David Camm is currently in prison for the murder of his wife and two children.
Nine years ago Kimberly Camm and her their two children, 5-year-old Jill and 7-year-old Bradley, were shot to death.
Twice, a jury found David Camm, husband and father, guilty beyond a reasonable doubt that he murdered them and twice, the convictions were tossed out on appeal.
"Generally, the Supreme Court gets things right. This time they're flat wrong," said Floyd County, Indiana Prosecutor Keith Henderson.
Most recently, the Indiana Supreme Court said prosecutors inflamed the jury by arguing that Camm molested his daughter, without evidence.
The trials have been expensive, nine years have passed, and the victim's family says they still don't justice. Considering all of that, Prosecutor Keith Henderson has a major decision on his hands.
"There's not a lot of options. He either gets tried, or released from prison. He goes to trial for a third time or walks out of prison," said Henderson.
For Frank and Janice Renn, Kimberly's parents, this is a major setback, but one they suspected would happen. And though the previous trials have been painful to go through, they say, no matter the cost, justice demands Camm be tried again.
"That two juries in two different counties with two completely different teams of justice on both sides found David guilty twice and so they're really upset. This is a wrong ruling," said Nick Stein, Attorney for Frank and Janice Wren.
"They're not looking forward to the ordeal of another trial, its painful for them, but they're willing to do it and willing to do anything necessary to see that David Camm gets justice."
"The trial will go ahead, I hope. And I feel like there will be a conviction just like there has been the other 2 times," said former prosecutor Stan Faith.
Stan Faith tried Camm the first time and is confident based on evidence that a third trial would bring a third conviction.
"There's a lot of pessimism in this case with a 2nd overturn, but basically the core of the case remains unchanged and if people understand science, they will convict him the next time," said Faith.
But David Camm's family says Charles Boney is the killer, and he's already behind bars. Camm's uncle, Sam Lockhart says, whatever happens, they're in Dave's corner because he's innocent.
"Everyday we deal with this. It's like a nightmare that never ends. I know the pain and the suffering that myself and our family has gone through and also the Renn family, but I have no idea how bad it is for Dave in prison," said Lockhart.
Henderson says he'll announce his decision in the next few days.
For more WHAS11 coverage on the David Camm trial, click here.