Wrongful conviction of David Camm
David Camm | |
---|---|
![]() David Camm (right) with fellow exoneree Ryan Ferguson (left) and Bill Clutter of Investigating Innocence | |
Born | David Ray Camm Floyd County, Indiana, U.S. |
Known for | Retired Indiana state trooper, who became a legal and local news cause celebre, for being tried three times for the murders of his wife and two children (two reversed convictions, acquitted after third trial) |
David Ray Camm is a former trooper with the Indiana State Police who spent 13 years in prison after being twice wrongfully convicted of the murders of his wife, Kimberly, and his children, Brad (7) and Jill (5), at their home in Georgetown, Indiana, on September 28, 2000. He was released from custody in 2013 after his third trial resulted in an acquittal.
Camm became a suspect because of an interpretation of bloodstain patterns on his clothing, as well as a number of leads and pieces of evidence that were later found to be unreliable or outright false. He was tried and found guilty of the murder, but his conviction was overturned in 2004 on the grounds that testimony about his marital infidelity had been prejudicial.
In 2005, forensic evidence identified a career criminal named Charles Boney as having been at the crime scene. Boney's modus operandi in previous crimes showed similarities to aspects of the murders. Boney had a history of stalking and attacking women, often stealing their shoes; Kim's shoes had been removed and placed neatly on the vehicle[clarification needed] and she had a series of bruises and abrasions to her feet. The prosecution was widely criticized for the failure to find Boney prior to the first trial. They told the defense team in 2001 that the DNA had been run through CODIS and returned no matches. It was later discovered that Boney's DNA was entered into the system prior to the murders and would have returned a match if it had been run.[1]
Boney gave a number of conflicting confessions, but eventually accused Camm of the murders, claiming he witnessed Camm shoot his family while he was at the home selling Camm a handgun. Camm was charged along with Boney as a co-conspirator, Boney was tried first and separately. Boney was convicted of the murders and sentenced to 225 years in prison. In 2006, Camm was found guilty on the murder charges at his retrial. Camm appealed, and the verdict was overturned on the grounds that the prosecution at the second trial had accused Camm of sexually molesting his 5-year-old daughter Jill, without producing evidence for the allegation.[2]
Boney testified against Camm for the first time at the third trial, although his credibility was called into question when he was unable to describe the car Camm drove and also incorrectly described Camm's clothing on the night of the murder. Evidence was presented that Charles Boney's DNA was found on Kim's underpants, shirt, and broken-off fingernail; and on Jill's shirt, suggesting he physically attacked the family himself. Defense witnesses also testified that prosecution assertions about the stains were not widely accepted by others in the field of bloodstain analysis. It was also discovered that the blood spatter analyst Rob Stites, whose analysis had triggered the arrest, had falsified his credentials and did not work in the field of bloodstain pattern analysis at all. He had previously testified that he was a professor at Portland State University; it was discovered that he had no affiliation with the university. He testified in the third trial that he had perjured himself during the first two. Dr. Robert Shaler, who served on a committee for The National Academy of Sciences to evaluate forensic methods, testified that blood spatter pattern analysis was found to be unreliable in their studies. Another expert demonstrated that the pattern could be produced through transfer.
The defense presented suspicious behavior on the part of Boney, such as visiting the graves of the victims, speaking on the phone to the prosecutors office on 33 occasions in the two-week period before his arrest, and hiring Stan Faith, the prosecutor, as his defense attorney and discussing the case with him prior to becoming a suspect. They also presented a number of instances of alleged misconduct by the police and prosecutors in the case.
The case was covered extensively by the media in the southern Indiana and Louisville, Kentucky, area, and by national news programs including Nancy Grace, 48 Hours, and Dateline NBC. The case is noted for the extensive allegations of prosecutorial misconduct, including witness tampering, evidence tampering, perjury and an overall shoddy investigation and has been detailed in numerous forensic textbooks.
