camm case. 

At that time, the commissioners authorized $10,000 payment related to Henderson's continued involvement in Camm case. Frieberger testified that late in 2011, the commissioners came under fire over allegations that additional funds - more that the $10,000 - were dispersed.

Frieberger says the commissioners later learned that the Attorney General's office was supposed to pay for Henderson's involvement in Camm, and the commissioners eventually asked that the money be returned.

Sam Lockhart, David Camm's uncle and the man who bankrolled his defense, was in the courtroom during Monday's proceedings. 

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