|Born||David Ray Camm
March 23, 1964
|Known for||Being tried three times for the murder of his family (two reversed convictions, acquitted after third trial)|
David Camm is a former Indiana State Trooper acquitted after three trials for the murder of his wife and two children at their Georgetown, Indiana home on September 28, 2000. Camm was in custody from October 2000 until his acquittal on October 24, 2013, mostly at the Pendleton Correctional Facility near Indianapolis, except in early 2005 when he was out on bond between his first and second trials.
- 1 Discovery, arrest and charges - autumn 2000
- 2 Trials and appeals
- 2.1 First trial - 2002
- 2.2 First appeal - 2004
- 2.3 Charles Boney - Arrest and charges - spring 2005
- 2.4 Lead-up to simultaneous trials - 2005
- 2.5 Boney's trial - January 10 to January 26, 2006
- 2.6 Second trial - January 17 to March 29, 2006
- 2.7 Second appeal - 2009
- 2.8 Special judge - 2010
- 2.9 Special prosecutor - 2011
- 2.10 Appointment of special prosecutor - 2012
- 2.11 Lead-up to third trial - 2013
- 2.12 Acquittal
- 3 Cost of trials
- 4 Reaction
- 5 References
- 6 External Links
Discovery, arrest and charges - autumn 2000
On the evening of Thursday, September 28, 2000, David Camm's wife Kim and their children, seven-year-old Brad and five-year-old Jill, were discovered shot at their home in Georgetown. The shooting took place in the garage. According to the Indiana Court of Appeals, "Camm’s version of events was that he was playing basketball at a nearby church from 7:00 p.m. until approximately 9:20 p.m., after which he drove home and found Kim, whom he immediately thought was dead, lying on the ground next to her Bronco. He then claimed to have looked inside the vehicle and found Jill and Brad. Camm thought Brad might still be alive, so he reached in over Jill, removed him from the Bronco, placed him on the garage floor next to Kim, and began performing CPR. When this proved futile, Camm said he called the Sellersburg Indiana State Police post for help, then ran across the street to his grandfather’s house to tell his uncle, who was staying there, what had happened. Camm had been a State Police trooper for many years, but had quit the force several months earlier to work for a family business that, among other things, waterproofed basements."
On Sunday, October 1, Camm was arrested by Indiana State Police and charged with three counts of murder. The time of death was thought to be soon after 9:15pm - the probable cause listed 10 points of evidence, including a statement by a witness that between 9:15 p.m. and 9:30 p.m. she heard three distinct sounds that could be interpreted as gunshots.
On October 3, it was reported that a "witness heard three gunshots near the home of former state trooper David Ray Camm minutes after Camm reportedly left a basketball game with his friends, according to a probable-cause affidavit".
Trials and appeals
First trial - 2002
Camm's first trial began on January 14, 2002, in Floyd County with a jury brought in from Johnson County.
The medical examiner estimated the family was killed about 8 p.m.
The prosecution also argued that eight tiny bloodstains on the shirt Camm was wearing on the night of the murder were blood spatter from the shot that killed Jill, while Camm's attorneys argued they were transferred onto his shirt when he checked his children after discovering their bodies.
Eleven witnesses testified that they were in the gym with Camm on the night of the murders from 7 to 9 p.m.
The prosecution claim in opening argument that Camm made a phone call from his house at 7:19 p.m., which would have refuted the alibi witnesses testimony that he was at the gym at that time, was found to be incorrect upon examination of a Verizon employee who testified that due to a software error concerning Indiana's unusual time zones, the call was placed instead at 6:19 p.m., when Camm said he was at home and before he left to play basketball.
The jury found Camm guilty on March 17, 2002, and he was sentenced to 195 years in prison on April 11, 2002.
First appeal - 2004
In August 2004, the Indiana Court of Appeals overturned the conviction. The court cited the trial judge's decision to allow testimony from a dozen women who claimed they had affairs with Camm or had been propositioned by him, which unfairly biased the jury because the prosecutor did not adequately connect those relationships with the murders.