Initial investigation
Police were summoned to the Camm residence shortly after 9:30pm on September 28, 2000, to find Kim, Brad, and Jill Camm shot to death in the garage of their home. Camm told police that he returned home from playing basketball at a nearby church and found his wife shot to death on the floor of the garage. He then saw his children sitting in the backseat. Camm stated that he thought his son may still be alive, so he pulled him out and attempted CPR.[3] Bradley Camm was found lying on the floor on top of a prison issue sweatshirt with DNA from two unknown persons on it as well as other forensic evidence.[4]
First theory of the crime
The investigation of the murders was hampered from the beginning by several false leads. 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 the Sellersburg State Police post for help.[5][6] Rob Stites, a crime scene photographer who was believed by the police to be a blood spatter analyst, told police there was a clean-up at the crime scene and high velocity impact spatter on the shirt Camm was wearing.[7] Another piece of seemingly incriminating evidence was a phone bill seeming to indicate Camm had made a phone call from the residence at 7:19pm on the evening of the murder. He claimed to be playing basketball at the church from 7pm to approximately 9:30pm that evening. Camm also had had a history of infidelity, which police believed was the motive for the murders.[3][8]
Before long, the erroneous nature of several pieces of evidence was revealed. While the infidelity accusations were credible, it was discovered that most of the rest of the evidence on the probable cause affidavit was either inaccurate or unreliable.[8] Based on the autopsies and other evidence, the time of death was determined to be around 8 pm, far earlier than the original estimate of 9:30 pm[3] giving Camm an alibi.[9] The phone call that seemed to prove Camm was lying about his alibi was disproven. The phone company discovered the inaccuracy stemmed from the confusion regarding Indiana's complicated time zones. The call actually was made an hour earlier, at 6:19 pm.[7][8][10][11]
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.[7][12]
Investigators stated that they investigated the foreign DNA on the sweatshirt found at the crime scene, but there were no matches when it was run through CODIS.[4]
Second theory of the crime
The discovery that the time of the murder was over an hour earlier than previously thought meant that David now had an alibi. Eleven witnesses told police he was with them playing basketball from 7 pm until after 9pm.[3] The police changed their theory of the crime from a murder following the basketball game to one in which he sneaked out of the basketball game, committed the murders, and then slipped back in without being noticed.[4]
Trials and appeals
First trial
The case went to trial in the spring of 2002 with the blood spatter as the main forensic evidence and the affairs listed as the motive. The prosecution argued that the bloodstains on Camm's shirt were the result of high velocity impact spatter, proving he was the shooter. Defense experts assert that the pattern was caused by transfer when his shirt came in contact with Jill's hair as he was removing his son from the vehicle.[13] Bart Epstein, a bloodstain analyst for the defense, stated that there is some overlap between the appearance of different types of stains so blood spatter analysts need to consider other aspects of the stain to determine the cause. In this case, the number of blood stains is as relevant as their size and shape. "Gunshot will produce hundreds of stains coming back. I've never seen, I believe the other experts for both the prosecution and the defense have indicated that they've never seen just seven small or eight small stains from a gunshot. I've never seen that," said Epstein.
During the trials, Epstein and another blood analyst demonstrated how the blood stains could have gotten on the shirt by running T-shirts over wigs containing blood. Similar patterns to the one on Camm's shirt were produced.[4][14] Nevertheless, he was convicted.[15]
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.[3][15][16] In November 2004, prosecutor Keith Henderson refiled charges against Camm.[15]
Discovery of a second suspect
In early 2005, the defense asked that DNA from two unknown persons found on the sweatshirt at the crime scene be run through CODIS again. Defense lawyers claim the prosecution refused until they were finally compelled to by a court order.[17] 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 from nearby New Albany was identified as the owner of the sweatshirt. He was out on parole at the time of the crime, having been convicted of committing a series of armed attacks on women, several of them involving the theft of shoes.[18] The most recent attack was the armed robbery and attempted abduction of three women at gunpoint.[19]
In some cases, there was evidence of stalking as well; some of Boney's previous victims had reported receiving harassing phone calls for a couple months prior to the attacks asking them what they were wearing and if they were wearing high heeled shoes.[20] 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 had a series of bruises and abrasions to the top of both of her feet.[21] Boney was interviewed and took a polygraph, in which he was determined to be deceptive. He denied any involvement, claiming that he donated the sweatshirt to charity and was cleared as a suspect.[22] Two weeks later, his palm print was discovered on Kim's vehicle and he was arrested.[23]
