RESUME
RICHARD
KAMMEN
Gilroy, Kammen & Hill
One Indiana Square #150
Indianapolis, Indiana 46204
(317) 236-0400
richard@kammenlaw.com
CURRENT
EMPLOYMENT
Gilroy, Kammen & Hill
One Indiana Square
Suite 150
Indianapolis, Indiana, 46204
Telephone: (317) 236-0400
Facsimile: (317) 236-0404
EDUCATIONAL
BACKGROUND
Ripon College, 1968, A.B.
(Cum
Laude)
Political Science and Economics
New York University School of Law, 1971, J.D.
MILITARY
BACKROUND
United States Army (res.)
1968-1972 Military Police Corps
Rank at Discharge, Captain
PROFESSIONAL
BACKGROUND
ADMITTED: Indiana Supreme Court, 1971
United States District Court for the Southern
District of Indiana, 197l
United States District Court for the Northern
District of Indiana, 1975
The United States Supreme Court, 1975
The Seventh Circuit Court of Appeals, 1976
The Ninth Circuit Court of Appeals, 1992
The Sixth Circuit Court of Appeals, 1998
United
States District Courts
District of Alaska, 1990
Eastern District of Michigan, 1994
Eastern District of Iowa 1996
Middle District of Tennessee 1997
Western District of Pennsylvania 2000
Eastern District of Wisconsin 2002
District of Nevada 2003
Pro hac
vice admissions: Florida, Illinois
and Ohio, District of Massachusetts, District of Vermont,
District of Iowa
I have
represented clients before the United States Grand Jury for
the Eastern District of Virginia, Alexandria, Virginia and
the United States Grand Jury for the Eastern District of
Michigan, Detroit, Michigan.
Professional Associations and
Offices
Indianapolis Bar Association
1971:
Chairman Young Lawyers Section, 1978
Member of Board of Managers, 1979, 1980
Vice President, 1981
Member of the Long Range Planning Committee, 1987 Chairman
Criminal Justice Section; 1985
Appointed Member of Indianapolis Municipal Court Nominating
Commission, 1983 - 1985.
Long Range Planning Committee, 1986-87
Judicial Evaluations Committee, 1989-90
Court Study Commission 1990
Indiana
State Bar Association 1971-present
Chairman of the Criminal Justice Section, 1983
During
this administration the House of Delegates of the Indiana
Bar Association passed proposed standards for the
appointment of counsel in death penalty cases upon the
recommendation of the Criminal Justice Section.
American Bar Association
1972-present
Member of the Criminal Justice Section.]
Member, White Collar Crime Section
National Association of Criminal Defense Lawyers,
1978-present
(Life Member)
Continuing Legal Education Committee
Chair CJA Funding Crisis Task Force
Chair CLE Committee, 1996
Co-Chair, Indigent Defense Committee. 1997
Elected to the Board of Directors, 1996
Elected to a Second Term, 1999
Indiana Association of Criminal Defense Lawyers
1987-present
Treasurer 1987-1989
First Amendment Lawyers Association 1981-present
BOARD
APPOINTMENTS AND AWARDS
Indiana State Bar Association,
Pro Bono Award 1986
Appointed by Governor Evan Bayh to the Indiana Public
Defenders Commission 1989 Re-appointed, 1991
Appointed as a Member of the Federal Panel Defender
Advisory Committee, 1989
Appointed to the Board of the Marion County Public Defender
Agency, 1998
Named to the American Board of Criminal Lawyers, 1990
Named as one of the Best Lawyers in
America,
1985-present Published by Woodward/White
Named as an Indiana “Super Lawyer” 2003-Present
TEACHING
ASSIGNMENTS (PARTIAL)
- course in Trial Advocacy
- Adjunct Professor of Law, Indiana University School of Law Indianapolis, 1999-present, I teach a 3-hour course entitled “The Law of the Death Penalty”
3. Faculty Member National College of Criminal Defense,
Houston, Texas, 1982-83, San Diego, California, 1984, Macon, Georgia, 1985 - Present
4. Faculty Member and Lecturer "Voir Dire Techniques" seminar sponsored by National Association of Criminal Defense Lawyers Denver, Colorado, 1983
5. Faculty Member and Speaker, Trial Advocacy Workshop, The Kentucky Department of Public Advocacy, 1987, 1992, 1994, 1995, 1996
6. Faculty Member and Lecturer "Death Penalty Defense" sponsored by the National Association of Criminal Defense Lawyers, Indianapolis, Indiana, 1983.
