User:Bali88/Third trial of David Camm

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Symbol opinion vote.svg Comment: No indication of anything notable about the crime or trial that makes it stand out from other similar items. The Ukulele Dude - Aggie80 (talk) 13:34, 3 January 2014 (UTC)

Pictogram voting comment.svg Hey, I created this page and submitted it before abandoning it and deciding to update the existing page on the case. I'm not sure what to do with this page. I have been using it for sources for the other article because I've already done the research, so I don't want to delete it outright. But basically, no one has to review this page anymore.


Symbol opinion vote.svg Comment: Lead missing. Checkingfax (talk) 04:41, 14 January 2014 (UTC)

Resolved

The third trial of David Camm marked the conclusion of the criminal case against David Camm. Few cases have created the media circus that the murders of the Camm family have. On September 28, 2000, David Camm arrived home after playing basketball at a local church to find his wife Kim and their two children, Bradley, age 7, and Jill age 5, shot to death in the garage of the residence. Camm was arrested three days later.[1]

Coverage of the case was nearly nonstop in the southern Indiana and Louisville area following the crime and the case has attracted the attention of the national press, appearing on 48 Hours and Nancy Grace. He was convicted twice, both reversed in the court of appeals, and was acquitted during the third trial.[1] The case attracted the attention of wrongful conviction groups in recent years who consider Camm to have been erroneously convicted of this crime[2] [3]

The case dragged on for 13 years, winding through a labyrinth of sensational accusations, both of the defendant and the prosecution. The case underwent a long series of revisions to the theory of the crime to accommodate new forensic evidence and the discovery of a second suspect at the crime scene, ending in a trial that uncovered evidence of corruption, shoddy investigative work, police and prosecutorial misconduct, and ultimately freed David Camm.[4]

Background[edit]

First Trial[edit]

The theory of the crime at the time of the arrest was that Camm returned home from playing basketball, shot his family, attempted a clean-up, before abandoning the clean-up attempt and calling post--not 911--for help.[5] The evidence at the time of arrest included three loud bangs heard by David's next door neighbor and aunt around 9:30, shortly after Camm returned home from the game. She was adamant that they were not gunshots, but the police assumed she was mistaken and included that information on the probable cause affidavit.[6] Rob Stites, a crime scene photographer who the police believed to be a blood spatter analyst, told police that there was a clean up at the crime scene and high velocity impact spatter on the shirt Camm was wearing. The probable cause affidavit also contained a description of a tear to Jill's genitals, suggestive of molestation.[7] The last piece of incriminating evidence was a phone bill indicating Camm had made a phone call from the residence at 7:19 pm on the evening of the murder--a time at which Camm claimed to have been playing basketball. Camm also had a history of infidelity, which police believed was the motive for the murders.[8]

Before long, their case against Camm was dealt several hard blows. While the infidelity accusations appear to be true (although he was not currently having an affair), most of the rest of the evidence on the probable cause affidavit was found to be either inaccurate or unreliable. Based on the autopsies and other evidence, the time of death was determined to be far earlier than 9:30, giving Camm an alibi and proving the noises the neighbor heard were not gunshots.[9] The phone call that seemed to prove Camm was lying about his alibi was also disproven. The phone company discovered the inaccuracy stemmed from the confusion regarding which time zone the Camm residence was in. The call occurred an hour earlier at 6:19.[10]

The clean up at the crime scene and the blood spatter on David's shirt were also called into question. It was discovered that there was not in fact a crime scene clean up, but the normal separation of blood when exposed to air for a period of time. Several other areas that Stites had claimed to be high velocity impact spatter found at the crime scene were found to be inaccurate interpretations, calling into question Stites' abilities.[11] The "tear" that Jill had turned out to be an inaccuracy as well. Jill had blunt force trauma to the area, but an intact hymen.[7]

Shortly before the first trial, Rod Englert, Stites' boss, analyzed the spots on David's shirt and agreed with Stites' analysis that they were high velocity impact spatter.[12] The case went to trial with the blood spatter and the affairs front and center and Camm was convicted.[13] Camm appealed the conviction and the supreme court granted a reversal, citing the prejudicial nature of the affairs and he was recharged.[14]

Discovery of a second suspect[edit]