The other DNA sample was later identified as belonging to Mala Singh Mattingly, Boney's then girlfriend.[24]
It was discovered after his arrest that Stan Faith, the prosecutor in Camm's first trial, was Charles Boney's attorney. During questioning, Boney asked to be represented by Faith but was told it was a conflict of interest.[25][26] Boney admits to having discussed the case with Faith prior to becoming a suspect in the case.[26][27] When asked about the failure of his office to identify Boney, Faith denied any intentional wrongdoing stating: "I regret it. I deeply regret it, but the myth that's growing out of this is false."[25]
Third theory of the crime
Boney gave a number of conflicting confessions before 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 admits to placing the shoes on the vehicle, but claims he did it only coincidentally and not related to his foot fetish. Boney claims that Sept 28 he arrived at 7 pm to meet David at the Camm residence to sell him a weapon—a meeting they arranged through chance meetings and without the use of a telephone. 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 claims that the gun either jammed or ran out of bullets. 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 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 explains that this is why his hand print was found on the vehicle.[18][28] (note: based on testimony from other prosecution witnesses, Kim, Brad, and Jill were still alive and at the pool until 7:15pm. The timeline given by Boney of a shooting shortly after 7pm also conflicts with the prosecution's timeline, which aligns with the medical examiner's estimation of an 8pm time of death.)[9][28][29] Aside from Boney's story, no additional evidence has been recovered to connect David Camm and Charles Boney.[18]
Mala Singh Mattingly
After Mattingly's DNA was identified, she was interviewed regarding her knowledge of the crime. She told police that Charles Boney returned home after midnight on the night of the murders. "He was breathing really hard -- excited somewhat," Mattingly said. She said that he showed her a gun, had a bloody scraped knee and was sweating profusely. The next morning, she says, Boney asked her and his mother to watch news coverage regarding the murders. She testified that she left the room to shower while he and his mother began arguing.[30][31] Her blood was found mixed with Brad and Kim Camm's blood on the sweatshirt at the crime scene.[30]
Second trial
Following Boney's arrest in 2005, Camm and Boney were charged as co-conspirators in the murder of Kim and her children.[32] Boney was tried first, convicted, and sentenced to 225 years in prison.[15][33]
Camm's trial began on January 17, 2006. With the affairs now inadmissible, prosecutor Keith Henderson argued that Camm was molesting their daughter and he killed his family to cover up the crime. Their evidence was a single blunt force trauma injury to Jill's genitals.[34] A medical examiner who testified for the defense disagreed with the state's theory that it was the result of sexual abuse, arguing the child's hymen was intact and it was just one of many blunt force trauma injuries sustained by being struck during the fatal attack.[35] The prosecution presented Boney's story that Camm was the shooter but Boney was there to sell Camm a gun.[36] Camm was convicted a second time on March 3, 2006, and was sentenced to life without parole.[15][37]
Camm appealed the conviction, citing the prejudicial nature of the molestation allegations and the lack of evidence linking the injuries to Camm. The Indiana Supreme Court granted a second reversal, stating "Missing from this record is any competent evidence of the premise that the defendant molested the child."[38]
Third trial
The motive alleged by the prosecution in the third trial was the life insurance policies purchased by Kim Camm.[5][39]
Charles Boney testified against David Camm for the first time, accusing him of luring him out to the home before shooting his own family and then turning the gun on him.[26][40]
The third trial saw the introduction of new DNA evidence that wasn't presented in the first two trials. Dr. Richard Eikelenboom testified that he found touch DNA consistent with Boney in several places on the clothing of both Kim and Jill Camm. Boney's DNA was found on Kim Camm's panties, the arm of her 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 Camm's shirt. These results seem to discredit Boney's assertion that he never touched the victims. Defense co-counsel Stacy Uliana argued that if Boney physically attacked the family, which the DNA seems to suggest, it is unlikely that David is the shooter.[41]
Fourth theory of the crime
With the touch DNA evidence placing Boney in a more active role in the crime, the prosecution introduced yet another theory of the crime near the end of the third trial when Judge Dartt made a controversial ruling that the jury instructions could include an instruction allowing the jury to find Camm guilty if they believe he "aided and abetted" Boney during the murders. This instruction applied if the jury believed Camm had involvement in the murders, but was not the shooter. The defense strenuously objected to the inclusion of this instruction, citing not only the complete lack of evidence that Camm had ever even met Boney, but that the instruction violated the law against double jeopardy; Camm had been acquitted on conspiracy charges during the second trial.[42][43]