In November 2004, prosecutor Keith Henderson refiled charges against Camm.
Charles Boney - Arrest and charges - spring 2005
In February 2005, Charles Boney was identified as a suspect. Since around 2003, the state and Camm's defense had known that unidentified male DNA had been found on a sweatshirt left at the crime scene. In early 2005, it was run through a national database and was matched to Charles Boney who in 1989, had been convicted of three counts of robbery and one count of attempted robbery in Bloomington, Indiana. In 1993, Boney was sentenced to 20 years for three counts of armed robbery and three counts criminal confinement. He said he was "young ... foolish and ignorant." 
On February 25, 2005, Boney spoke to WAVE 3. Boney stated that it was his sweatshirt, which he had gotten rid of after his release from prison, three months before the murders. "Specifically, what I did with the prison clothes, I sent them to the little drop box at the Salvation Army," he said. Stan Faith said: "It gives the short-term appearance of significance, the long term is that it has no significance unless they tie him to that crime scene."
Boney's estranged wife also talked with WAVE 3. She stated that Boney beat her, threatened her life, and used a stun gun on her as well as stating that "I know he's got an anger problem," she said. "But deep in my heart, I believe he's innocent -- I know he is innocent."
Lead-up to simultaneous trials - 2005
On March 9, 2005, the murder charges against Camm were dropped, but new charges were re-filed, and it was announced that Camm and Boney would be tried together. Both men were charged with three counts of murder and one count of conspiracy to commit murder.
On May 28, 2005, Camm won a ruling from the Indiana Supreme Court to have his retrial moved again to Warrick County, Indiana. The ruling left the door open for Boney's trial to remain in Floyd County. Both trials were scheduled to begin on January 9, 2006.
In September 2005, investigators conducted a days-long search of a Floyd County subdivision lake for the weapon used. The lake is approximately 12 miles from the Camm Georgetown home. No weapon was found.
Boney's trial - January 10 to January 26, 2006
On January 10, opening statements began at Boney's trial.
On January 26, Boney was found guilty of the murders of the Camm family, and conspiracy to commit murder.
Second trial - January 17 to March 29, 2006
On January 17, 2006 in opening arguments at Camm's second trial, Prosecutor Keith Henderson argued that Kim discovered her husband was molesting their daughter, and he killed his family to cover up the crime.
During the trial, Kim's friends testified that she was upset in the weeks before the murder and was planning to take her children on a trip to Florida. The defense countered that there is no evidence tying David to his daughter's injury, and that she was reported happy and not mentioning any pain in a dance class the day of the murder. The defense also argued that Kim did not tell anyone of unhappiness with her husband, and had just finished remodeling their bedroom prior to the murder.
Lynn Scamahorn, a DNA analyst from the Indiana State Police testified that during the first trial former Floyd County Prosecutor Stan Faith threatened her when she wouldn't say she found Camm's DNA on Charles Boney's sweatshirt after conducting more than 300 tests. Prosecutor Steve Owen, now part of the team that replaced Faith in the last election, distanced himself from Faith's alleged comments. When asked what he thought Faith's alleged threats have to do with this trial, he replied: "I don't know. I know that I've never bullied her."
On February 13, after the state rested its case, Judge Robert Aylsworth issued a directed verdict, in effect, dismissing the conspiracy charge. Earlier there was testimony from two doctors who said it was their professional opinion that Jill Camm was sexually molested sometime before she was murdered.
The trial again developed into a "battle of experts". For the prosecution, Robert Stites, Rod Englert, Tom Bevel and Indiana State Police Sgt. Dean Marks testified that the blood droplets on Camm's T-shirt was high velocity impact spatter and could only have been deposited with the defendant being within four feet of his daughter Jill when she was shot to death. For the defence, Paul Kish, Barton Epstein, Paulette Sutton and Stuart H. James suggested that the blood on the shirt could be transfer stains due to Camm coming into contact with his daughter's blood after she was deceased.
The jury found Camm guilty on March 3.