The defense asked that DNA from two unknown persons found on a sweatshirt at the crime scene be run through CODIS again. A match was found for the male DNA and it was discovered that that particular DNA sample was never run prior to the first trial despite assurances from the prosecutor that the sample had been analyzed and returned no matches. Charles Boney, a convicted felon out on parole at the time of the crimes was identified as the owner of the sweatshirt. He had been convicted of committing a series of armed attacks on women, several of them involving the theft of shoes.[15] The most recent attack was the armed robbery and attempted abduction of three women at gunpoint.[16] He had previously admitted to police that he had a foot fetish, a detail he later discussed with numerous news outlets. This detail was suspicious to the defense: Kim Camm's shoes were removed and lined up neatly on top of the vehicle in the midst of a messy crime scene. Kim also had a bizarre series of bruises and abrasions to the top of both of her feet.[17] He was interviewed and took a stipulated polygraph, in which he was determined to be deceptive. He claimed that he donated the sweatshirt to charity and was cleared as a suspect.[18]

Two weeks later, his palm print was discovered on Kim's vehicle. He was arrested and after a number of revisions to his story, he finally settled on one in which he was lured to the Camm residence under the guise of selling a gun to David Camm. He alleged that Camm lured him to the residence with the intent of killing his own family then killing Boney and claiming he shot Boney after catching Boney committing the murders. He admits to placing the shoes on the vehicle, but claims he did it only coincidentally and not related to his foot fetish. The other DNA sample was later identified as belonging to Mala Singh Mattingly, Boney's then girlfriend.[19]

Second trial[edit]

Camm and Boney were tried separately but tried as co-conspirators in the death of Kim and her children. With the affairs ruled inadmissible, the prosecution decided that the motive for the murder was to hide the molestation of 5 year old Jill. The allegations stemmed from a blunt force trauma injury to Jill's genitals that happened within the hours before Jill's death. There was no sign of healing, giving the injury a narrow time frame. Dr. Tracey Corey argued that she believed the blunt force trauma was the result of molestation. A medical examiner who testified for the defense disagreed: "The blunt force trauma came from the child being kicked or struck with an object". He was convicted largely on the basis of the molestation allegations.[20]

David appealed the conviction and a second reversal was granted. The supreme court stated: "Missing from this record is any competent evidence of the premise that the defendant molested the child"[21]

The nature and the cause of Jill's injuries remain a mystery. Camm strenuously denies abusing his daughter and has never been charged with molestation.[22] It is unclear if the injury is related to the crime or was sustained through an unrelated accident, such as a fall on the playground. Kim had many injuries related to the deadly attack with Boney's DNA found on areas of Kim's clothing corresponding to injuries on Kim's body. This finding lends credence to the idea that the injuries were caused by an attack from Boney. The subsequent discovery of Boney's DNA on the stomach of Jill's shirt led some to speculate that the injuries could have been caused by Boney.[23]

Third trial[edit]

Camm was charged for a third time. The third trial commenced on August 12, 2013. It was held 150 miles away in Lebanon, Indiana to avoid the intense media coverage in Floyd County.[24]

Opening statements[edit]

Prosecution[edit]

During opening statements, the prosecution, led by Stan Levco, argued that on September 28th, 2000, David Camm snuck out of a basketball game at a local church, drove home, and shot his wife and two children in the garage of the residence after buying a gun from Charles Boney--who was also at the scene of the crime--and then returned without any of the 11 basketball players noticing his absence. They allege that the approximately 9 spots of blood on David Camm's shirt prove he was the shooter. Having had two prior motives ruled inadmissible, the alleged motive given in this trial was proceeds from the life insurance policies recently purchased by Kim. The prosecution also listed unusual statements made by Camm as supporting evidence.[25]

Defense[edit]

The defense countered their claims that the blood on Camm's shirt was blood spatter from a gunshot, arguing instead that it was transfer from contact with Jill's hair when David removed his son from the vehicle in which his two children were shot. They contend that Charles Boney was the sole perpetrator and that Camm and Boney had never met. The defense argued that the investigation was riddled by critical mistakes, such as neglecting to take fingerprints from critical areas of the crime scene, failing to run Boney's DNA through CODIS until 5 years after the crime, failing to thoroughly investigate Boney's involvement in the crime, and improperly questioning Boney. Richard Kammen, the lead defense attorney, accused the police of feeding Boney a false story designed to implicate Camm and coercing him to testify against Camm by playing on his fear of racial prejudice within the criminal justice system by telling him that a black man accused of killing a white family would get the death penalty if he didn't cooperate.