7. Faculty Member and/or Speaker on the following programs sponsored by the Indiana Public Defender Council:
a. Death Penalty Defense - 1981/1986, 1992, 1994 1995, 1997, 1999 2001, 2003, 2005.
b. Cross Examination - 1984, 1994, 1998, 2003
c. Jury Selection Techniques 1983/1985, 1996, 1999,2006
d. Trial Advocacy - 1981-1983, 1986, 1989, 1995, 1999-2004
7. Speaker at the following Indiana Continuing Legal Education Forum seminars:
a. Traffic case defenses
b. "The New Drunk Driving Law - Two Years Later"
c. The New Indiana Criminal Procedure Code (1983)
d. The Problems in the Defense of Child Molesting Cases.
e. Practice Under the Federal Sentencing Guidelines
f. Defending Business Crimes
8. Speaker Cook County, Illinois Public Defender Office Voir Dire;
9. Speaker The Tennessee Association of Criminal Defense Lawyers, December 1987 "Defending Serious Crimes"
10. Speaker The Kentucky Association of Criminal Defense Lawyers, December 1988. "Voir Dire", "Defending First Amendment Cases" "The Federal Sentencing Guidelines"
11. Speaker The New Mexico Public Defender Office, June, 1989 "Cross Examination of Difficult Witnesses Including Children, Police Officers and Informants"
12. Participant "Train the Trainers" A Workshop For Trainers in the Federal Sentencing Guidelines, Sponsored by the United States Sentencing Guidelines Commission, April, 1989
13. Speaker Recent Developments in Criminal Law. The Indiana Judicial Conference, 1989
14. Speaker, Voir Dire in Death Penalty Cases, Jackson, Mississippi, Mississippi Death Penalty Resource Center, 1989
15. Speaker, Defending Death Penalty Cases, Chicago Illinois, National Coalition Against the Death Penalty
16. Speaker, The Long Term Health Care Industry and Criminal Investigations. Indianapolis, Indiana, Indiana Health Care Association, 1990
17. Speaker, Effective Jury Selection in Criminal Cases, Kansas City Missouri, Missouri Association of Criminal Defense Lawyers, 1990
18. Speaker, Effective Jury Selection in Criminal Cases, Defending Child Sex Abuse Cases, Wichita Ka., Kansas Association of Criminal Defense Lawyers, 1990
19. Speaker, Defending Death Penalty Cases, Voir Dire in Death Penalty Cases, National Association of Criminal Defense Lawyers Seminar on Death Penalty Cases, Chicago, Illinois, 1990
20. Speaker, Presenting the Integrated Defense in Criminal Cases, Alaska Academy of Trial Lawyers, Valdez Alaska, 1990
21. Speaker, Cross Examination of Informants. National Organization for the Legalization of Marijuana, Chicago, Illinois, 1991
23. Speaker, Mitigation in Capital Cases, Tennessee Association of Criminal Defense Lawyers, 2005
24. Speaker, Direct Examination in the Serious Criminal Case. Criminal Defense Attorneys of Michigan, 2005, 2006
25. Faculty Member Trial Lawyers College Death Penalty Seminar, Dubois, Wyoming, 2002-present
PUBLICATIONS
Defending The Habitual Traffic Offender, Indiana Continuing Legal Education Forum, 1982;
Defending Felony Drunk Driving Cases, Indiana Continuing Legal Education Forum, 1985
Downward Departures under the Federal Sentencing Guidelines Indiana Continuing Legal Education Forum, 1989
Final Arguments In Death Penalty Cases, National Association of Criminal Defense Lawyers, 1983
Jury Selection Techniques In Death Penalty Cases, National Association of Criminal Defense Lawyers, 1983
Individual Sequestered Voir Dire In The Defense Of First Amendment Cases, First Amendment Lawyers Association Seminar, New Orleans, Louisiana, 1984
Presentation and written material, First Amendment Lawyers Association Seminar, "The Indianapolis Anti-Pornography Ordinance" January, 1985
PROFESSIONAL PRACTICE
Public Defender, Marion County Criminal Courts, 1972 - 1975, 1977 - 1979.