On March 7, at a press conference, jurors explained it was particularly the testimony of Dr. Betty Spivack — a forensic pediatrician with the Kentucky Medical Examiner’s Office — that convinced them not only that Jill had been molested, but that her father was responsible.
After the sentence was read, prosecutor Keith Henderson said he was not worried about an appeal. After two juries convicted Camm and the county spent an unprecedented amount for him to receive the best defense — about $1 million for the two trials — he did not believe a higher court would even hear the case, much less overturn it.
David Camm spoke publicly for the first time in almost four years. “I am innocent. I did not murder my family. I did not molest my little girl. The reality is Charles Boney murdered my family because he is a perverted monster,” Camm said, breaking down in tears before the court.
Second appeal - 2009
In June 2009, the Indiana Supreme Court reversed the second conviction, citing prosecutor Keith Henderson's closing argument comment that Camm had molested his daughter Jill. The court ruled that this unfairly biased the jury because there was no evidence connecting the girl's genital injuries to her father.
On November 30, 2009, the attorney general's request for a rehearing of Camm's appeal was denied.
In December 2009, Prosecutor Keith Henderson refiled charges against Camm.
Special judge - 2010
In July 2010, the Indiana Supreme Court appointed Spencer Circuit Judge Jonathan A. Dartt as a special judge to handle Camm's third trial. Katharine Liell, who had represented Camm since shortly after his first conviction in 2002, withdrew as lead defense attorney because she had become busy with her family and legal practice. Indianapolis defense attorney Richard Kammen replaced her. The Indianapolis Star described Kammen as one of the state's most prominent death penalty case lawyers, and the Camm case as the most important of his career.
Special prosecutor - 2011
In February 2011, the defense moved to have Keith Henderson, the prosecutor from the second trial, removed from the case because he had signed a deal, for which he was paid $4,000 in advance, to write a book about the shooting of Camm's family. Henderson signed the contract less than a month before Camm's second conviction was thrown out by the Indiana Supreme Court.
In November 2011, the Indiana Court of Appeals found that the trial court erred in denying Camm’s petition for a special prosecutor, and ruled that a special prosecutor should be appointed.
Appointment of special prosecutor - 2012
In February, Stanley Levco, a former prosecutor from Vanderburgh County, was appointed special prosecutor. Levco said he would consult with Henderson at the beginning. He also stated, "From what I know, it's virtually inconceivable to me that I won't want to try it".
Lead-up to third trial - 2013
On March 13, arguments were heard over how much testimony Boney should be allowed to give. The defense urged Special Judge Jon Dartt to give them leeway during the trial to argue that Boney's criminal background suggests he carried out the murders by himself, without any help from Camm.
On April 19, both sides accused the other of delaying and withholding information on expert witnesses and other details about evidence, and conceded that a postponement of the trial was a possibility.
On May 8, Dartt agreed to allow defense lawyers to have additional DNA testing on the blood-stained T-shirt he wore the day his family was murdered. Special Prosecutor Stanley Levco had sent the shirt off for additional tests previously.
Cost of trials
In July 2007, the Courier Journal reported that costs had exceeded $1 million.
In March 2013, the Indianapolis Star reported that costs had reached $3.3 million.
In October 2013, NBC News reported that costs had reached an "estimated $4.5 million dollars." 
Thomas Schornhorst, a professor emeritus of the Indiana University School of Law, said the case has been overturned repeatedly because the state's primary evidence, the bloodstains, is "pretty thin stuff" and that they have pushed the envelope with other evidence because they feared not getting a conviction on bloodstain evidence alone. In February 2009, the case was the subject of an episode of 48 Hours on CBS.
- Weiss, Jaimie (2013-01-23). "Latest evidence in third David Camm murder trial focused on Charles Boney". wave3.com.
- Hershberg, Ben Zion (2010-09-27). "On both sides, the pain remains". Courier-Journal. pp. A4.
- "Appeal from the Warrick Superior Court, No. 87D02-0506-MR-54". Indiana Supreme Court. 2009-06-26.
- "David Camm v. State of Indiana - Opinion". Court of Appeals of Indiana. 2004-08-10.