Kammen argued that Boney was a "career criminal" whose habit of threatening women with guns had been escalating for some time. Most of Boney's criminal history, including a pattern of attacking women, threatening them with a gun, and demanding their shoes, was ruled inadmissible and was not mentioned at trial, but during opening statements, Kammen made a brief reference to Boney bragging in a television interview about his foot fetish. The prosecution objected and the jury was instructed to disregard the statement.[26]

Notable prosecution witnesses[edit]

Lynn Scamahorne[edit]

Lynn Scamahorne was the DNA analyst who performed hundreds of tests on the clothing entered into evidence. She testified that DNA and blood from Kim and Brad were found on a gray sweatshirt found at the scene, later determined to belong to Charles Boney. Blood from Mala Singh Mattingly (Charles Boney's then girlfriend) was found on the sweatshirt as well. (DNA belonging to Charles Boney was later found on the shirt by another analyst) She also testified that blood from Jill and Brad were found on the tee shirt Camm was wearing.[27] Outside the presence of the jury, the defense attempted to enter into evidence a letter written by Scamahorne during the first trial alleging that Stan Faith, the prosecutor, attempted to coerce her to say that the foreign DNA (later determined to belong to Boney) was actually Camm's DNA. She alleged that the prosecutor threatened to charge her with felony obstruction of justice charges if she refused. She also stated that she felt that her employment was being threatened. The judge ruled this letter inadmissible and was never presented before the jury.[28]

(Note: John Singleton, a fingerprint analyst for the Indiana State Police testified in the second trial to a similar encounter with Stan Faith. He claims Faith wanted him to testify that Camm could not be ruled out as a match for the palm print found on the vehicle which was later determined to belong to Charles Boney. He did not testify in the third trial as this testimony was similarly inadmissible.)[29]

Shelley Romero[edit]

Romero was a colleague of David Camm's while he was with the Indiana State Police. She testified regarding one of the statements Camm made following the murders that the prosecution felt were unusual. Romero testified that Camm questioned who would want to date him now that his family had been murdered, implying that a man whose family had been killed would not be desirable.

On cross examination, Kammen questioned Romero regarding her employment record. Shortly after the murders, Romero had been vocal regarding the quality of the investigation. She was then suspended for what she considers to be fraudulent reasons: making alterations to her K-9's cage that had already been approved by supervisors. Shortly after, she was transferred to another unit, then told she was not needed and given the option to either resign or go on disability for an unspecified mental disability. She chose to go on disability leave. She claims that she has been cleared to return to work by numerous physicians but the police department refused to allow her to return to duty.

She feels she was made an example of for criticizing the investigation.[30]

Blood spatter analysts[edit]

Several blood spatter analysts testified that the microscopic drops of Jill's blood on the hem of Camm's tee shirt were high velocity impact spatter, putting David Camm in close proximity to Jill Camm when she was shot.[31]

Charles Boney[edit]

One key difference between this trial and the previous two was the introduction of Charles Boney as a witness. Boney testified that he met David Camm at a basketball game at a local park--one witnessed by 10 or more other players (none of these alleged witnesses have been found). He alleges that he told Camm about his recent release from prison. Their next meeting, according to Boney, was a chance encounter at a market during which Boney told him that he had sold handguns and Camm asked to purchase an untraceable weapon.

Boney claims he sold one weapon to Camm, but was then asked for second to be delivered at 7pm on the night of the murders. He claims to have followed Camm to his house following the purchase of the first gun. According to Boney's testimony, on Sept 28 he arrived at 7pm to meet David at the Camm residence. He hands Camm the weapon wrapped in his gray sweatshirt that was later found at the crime scene. Within seconds, Kim arrives home in her Bronco, Camm follows the bronco into the garage and Boney hears three shots fired. Boney alleges that Camm then attempted to shoot him and stated "you did this". He testified that the gun either jammed or ran out of bullets, preventing Camm from shooting him. With Camm holding a now non-functioning weapon, Boney ran after Camm, chasing him back into the garage. Camm entered the house while Boney tripped and fell over Kim's shoes, which were inexplicably off of her feet and on the garage floor. Boney stated that he picked up the shoes and placed them atop the Bronco. He then leaned against the vehicle to look at Brad and Jill, who were inside the vehicle, deceased. He stated that Kim had her pants on at that point (they had been removed by the time the authorities arrived on the scene).[32]