Louisville defense attorney Steve Romines criticized the move stating: "This aiding and abetting: they don't have any evidence to support it. It's really inconsistent with their proof."[44] Camm's defense attorneys argued this new theory of the crime essentially throws out the blood spatter evidence—the only major piece of forensic evidence tying Camm to the crime. Following the verdict, Richard Kammen stated: "All the sudden to say 'well if all our evidence is wrong, go ahead and convict him anyway' this jury was a smart jury, they clearly saw through that."[43][45][46]
Acquittal
On October 24, 2013, a jury found Camm not guilty of all charges.[47][48] Camm's attorney's described it as "vindication".[45] By then, NBC News reported that costs had reached an "estimated $4.5 million."[49]
Response to the case
Verdict
The public reaction to the verdict has been mixed. Many Louisville and Southern Indiana residents who lived through the extensive media coverage were surprised by the not guilty verdict in the third trial. In reaction to the verdict, a local resident stated "A lot of people are — just like I am — completely shocked, and a lot of people think that he should not be out."[50] Nationally, the Camm case has garnered a lot of attention from wrongful conviction advocacy groups who believe that the previous convictions were miscarriages of justice.[51][52] Bill Lamb, President and General Manager of WDRB, the Fox affiliate in Louisville, Kentucky, 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."[53] After the third trial, a juror, in response to the question "Do you think that they intentionally wanted to convict an innocent man?" responded "I would hope not but…I sense that the State Police had a hard time admitting that they had made a mistake."[54]
Media coverage
The case has been covered widely in the media. In January 2014, Dateline on NBC aired a two-hour special entitled Mystery on Lockart Road[17] and has been covered three times on 48 Hours on CBS. Two books have been written about the case: One Deadly Night was published in 2005, and Searching For Justice in 2013, as well as a chapter in Jane Velez-Mitchell's book Secrets Can Be Murder: The killer next door.[55][56][57]
Blood spatter
The heavy reliance on blood spatter evidence in this case was widely criticized. In his review of the case, former federal prosecutor Kent Wicker said "Blood spatter evidence has come under a lot of criticism in the past few years. In 2009 The National Academy of Sciences issued a report criticizing the scientific foundation of that." The report released by The National Academy of Sciences calls for more standardization within a number of forensic fields including blood spatter analysis. The report highlights the tendency of blood spatter analysts to overstate the reliability of their methods in the court room.[58] Dr. Robert Shaler, Founding Director of the Penn State Forensic Science Program, decried blood spatter analysis as unreliable in the Camm case. "The problem in this case is the number of stains are minimal," he said. "I think you're really on the edge of reliability." Dr. 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.[59]
Evidence of misconduct regarding the blood spatter was uncovered when, in the third trial, crime scene photographer Rob Stites testified for the defense, admitting he had perjured himself in the first two trials. Stites' assertion that the spots on David 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 helped the prosecution win Camm's convictions. He had previously testified that he was an expert blood spatter pattern analyst and a professor at Portland State University who was in the process of attaining a Ph.D. — credentials which were fabrications.[60] 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 his lack of formal training in the field or 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." Stites was not charged with perjury for his testimony in the previous two trials.[7][12]
Criticism of the prosecution
A number of legal experts have criticized the way the case was handled. Thomas Schornhorst, a professor emeritus of the Indiana University School of Law, said the case has been overturned repeatedly because they have pushed the envelope with other evidence fearing that they would not get a conviction on bloodstain evidence alone.[15] Law professor Shawn Boyne highlighted the Camm trials as an example of the problems within the American justice system. Boyne stated that the judges in these trials allowed the prosecutors to present "specious claims of motive designed to paint the defendant with a broad stroke of guilt and moral condemnation and overcome a lack of physical evidence." Boyne stated "the state overreached and that overreaching did not serve the cause of justice."[61] Louisville defense attorney Steve Romines criticized the prosecution's decision to change the theory of the crime numerous times instead of dropping the charges: "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."[44]
Camm's defense team has long been critical of their inability to present evidence of Charles Boney's involvement, particularly when the prosecution was allowed to speculate about Camm's motives. Despite Boney's history of stalking and armed violence against women, his past crimes were ruled inadmissible.[62] Local criticism was expressed during the trial in Boonville Indiana . National news reported that an act of vandalism was carried out by suspected local people. The vandals spray painted "fry Camm make bacon" in the area outside of the Warrick county judicial center.