- (John Glatt) One Deadly Night ISBN 978-0-312-99309-2
- "Police Charge Man in Deaths of Wife, Kids Ex-Indiana State Trooper Held in Triple Homicide". Lexington Herald-Leader. Associated Press. 2000-10-03.
- Kozarovich, Lisa Hurt (2009-06-29). "State of Indiana vs. David Camm — a look at both sides". New Albany Tribune.
- Hershberg, Ben Zion (2010-09-27). "Camm slayings: 10 years later: Prosecutor's book deal spurs effort to oust him from ex-Indiana trooper's third trial". Courier-Journal.
- Harned,Carrie (2005-02-25). "Charles Boney's First Media Interview". wave3.com.
- MacDonald,Janelle. "More Of Charles Boney's First Interview".
- "Timeline Of Events In Camm Triple Murder Case". wave3.com.
- "Opinion for publication". Court of Appeals of Indiana. 2008-01-28.
- Schneider,Grace. "Camm trial begins in Warrick County". Courier-Journal.
- Zambroski,James. "Witness Says Prosecutor In First Camm Trial Blew Up When She Couldn't Link Camm's DNA To Boney's Shirt". WAVE News.
- Zambroski,James (2006-02-13). "Good News/Bad News". wave3.com.
- Zambroski,James (2006-02-34). "February 23rd, 2006 - Day 34: Strategic Error".
- Kozarovich,Lisa Hurt (2006-03-07). "Camm jury explains verdict". News and Tribune.
- Hershberg, Ben Zion (2010-07-13). "Camm retrial gets new judge: Dartt's appointment". Courier-Journal. pp. B1.
- "Camm and family speak out at sentencing". News and Tribune. 2006-03-29.
- Hershberg, Ben Zion (2009-06-26). "Camm's 2nd conviction overturned". Courier-Journal.
- "Indiana Supreme Court won't reconsider Camm case". Associated Press. 2009-11-30.
- Thacker,Matt (2009-12-03). "David Camm headed for a third trial". News and Tribune.
- Thacker,Matt (2010-06-08). "Supreme Court asked to appoint special judge in Camm case". News and Tribune.
- Hershberg, Ben Zion (2010-01-09). "Camm gets new primary lawyer: Liell withdraws". Courier-Journal. pp. B1.
- Sikich, Chris (2012-11-21). "The death-penalty trial of his life". pp. A1.
- Adams, Harold J. (2011-02-18). "David Camm's attorneys appeal ruling, seek prosecutor's removal". Courier-Journal.
- "David Camm v. State of Indiana". Court of Appeals of Indiana. 2011-11-15.
- MacDonald,Janelle (2012-02-28). "Camm special prosecutor: dropping the case, "virtually inconceivable"". wave3.com.
- Adams, Harold J. (2012-06-03). "Camm trial set for Aug. 2013". Courier-Journal.
- Schneider,Grace (2012-10-27). "David Camm's 3rd murder trial to be held in Boone County". Indianapolis Star.
- Schneider,Grace (2013-03-13). "David Camm lawyers, prosecutor argue over Charles Boney testimony in next murder trial". Indianapolis Star.
- Schneider,Grace (2013-04-19). "Lawyers accuse each other of delays". Courier-Journal.
- Schneider,Grace (2013-05-08). "David Camm T-shirt to get more blood splatter testing". Courier-Journal.
- David Camm verdict: NOT GUILTY, WDRB TV, Oct, 24, 2013
- Schneider, Grace. "David Camm found not guilty in family's murders". Louisville Courier-Journal. Retrieved October 24, 2013.
- Weidenbener, Lesley Stedman (2007-01-07). "Camm costs spark legislation". Courier-Journal. pp. A1.
- "Price of justice for David Camm: $3.3 million and rising". Indianapolis Star. 2013-01-03.
- "Ex Trooper's Murder trials drained millions from cash strapped Indiana County". NBC News. 2013-10-31.
- Kohn,David (2009-02-11). "CBS 48 Hours: The Alibi: Disturbing The Peace".