During cross examination, Kammen hammered him the multitude of inconsistent statements and the many changes he has made to his statements before arriving at this current report of the evening. Previously, Boney had claimed to meet Camm at different locations, different numbers of meetings, and the times he claimed to meet him frequently shifted. He also was unable to describe Camm's vehicle during questioning, giving several false answers when asked. On the other hand, he did know in detail what Kim's vehicle looked like, Kammen noted. Kammen noted that many details of his story were first suggested by police detectives in recorded interviews, notably the detail regarding the gun wrapped in the sweatshirt. Other details of his story were changed following discussions with detectives who pointed out the discrepancies.[33]

Kammen attacked the investigation by showing jurors an interview Boney gave in 2005 in which he revealed that in addition to his DNA, his girlfriend's DNA, and his prison nickname, "backbone", the sweatshirt also had his department of corrections number on it.[34] It is unclear how the investigative team missed all of these pieces of evidence during the initial investigation.

Upon questioning, Boney also admitted to hiring Stan Faith, the prosecutor in the first Camm trial, to represent him at some point in time after the murders. Boney admits to having discussed the case with Faith prior to becoming a suspect in the case.[35] [36]

(note: based on testimony from other prosecution witnesses, Kim, Brad, and Jill were still alive and at the pool until 7:15pm, which conflicts with Boney's reported time of death.[37]The medical examiner also testified that the likely time of death was around 8pm.[38] This timeline also conflicts with the timeline that the prosecution is alleging)[39]

Jailhouse informants[edit]

A number of jailhouse witnesses, including one who tattooed David's arm while in prison, testified that Camm confessed to them while in prison. The prosecution contends that the men knew details of the crime, including the type of gun used in the crime. However, the defense pointed out that these details were widely covered during the immense media coverage and the witnesses didn't seem to have knowledge of Boney's involvement. The defense argued that it would stand to reason that any legitimate confession would involve the disclosure of Boney's presence at the crime scene. Both the informants and the prosecution deny that any sentence modifications were offered in exchange for testimony. During cross examination, the defense joked that perhaps "the good luck fairy" came to visit them because at least one informant did in fact get a sentence modification following a previous trial with "David Camm" listed as the reason.[40][41]

Mala Singh Mattingly[edit]

Mala Singh Mattingly was dating Charles Boney at the time of the murders. Mala, a native of Trinidad, had returned to her home country following the murders and was flown in for this trial. She testified that Boney left his home at 6pm on the night of the murders to "go meet a buddy". She claims he returned after midnight out of breath and sweaty. She testified that he had a scraped knee and that he showed her a gun (an inconsistency from Boney's story of leaving the gun with Camm). The next morning, she claims, Boney wanted them to watch the news coverage regarding the crimes. His mother inquired if he was the one the police were looking for and he admitted that it was. Mala claims to have taken a shower and when she returned, Boney and his mother had left the residence.[42]

The defense questioned Mala on the inconsistent statements she had given regarding several aspects of the case. She gave multiple reasons why her blood was found on the sweatshirt, the latest being blood glucose tests for diabetes. Upon questioning, she wasn't able to give any information about whether she was on blood thinners and was not sure whether she had type 1 or type 2 diabetes. She had previously denied wearing Boney's clothing at all, but changed her story when confronted with the blood evidence. She also gave inconsistent statements regarding whether or not Boney had ever had a gun, finally setting on a story in which he asked her to get him a gun several days prior to the murders.[43] The defense confronted her regarding a $99 check Boney wrote to her the day after the murder. She stated she was unable to remember the check. Prior to Mattingly's testimony, it was discovered that a written statement by Mattingly was not disclosed to the defense. The writing contained statements that the defense called "bombshell" material. Mala had made a statement that Boney carried a photo of a woman who he called "Kim". It is unknown whether this photo is of Kim Camm. Judge Dartt denied the defense motion for a mistrial and ruled this statement inadmissible.[44]

Other notable testimony[edit]