Errors in evidence collection
By the third trial, the backbone of the defense's case was the evidence of police and prosecutorial misconduct in the case. The defense argued that the investigation was riddled by critical mistakes, both in the collection of evidence and the investigation of Boney as a suspect. The sweatshirt found at the crime scene revealed Charles Boney's DNA, his girlfriend's DNA, his prison nickname, and his department of corrections number.[63] Kim Camm's shoes were also lined up on the top of the vehicle; Boney has a long history of fetish driven assaults that included the theft of shoes. It is unclear how the investigative team missed these pieces of evidence during the initial investigation. The defense team was told that the evidence had been thoroughly investigated.[64]
Errors in the investigation of Charles Boney
The defense argued that the police should have also taken notice when Boney's story went through so many revisions. They 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.[18][26] Defense witness Dr. Kim Rossmo, a criminal justice professor at Texas State University, testified that Boney was never investigated properly and that his claims were never independently verified. Instead of treating Boney like a suspect, "They treated him as an anomaly to their theory, that somehow had to be explained away", adding, "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." He testified that the majority of the oversights during the investigation were caused by confirmation bias: a tendency to believe information that confirms your preconceived notions and place less weight on information that doesn't. Rossmo argued that the police were swayed by the early misleading evidence and came to the conclusion that Camm was guilty before any of the forensic evidence was examined. He believes 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.[65][66] Ultimately, the jurors in the third trial believed the defense's criticisms of the investigation: "They tried to make the evidence fit their theory of the case," a juror said in interview.[1]
Lead defense attorney Richard Kammen accused 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. During interrogations, he was reminded on several occasions of the likelihood of getting the death penalty on the basis of his race and that the best way to avoid the death penalty was to testify against David Camm.[5][18][67] The defense cited a suspicious series of undocumented and unrecorded phone calls—33 in all—between Boney and the Floyd County Prosecutor's office in the two-week span between his DNA being identified and his arrest.[68][69]
Evidence tampering allegations
Another allegation that surfaced involved a distant relative of Charles Boney named Myron Wilkerson. Wilkerson was a police officer but was not assigned to the case. He met with Boney privately at the station following his arrest. Two months later, it was learned that Wilkerson had removed Kim Camm's phone from the evidence room without signing it out and taken it to his residence.[70][71]
Witness tampering allegations
In addition to testimony by Rob Stites alleging subornation of perjury, several other allegations of witness tampering surfaced during the case. Lynn Scamahorn, a DNA analyst from the Indiana State Police claimed that during the first trial former Floyd County Prosecutor Stan Faith threatened her when she refused to perjure herself that she found Camm's DNA on Charles Boney's sweatshirt.[72] Fingerprint analyst John Singleton reported a similar encounter. He claims Faith wanted him to "shade the truth" while testifying regarding the then unidentified palm print on Kim Camm's Bronco later determined to belong to Charles Boney.[73]
The defense also accused the state of witness tampering and presenting false and misleading testimony regarding the molestation allegations. During the first trial, the prosecution alleged that the injuries Jill sustained happened during the attack, as testified to by the state medical examiner. During the second trial, they altered their timeline to implicate Camm instead of Boney on the basis of testimony by a single witness who changed their theory at the last minute. "Dr. Spivack, before in her deposition, told us that the injuries occurred near the time of death due to the painful nature of them. Today, on the stand, she backtracked to fit the state's theory." said Defense attorney Stacy Uliana.[74] Following the verdict, the jurors explained that they made their decision largely on the molestation allegations, specifically, the testimony of Spivack, who testified that the child was molested several hours prior to her death instead of during the attack.[75] DNA analyst Lynn Scamahorn also claimed the prosecutor also attempted to get her to commit perjury by testifying that lab results indicate the comforter from the master bedroom in the Camm household contained vaginal secretions or saliva from Jill to help bolster their claims that Jill had been molested; no such test exists.[76]
The fraudulent testimony of Rob Stites and the attempted coercion of Lynne Scamahorne were featured in a forensic textbook called Forensic Fraud: Evaluating Law Enforcement and Forensic Science Cultures in the Context of Examiner Misconduct.[77]
Personal life
In December 2013, Camm gave his first local media interview following the verdict.[78] Camm attempted to clear up the misconceptions regarding Boney's criminal history: "The thing that people need to know about Boney ... 11 previous 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, Indiana. 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."