Practice concentrated in the areas of criminal defense and constitutional law.
SIGNIFICANT CASES (Partial)
1. Sappenfield v. Indiana, United States Supreme Court, Argued October 1988. Decided as Ft. Wayne Books v. Indiana.
2. United States v. Brett Kimberlin, 1981 United States District Court, Southern District of Indiana (With Michael Pritzker) Hung Jury on Speedway Bombing accusations. Defendant later convicted with other counsel.
3. State of Indiana v. Ed Robert Anderson, Boone Superior Court, 1981. Defendant acquitted of two counts of capital murder.
4. United States v. Danny White, 1987 United States District Court, Southern District of Indiana, Bankruptcy Fraud Accusations. Defendant sentenced to probation.
5. State of Indiana v. Charles Smith, 1991 Allen County Superior Court, Defendant charged with Murder, received a death sentence on first trial with other counsel, defendant on death row, awarded a new trial. Acquitted.
6. State of Indiana v. Tyrone Thixton, 1989 defendant acquitted of Murder. Honorable Roy Jones, Judge, Marion Criminal Court, Division Five, said it was the best prepared criminal case tried before him.
7. United States v. Steven Bush, 1991 United States District Court, Southern District of Indiana. Only defendant acquitted by a jury in an eight-defendant drug conspiracy case.
8. United States v. Raymond Cheeley, 1991 United States District Court, District of Alaska. Federal death penalty case, death penalty request dismissed by the District Court, Dismissal affirmed by the Ninth Circuit Court of Appeals.
9. State of Indiana v. Kevin Spore, 1992 Marion County Superior Court. Defendant acquitted of murder. Co- defendant convicted.
10. United States of America v. Reginald Brown. 1992-1995 E.D. Michigan, Federal death penalty case. Defendant charged with four murders. Dismissed by the Government shortly prior to trial after a determination that the defendant was innocent.
11. State of Indiana v. Roland Webber 1997-1999, State Legislator Roland Webber was charged with State Tax Evasion. He was found not guilty after a four day
trial.
12. Unites States v. Joseph Minerd 2000-2002 W.D. of Pennsylvania. Learned Counsel in Federal death penalty case arising from the bombing of a pregnant woman and her three-year old child. Defendant sentenced to life imprisonment.
13. Richard Kammen has been appointed as “learned counsel” in Federal Death Penalty case by Federal District Judges in the following districts:
- Eastern District of Michigan (5 Cases)
- District of Vermont
- Middle District of Tennessee (2 Cases)
- Western District of Tennessee
- District of Iowa
- District of Alaska
- Western District of Pennsylvania
Expert Witness Experience
State of Indiana v. Charles Smith—Testified as an Expert Witness on Ineffective Assistance of Counsel—Conviction Reversed by the Indiana Supreme Court
State of Kentucky v. Charles Bussell-Testified as an Expert Witness on Ineffective Assistance of Counsel, Conviction Reversed by the Trial Court and Affirmed by the Kentucky Supreme Court
Richard Kammen has submitted declarations as an expert witness in Massachusetts, New Hampshire, Illinois, and Indiana on various issues confronting counsel in Capital cases.
References Available Upon Request