During cross examination of detective Gary Gilbert, the defense confronted Gilbert about an incident following the arrest of Charles Boney. A police officer named Myron Wilkerson, a distant relative of Boney's, meets with Charles Boney privately at the station. A short while later, they have a recorded conversation in which Wilkerson tells Boney he should be a witness to avoid the death penalty. Two months later, the defense requests to have Kim Camm's cell phone sent to the lab to be fingerprinted. It is discovered that Wilkerson had removed the phone from the evidence room without signing it out. He was not a part of the investigation team and did not have permission to do so. When it was recovered, the phone was completely void of fingerprints. Not even Kim's were recovered from the phone. It had previously not been examined forensically. He has never been charged with evidence tampering.[45] Wilkerson passed away prior to this trial.[46]

Notable defense witnesses[edit]

Rob Stites[edit]

Rob Stites had previously been a witness for the prosecution. In trial three he testified for the defense, admitting that he had perjured himself in the first two trials. Stites' assertion that the spots on Camm's shirt were HVIS was the cornerstone of the probable cause affidavit that led to Camm's arrest and his testimony at the first two trials aided in Camm's conviction. He had previously testified that he was an expert blood spatter pattern analyst who was in the process of attaining a PhD -- credentials which were fabrications. He asserts that Floyd county prosecutor, Stan Faith, helped create those fraudulent credentials. During the third trial, he outlined how he was sent to the crime scene by Rod Englert to photograph and take notes. Despite having no formal training in the field nor any work experience as a crime scene analyst, his notes ended up being used in the probable cause affidavit with him being listed as a "crime scene reconstructionist", a title that did not apply to him. The defense pointed out several aspects of Stites' notes that were later proven to be false including "HVIS" on the garage door, later proven to be a petroleum based product and not blood. Stites' opinion that there was a clean up at the crime scene involving bleach was also incorrect. The confusion came from the unfamiliar look of the blood after the serum had separated from the blood cells. Regarding his actions, he commented, "It was a dumb thing...In hindsight, I would have kept my mouth shut."[47]

Basketball players[edit]

David Camm has eleven alibi witnesses for the night of his family's murders. They all claim that he was playing basketball with them from approximately 7pm to 9:30pm that day. All agree that Camm played all games except the third game, which started after 8pm. During the third game, Camm was witnessed by all to be talking to Tom Jolly on the sidelines. Jolly was the only witness who was not playing basketball and claims he spoke to Camm during the game that Camm sat out. All players assert that they never saw him leave or return and never noticed him missing.

The prosecution countered that while playing basketball, the players would've had a difficult time keeping track of those on the sidelines and are simply mistaken.[48]

Forensic experts[edit]

The defense called a number of forensic experts. Several testified that the spots on Camm's shirt were transfer stains caused by contact with his daughter's hair. Barrie Goetz conducted a demonstration in which he applied human blood to the hair on a doll. He then leaned over the doll's hair, replicating a pattern similar to the pattern seen on Camm's shirt, proving that this pattern can be produced in other ways aside from proximity to a gun shot wound.[49] Another witness, Dr. Robert Shaler, decried blood spatter analysis as unreliable. "The problem in this case is the number of stains are minimal," he said. "I think you're really on the edge of reliability." Shaler said blood stain pattern analysis as a science is "essentially guesswork". The problem with blood spatter analysis is that "you do not have the supporting underlying science" to back up your conclusions. All of the blood spatter analysts involved in the case from the start (aside from Rob Stites) have been "experts" in the traditional sense. The problem is "We have two opinions in this case. That, in essence, is a 50 percent error rate." An unacceptable level of reliability in a court case when the perception of guilt beyond a reasonable doubt is what is required.[50]

Richard Eikelenboom[edit]

The third trial saw the introduction of touch DNA evidence via Dr. Richard Eikelenboom. Dutch born Eikelenboom has worked on a number of high profile cases including the murders of JonBenet Ramsey and Caylee Anthony, as well as the exoneration of Tim Masters.[51] [52] Dr. Richard Eikelenboom testified that he found DNA consistent with Charles Boney in several places on the clothing of Kim Camm and Jill Camm. Boney's DNA was found on Kim's panties, the arm of Kim's shirt (above an abrasion on her arm thought to be the result of the struggle with her killer), on Kim's broken off fingernail, and on the stomach of Jill's shirt. These results seem to discredit Boney's assertion that he never touched the victims. Uliana argued that if Boney physically attacked the family, which the DNA seems to suggest, it is unlikely that David is the shooter. "He physically attacked Dave's family, so now what's the state's theory? That Boney attacked Dave's family, and Dave said ‘scoot over, let me shoot them?'"[53] Eikelenboom also testified that he conducted DNA testing on an area of the shirt prosecutors earlier claimed contained Jill's brain matter (via visual examination). In his opinion, the DNA was consistent with David, not Jill, and was likely David's tissue, such as mucus.