Camm also announced that he had been hired as a case coordinator for Investigating Innocence, a national nonprofit that provides criminal-defense investigations for inmates.[78] Camm reports that he has forged a friendship with the third trial jurors.[79] In early December 2013, he met with jurors from the third trial over dinner at a cafe in Lebanon, Indiana.[80]
Lawsuits
David Camm is facing a civil suit filed by his late wife's parents over the estimated $625,000 Camm is set to collect from life insurance and Kim Camm's 401K fund.[81] Frank and Janice Renn steadfastly maintain their belief in Camm's guilt.[82]
In May 2014, Camm served notice of his intention to sue Floyd County and the State of Indiana for $30 million.[83] In January 2018, Camm's civil rights lawsuit against members of the Indiana State Police, prosecutors, and other officials, was dismissed by a US District Court. In explaining the ruling, the court explained it believed there was probable cause to charge Camm with murder and because of Indiana's Tort Claims Act, some of the defendants were immune to liability.[84]
In 2005, prosecution witness Rod Englert filed a lawsuit against several of the defense witnesses in the libel case. The lawsuit accused the defendants of saying Englert embellished his credentials, misrepresented his qualifications and experience, and provided false testimony in court. Englert had testified for the prosecution that Camm had high velocity blood spatter on the shirt he was wearing the night of the murders.[85]
See also
- Innocence Project
- List of miscarriage of justice cases
- List of wrongful convictions in the United States
- Overturned convictions in the United States
- Clarence Elkins
- Shareef Cousin
- Juan Rivera
References
- ^ a b Schlessinger, Richard. "David Camm: Ex-trooper speaks to "48 Hours" following acquittal in triple murder". CBS.
- ^ Weiss, Jaimie (2013-01-23). "Latest evidence in third David Camm murder trial focused on Charles Boney". wave3.com.
- ^ a b c d e "David Camm v. State of Indiana" (PDF). Court of Appeals of Indiana. 2011-11-15.
- ^ a b c d Schlessinger, Richard (December 9, 2006). "Murder on Lockhart road". CBS News.
- ^ a b c Kircher, Travis. "David Camm Blog: Opening Statements". WDRB. Retrieved January 1, 2014.
- ^ Kircher, Travis. "David Camm Blog: Tears". WDRB. Retrieved January 3, 2014.
- ^ a b c d "Witness admits misleading jurors in David Camm's previous murder trials". Courier Journal. September 24, 2013.
- ^ a b c Schlesinger, Richard (2013-01-12). "CBS 48 Hours: Walking Free". CBS News.
- ^ a b Kozarovich, Lisa Hurt (2006-06-29). "State of Indiana vs. David Camm". New Albany Tribune. Retrieved January 5, 2014.
- ^ McKay, Mary-Jayne. "The Alibi: reasonable doubt". CBS News. Retrieved January 3, 2014.
- ^ Kircher, Travis (October 10, 2013). "David Camm Blog: investigation under fire". WDRB.
- ^ a b Kircher, Travis. "David Camm Blog: Uncle Sam". WDRB. Retrieved January 3, 2014.
- ^ "Camm trial: 9/11: Pattern Analyst: Spatter size, blood flow show only Camm could have been family's killer". wave3. Retrieved January 3, 2014.
- ^ Kircher, Travis (October 17, 2013). "David Camm Blog: Final Witnesses". WDRB.
- ^ a b c d e f Hershberg, Ben Zion (2010-09-27). "On both sides, the pain remains". Courier-Journal. pp. A4.
- ^ 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.
- ^ a b "Mystery on Lockhart Road". NBC. January 2014.
- ^ a b c d e Eisenmenger, Sarah (September 9, 2013). "Convicted Killer Charles Boney says David Camm was the shooter". wave3.
- ^ Harned, Carrie (February 25, 2005). "Charles Boney's first media interview". wave3. Retrieved January 5, 2014.
- ^ Lane, Laura. "Police arrest shoe bandit suspect". Herald Times.
- ^ Kozarovich, Lisa Hurt (February 10, 2006). "Details of Last Moments Upset Courtroom". News and Tribune.