The prosecution countered that the DNA testing was unreliable because of the prior mishandling of evidence in previous trials and the DNA could have been transferred at that time.[54] [55]

Mike McDaniel[edit]

Mike McDaniel, Camm's defense attorney during the first trial, testified outside the presence of the jury (known as an offer of proof) accusing Stan Faith of proscecutorial misconduct. McDaniel claims that Faith lied to him regarding the DNA sample on the sweatshirt, asserting there were no matches in the CODIS database, when in reality the DNA had never been run. He also claims that during a deposition, Faith blocked him from questioning Scamahorne further about the sample of DNA. He also stated that he asked Faith whether there were databases of prison nicknames and aliases with which they could run the name "backbone", which was hand written on the inside collar of the sweatshirt. Faith said he would look into it, but later told McDaniel that such a database doesn't exist. McDaniel found out at a later date that this database does indeed exist. His testimony was ruled inadmissible and was never heard by the jury.[56]

Dr. Kim Rossmo[edit]

Dr. Kim Rossmo is a criminal justice professor at Texas State University. Rossmo testified that the investigation was marred by confirmation bias: a tendancy to believe information that confirms your preconceived notions and place less weight on information that doesn't. Rossmo argues that this phenomenon caused the investigators to ignore the DNA on the sweatshirt and when Boney was finally identified, they downplayed the significance and attempted to make it fit within their established theory of the crime. He cites the numerous stories Boney told regarding his involvement as evidence of this phenomenon: "I think there were six different confessions from Mr. Boney. I don't think Boney ever told the truth about what happened...he's only telling the police enough to get around the last particular contradiction."[57]

Karen Ancil[edit]

Karen Ancil is an acquaintance of Charles Boney's with whom Boney spoke on the night of the murders. She claims he phoned her at 1 a.m. on the night of the murders. She testified that he seemed happy with no sign of being in distress giving her no clue to his presence at a triple murder just hours prior. She says he spoke to all of her children on the phone as well, giving them advice. Ancil was a late addition to the witness list, having not responded to repeated phone calls and subpoenas.[58]

Carl Colvin[edit]

A coworker of Boney's some time after the murders. Colvin testified that after Boney became enraged with his wife one day, he shouted, "I'll kill that b--h. That f--ing b--h, I'll kill her! I've got three bodies on my conscience, and one more is not gonna matter!"[59]

Gary Dunn[edit]

Dunn is a retired FBI agent who works as a private investigator. He testified that he pulled the phone records of any and all phones associated with Charles Boney, including pay phones outside establishments Boney claims to have met Camm. There were no records of any phone calls between Camm and Boney, but there were a high number of phone calls between Boney and the Floyd County Prosecutors office. Twenty-nine phone calls took place in the two week period between Boney being identified via DNA and his arrest. Earlier in the trial, Gary Gilbert was confronted about the number of calls and lengths--some of them up to an hour. There were no audio recordings of the calls between Boney and the prosecutors office and no reports were made of the content of the calls.[60]

Jury Instructions[edit]

Arguably the most explosive part of this trial was an aspect that typically doesn't get much press: the jury instructions. Judge Dartt made a controversial ruling in favor of the prosecution that the jury instructions could include an instruction that the jury could find him guilty if they found beyond a reasonable doubt that Camm had "aided and abetted" Charles Boney during the murders. This instruction applies if the jury believes that Camm was involved in the crime, but was not the shooter. The defense strenuously objected to the inclusion of this instruction citing not only the lack of physical evidence that Camm had assisted Boney, but that the instruction violated the law against double jeopardy. Camm had been acquitted on conspiracy charges during the second trial.[61]