- ^ Harned, Carrie. "Boney says he has alibi for night camm family was killed". Wave3. Retrieved January 17, 2014.
- ^ Ali, Amany (November 1, 2005). "Boney wants statements suppressed". News and Tribune.
- ^ Boyd, Boyd. "Database could have tried Boney to murders at time of crime, not years later". wave3. Retrieved January 3, 2014.
- ^ a b Tang, Jeff. "Prosecutor In First Camm Trial Knew Boney But Says Case Wasn't Influenced". Wave 3.
- ^ a b c d Kircher, Travis. "David Camm Blog: Charles Boney testifies, part 2". WDRB. Retrieved January 1, 2014.
- ^ Kircher, Travis. "David Camm Blog: Charles Boney testifies". WDRB. Retrieved January 1, 2014.
- ^ a b Kircher, Travis. "David Camm Blog: Inquisitive Jurors". WDRB. Retrieved January 1, 2014.
- ^ Alter, Marissa (October 16, 2013). "Camm Trial in Review". WLKY.
- ^ a b Kircher, Travis (September 17, 2013). "David Camm Blog: Ex-girlfriend problems". WDRB.
- ^ Godfrey, Courtney (September 17, 2013). "Boney's ex-girlfriend testifies in Camm trial". WDRB.
- ^ Adams, Harold J. (2011-02-18). "David Camm's attorney's appeal ruling, seek prosecutor's removal". Courier Journal, page B1.
- ^ "Opinion for publication" (PDF). Court of Appeals of Indiana. 2008-01-28.
- ^ Schneider, Grace. "Camm trial begins in Warrick County". Courier-Journal.
- ^ Zambroski, James. "Camm jurors say they were swayed by medical evidence". wave3. Retrieved January 3, 2014.
- ^ Gapsis, Greg (January 18, 2006). "Juror hears Boney interview". News and Tribune.
- ^ "Camm and family speak out at sentencing". News and Tribune. 2006-03-29.
- ^ Thacker, Matt. "David Camm's murder conviction overturned by supreme court". Indiana News and Tribune. Retrieved January 3, 2014.
- ^ Alter, Marissa (August 22, 2013). "Judge denies motion for mistrial in David Camm murder case". WLKY.
- ^ Odendahl, Marilyn (January 29, 2014). "Every defendant has a story". The Indiana Lawyer.
- ^ Boyd, Gordon. "Prosecutors smack Touch DNA favorable to Camm as unreliable". Wave3. Retrieved January 1, 2014.
- ^ Kircher, Travis. "Camm attorneys, prosecutors argue about jury instructions". WDRB. Retrieved January 1, 2014.
- ^ a b Alter, Marissa (October 22, 2013). "Prosecution, defense argue jury instructions". WLKY. Retrieved 5 January 2014.
- ^ a b "Interview: Steve Romines on possibility of a guilty verdict being overturned again". WHAS11. Retrieved January 1, 2014.
- ^ a b "Camm verdict: Defense attorneys relieved at acquittal". wlky. October 24, 2013.
- ^ Kircher, Travis. "David Camm Blog: closing arguments". WDRB. Retrieved January 1, 2014.
- ^ David Camm verdict: NOT GUILTY, WDRB TV, October 24, 2013
- ^ Schneider, Grace. "David Camm found not guilty in family's murders". Louisville Courier-Journal. Retrieved October 24, 2013.
- ^ Arkin, Daniel (October 31, 2013). "Ex-trooper's murder trials drained millions from cash-strapped Indiana county". NBC News.
- ^ Boxley, Mark (October 24, 2013). "David Camm's acquittal brings shock in New Albany". The Courier Journal.
- ^ "David Camm". Wrongful Conviction News. Retrieved January 5, 2014.
- ^ "Anyone can be convicted of a crime". Stop Wrongful Convictions. Retrieved January 5, 2014.
- ^ Lamb, Bill. "Uncertain Justice Revisited". WDRB. Retrieved January 3, 2014.
- ^ Larosa, Paul (2013-11-13). "Juror's insights on David Camm acquittal at 3rd murder trial". CBS News.
- ^ Velez-Mitchell, Jane (June 10, 2008). Secrets Can be murder: the killer next door. Touchstone. ISBN 074329937X.
- ^ Abbott, William (2013-12-17). Searching for justice: the trials of David. Tate Publishing. ISBN 978-1-62510-601-8.
- ^ Glatt, John (May 2005). One Deadly Night. St. Martin's Paperbacks. ISBN 9780312993092.
- ^ Moore, Solomon (February 4, 2009). "Science found wanting in nation's crime labs". New York Times.
- ^ Kircher, Travis. "David Camm blogsite: Our own little experience". WDRB. Retrieved January 1, 2014.
- ^ Spieth-Saylor, Jo Ann (January 23, 2002). "Camm case gets technical with 'expert' testimony". Corydon Democrat.
- ^ Boyne, Shawn (October 25, 2013). "David Camm trial illustrates problems with American justice system". Indianapolis Star.
- ^ Atkinson, Joe (May 2006). "Trials by fire". Louisville Magazine.
- ^ Boyd, Gordon (September 10, 2013). "Camm trial 9/10: Defense finds inconsistencies but can't touch Boney's past". WBRC.
- ^ Kircher, Travis. "David Camm Blog: the part the jury didn't hear". WDRB. Retrieved January 1, 2014.
- ^ "David Camm Blog: Investigation under fire". WDRB. October 10, 2013.
- ^ White, Charlie (October 11, 2013). "David Camm won't testify in third murder trial, lawyer says". Courier Journal.
- ^ Wilson, Charlie (September 10, 2013). "Testifying at Camm trial, Boney admits his story has changed several times". The Courier Press.
- ^ Kircher, Travis (October 9, 2013). "David Camm Blog: Numbers on Charles Boney's phone". WDRB.
- ^ White, Charlie (October 8, 2013). "David Camm Witnesses". Courier Journal.
- ^ Boyd, Gordon (September 19, 2013). "State Rests after Camm bares arm to jury". Wave3.
- ^ Kircher, Travis. "David Camm Blog: tattoo dilemma". WDRB. Retrieved January 1, 2014.
- ^ 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.
- ^ Boyd, Gordon (August 27, 2013). "Camm Trial 8/26/13: Wife, children died within minutes, even seconds of wounds from 'cheap' handgun". 14 News.
- ^ Zambroski, James (February 13, 2006). "Camm Judge Dismisses Conspiracy Charge; Witness Says Jill Camm Was Molested Earlier Than Thought". Wave 3.
- ^ Kozarovich, Lisa Hurt (2006-03-07). "Camm jury explains verdict". News and Tribune.
- ^ Turvey, Brent (July 12, 2013). Ethical Justice: Applied Issues for Criminal Justice Students and Professionals. Academic Press. ISBN 0124045979.
- ^ 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.
- ^ a b Johnson, Stephan. "David Camm Speaks". WDRB. Retrieved 3 January 2014.
- ^ McCutcheon, Matt (April 23, 2014). "Six months after acquittal, David Camm speaks publicly for the first time". WTHR 13.
- ^ Alter, Marissa. "David Camm meets with jurors". wlky. Retrieved January 3, 2014.
- ^ "David Camm still faces two civil suits after murder". WTHR. Retrieved January 2, 2014.
- ^ Kircher, Travis. "Frank & Janice Renn Q&A". WDRB. Retrieved January 3, 2014.
- ^ Johnson, Stephan (May 1, 2014). "David Camm to sue Floyd Co. and Indiana for $30M". WDRB.
- ^ Kircher, Travis. "DISMISSED: US federal court drops $30 million lawsuit brought by David Camm". Retrieved 2018-05-27.
- ^ Kozarovich, Lisa Hurt (February 7, 2006). "Camm experts courting their own troubles Blood stain expert sued colleagues testifying in Camm case". News and Tribune.
External links
- Probable Cause Affidavit at Justice for David Camm
- Trial Blog at WDRB
- Post acquittal interview with David Camm
- 48 hours episode "Walking Free"
- Dateline episode "Mystery on Lockart Road"
- Defense investigator interview with Boney prior to arrest
- Living people
- Boone County, Indiana
- People from Floyd County, Indiana
- American state police officers
- Overturned convictions in the United States
- Trials in the United States
- Police misconduct in the United States
- People wrongfully convicted of murder
- Perjury
- Wrongful conviction advocacy
- Evidence tampering
- False evidence
- Criminal trials that ended in acquittal
- People acquitted of murder