The significance of this jury instruction is that the prosecution is, in essence, saying that there is a possibility that the blood spatter could be inaccurate. For the past 13 years, the prosecution has considered the blood spatter to be conclusive proof of Camm's guilt. To imply that David could still be guilty, but not the shooter is to also say that the blood spatter is not reliable or conclusive. Camm supporters were angry at what they perceived to be an unfair ruling and considered this to be a misstep worthy of another appeal if he should be convicted: the prosecution was asking jurors to find a defendant guilty on the basis of evidence of questionable veracity when proof beyond a reasonable doubt is required. Introducing a new theory of the crime at the end of the trial also deprives the defendant of the ability to defend himself against the allegations.[62]

Louisville Defense attorney Steve Romines criticized the inclusion of the controversial instructions: "Clearly it makes him easier to convict." He goes on to say "The problem is, in the first trial, David Camm's the shooter and acted alone. The second trial, David Camm's the shooter and Boney aided and abetted him. And now in this trial, Charles Boney is the shooter and David Camm aided and abetted him. In three trials, with the same proof, they've had three different theories." adding "Proof doesn't change. If you have proof beyond a reasonable doubt, you argue the same thing throughout. You don't have to constantly shift your theory to fit your proof."

When asked if it would be easier to appeal if he was convicted on that charge, Romines stated that it would. "In this case, the vast majority of the proof is that David Camm was the shooter. This aiding and abetting, they don't have any evidence to support it, except Charles Boney's statement and it has to ignore what he says because he says he's not the shooter. It's really inconsistent with their proof." Romines added that the physical evidence at the crime scene supports Charles Boney as the shooter, as his sweatshirt has far more gunshot residue on it than Camm has on his clothing.[63]

Closing arguments[edit]

Prosecution[edit]

Prosecution co-counsel Todd Meyer gave the closing argument, reiterating that Camm had blood stains on his clothing consistent with high velocity impact spatter, and a series of unusual statements and behaviors following the murders. He then explained to the jury how to use the aiding and abetting jury instructions, instructing them that it applied if Camm was not the shooter. He then presented a partial written statement by Boney following his arrest. The writing had been crossed out and then later uncovered by a forensic analyst. The writing implied that Camm approached him with something that could benefit him financially. Meyer impressed on the jury that Boney was "minimizing" his role in the crime.

Defense[edit]

Defense co-counsel Stacy Uliana gave the closing argument for Camm's defense. Uliana argued that Charles Boney committed this crime alone as evidenced by the extensive injuries on Kim Camm, stating she "fought long and she fought hard", resulting in 18 scratches and bruises to her body. She reiterated that it's unlikely that Camm and Boney ever met. No witnesses or records placing them together have been found and Boney was unable to describe David's vehicle despite being able to describe Kim's vehicle in great detail. She went on to say that Boney was "playing games" with everyone--giving interview after interview, writing a manuscript, and even going as far as hiring the prosecutor in the case as his own personal attorney.

Uliana reiterated that Camm had a solid alibi and that it's unlikely that 11 people would all miss Camm leaving the church. Evidence suggests that Kim had previously been wearing socks and different panties than the ones she was found wearing. She theorized that Kim was forced to remove her panties and put on panties out of the laundry basket. Being limited by the inadmissibility of Boney's prior criminal history of fetish driven shoe thefts, she offered the explanation that sometimes burglars take trophies. Uliana argued that Boney had been spotting casing the neighborhood earlier in the day and should have been the prime suspect.

Uliana cautioned the jurors about the aiding and abetting juror instructions, saying:

"This is completely inconsistent with what they've been saying for 13 years. If that's their argument, you make them show you evidence." adding "We don't want to speculate a man into prison."[64]

Verdict[edit]

David Camm was found not guilty of all charges on October 24, 2013. The jury deliberated for 10 hours before returning their verdict.[65]

After the verdict[edit]

  • David Camm has accepted a position working for a not-for-profit organization called Investigating Innocence. He will be a case coordinator working on wrongful conviction cases.[66]
  • David is facing a wrongful death civil suit filed by his late wife's parents over the estimated $625,000 David is set to collect from life insurance and Kim's 401K fund.[67] Frank and Janice Renn steadfastly maintain their belief in David's guilt. Initially they were shocked at his arrest and believed him to be innocent: "I just couldn't believe that the person I knew, thought I knew, could do that," says Kim's mother, Janice Renn.[10] Frank Renn isn't sure whether Camm did it alone or hired Boney, although he states he finds the blood spatter evidence convincing. Ironically, one of the pieces of evidence that convinces him of David's guilt is how well the Camm's marriage appeared to be going: "The only thing with his behavior to me was in, like, the last week. All of a sudden, he's like, really friendly. He's taking Kim places. Spending more time with the kids. Taking them around. Like that Sunday night, he came over and Dave and Kim went to a movie, and we babysitted Brad and Jill. It was just like he was trying to put on a show, or he was trying to do something like…I guess he was trying to make us feel like they was getting back together again. I knew they'd had…problems in between. I guess he just wanted to put on a show. Or he just wanted to let everybody to see Kim, or whatever. It might be for the last time, for example."[68]
  • The case appeared on 48 hours for the third time in December of 2013. One juror interviewed for the show stated: I felt so badly for him. Here is a man who has been persecuted for 13 years for a crime I don't believe he committed." In reference to one of the investigators who testified: "He stated that this looked like a "David Camm" crime scene before he'd ever stepped foot into the garage. We all felt that he definitely was looking for evidence to support a conclusion that he'd already come to, and that's not how you should investigate a case."[69]
  • Bill Lamb, Vice President and general manager of WDRB, the fox affiliate in Louisville, KY, issued a public apology to David Camm stating: "Seven years ago, I did a Point of View criticizing David Camm's attorneys for seeking yet another appeal right after his second conviction for the murder of his family. I wondered when Indiana taxpayers would get to stop paying fortunes in trial expenses, and why any accused killer could possibly deserve so many "do-overs." Well, now we have the answer: When they're not guilty."[70]
  • In early December 2013, Camm met with jurors in the third trial over dinner at a cafe in Lebanon. Also in attendance were family members of Camm's and members of his defense team. The dinner ended up lasting five hours.[71]
  • In December, Camm gave his first local media interview. When asked how he would react to those who still believe in his guilt, he responded: "At this point, with the information that's out there, it's a choice to remain ignorant," Camm said. "And if that's what folks elect to do, then there's nothing I can do to convince those people that I didn't have anything to do with it. It's a choice on their part...the information is out there. All you have to do is be willing to be unbiased, step back, and look at the actual evidence, and you'll change your opinion."[72]
  • He also said he believes Charles Boney was not at the crime scene alone. He believes that Boney's girlfriend Mala was also involved in the crime.[72] Her blood was found at the crime scene mixed with Kim's blood.[73]
  • Camm also stated: "The thing that people need to know about Boney...11 previous convictions felony convictions for assaulting women.That's what he's done his whole adult life: assault women. The three girls that he took hostage in Bloomington, IN. He held a gun to the girl's head and threatened to blow her head off. It's exactly what he did to Kim. He just went one step further."[72]
  • Camm believes that there was much more to the relationship between Faith and Boney than a coincidental attorney/client relationship, citing Faith's admitted relationship with Boney's mother going back to the 80's.[72][74]
  • Charles Boney has a post conviction relief hearing scheduled for January,2014.[72] In court, both the prosecution and Boney denied that Boney was receiving any sentence modification in exchange for his testimony.[75]
  • Camm has announced his intention to file a civil suit over the prosecutorial misconduct in the case.[72]
  • Camm insists that despite having problems in the past, his marriage was very happy in September of 2000 and they had recently spoken to their pastor about having another child.[72]
  • The case was used as an example in a forensic text book called Forensic Fraud: Evaluating Law Enforcement and Forensic Science Cultures in the Context of Examiner Misconduct. The text describes the attempted coecion of Lynne Scamahorn to change her testimony regarding Boney's DNA and the falsification of Rob Stites' credentials.[76]

See also[edit]

References[edit]

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  35. ^ Kircher, Travis. "David Camm Blog: Charles Boney testifies". WDRB. Retrieved 1 January 2014. 
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  39. ^ Alter, Marissa (October 16, 2013). "Camm Trial in Review". WLKY. 
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  63. ^ "Interview: Steve Romines on possibility of a guilty verdict being overturned again". WHAS11. Retrieved 1 January 2014. 
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  76. ^ Turvey, Brent (2013). Forensic Fraud: Evaluating Law Enforcement and Forensic Science Cultures in the Context of Examiner Misconduct. Academic Press. pp. 105–106. ISBN 978-0124080737.