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{{Short description|American police officer wrongfully convicted of murder (born 1964)}} | |||
{{Infobox criminal | |||
{{Multiple issues| | |||
|image_name = | |||
{{tone|date=January 2022}} | |||
| name = David Camm | |||
{{lead too short|date=September 2022}} | |||
| image_size = | |||
| image_caption = | |||
| birth_date ={{Birth date and age|1964|03|23}} | |||
| birth_place = ], ] | |||
| death_date = | |||
| death_place = | |||
| conviction = Not currently convicted of any crime, indicted and tried twice for triple murder | |||
| conviction_penalty = Not convicted | |||
| conviction_status = In custody awaiting a third trial | |||
}} | }} | ||
'''David Camm''' (born March 23, 1964) is a former ] due to be tried for a third time for killing his wife Kim Camm, 35 and the couple's two children Brad, 7, and Jill, 5, at their ] home on Thursday, September 28, 2000.<ref name ="wave2013">{{cite news|url=http://www.wave3.com/story/20661668/latest-evidence-in-third-david-camm-murder-trial-focused-on-charles-boney|title=Latest evidence in third David Camm murder trial focused on Charles Boney|date=2013-01-23|author=Weiss, Jaimie|publisher=wave3.com}}</ref> Camm has been in custody, mostly at the ] near Indianapolis, except in early 2005 when he was out on bond between his first and second trials.<ref name="cj-07-10">{{cite news|title=On both sides, the pain remains|author=Hershberg, Ben Zion|date=2010-09-27|publisher=Courier-Journal|pages=A4}}</ref> | |||
{{Infobox person | |||
==Arrest and Indiction October 2000 == | |||
| name = David Camm | |||
On October 1, 2000 Camm was arrested by ] and charged with three counts of murder.<ref name="cj-07-10" />. The time of death was thought to be soon after 9:15pm - the ] listed 10 points of evidence, including a statement by a witness that between 9:15p.m. and 9:30p.m. she heard three distinct sounds that could be interpreted as gunshots.<ref name="glatt"/> | |||
| image = David Camm 2014.jpg | |||
| caption = | |||
| birth_date = {{birth date and age|1964|3|23}} | |||
| birth_place = Floyd Memorial Hospital, ], ] | |||
| known_for = Retired Indiana state trooper tried three times for the murders of his wife and two children (two reversed convictions, acquitted after third trial).<br/> | |||
Responding officer to the discovery of ]'s body. | |||
}} | |||
'''David Ray Camm''' (born March 23, 1964)<ref> (St. Martin's Paperbacks, 2005); {{ISBN|9780312993092}}, pg. 8</ref> is a former trooper of the ] (ISP) who spent 13 years in prison after twice being wrongfully ] of the murders of his wife, Kimberly, and his two young children at their home in ], ], on September 28, 2000. He was released from custody in 2013 after his third trial resulted in an ]. Charles Boney is currently serving time for the murders of Camm's wife and two children. | |||
On October 3, 2000 The Lexington Herald reported "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".<ref>{{cite news|publisher=Lexington Herald|date=2000-10-3|title=Police Charge Man in Deaths of Wife, Kids Ex-Indiana State Trooper Held in Triple Homicide}}</ref> | |||
==Initial investigation== | |||
==Trials and Appeals== | |||
Police were summoned to the Camm residence shortly after 9:30{{nbsp}}p.m. on September 28, 2000, to find Kim, Bradley, and Jill Camm shot to death in the garage of their home. David Camm told police that he returned home from playing basketball at a nearby church and found his wife shot to death on the garage floor. He then saw his daughter, Jill, sitting upright in the backseat, still strapped in her seatbelt. Brad was draped over the driver's side of the backseat as though he had been trying to get away from the assailant. Since both Kim and Jill had been shot through the head, Camm stated that he thought his son, who had no head injuries, might still be alive, so he entered the passenger front of the Bronco, went through the two front bucket seats and grabbed his son, taking him out, putting him on the garage floor, and giving him ].<ref name="David Camm v. State of Indiana"/> In the process, Camm had placed his left knee in the middle of the back seat, causing Jill's head and body to slump forward and to the left, contacting Camm's T-shirt. Bradley Camm was found lying on the garage floor and a later autopsy found he had been shot through his torso, severing his spine. | |||
===First Trial - January 14 to April 11, 2002=== | |||
Camm's first trial began on January 14, 2002 in Floyd County with a jury brought in from ]. | |||
Unseen in the darkened garage and not collected by evidence technicians was a gray sweatshirt bearing the name of BACKBONE in the collar. An ISP lab analyst later found unidentified female DNA on the front of the shirt and a private lab, hired by Camm's defense attorney Mike McDaniel, found unidentified male DNA in the collar. The blood and DNA of Kim Camm had also been discovered on that same sweatshirt.<ref name="Lockhart road" /> | |||
The medical examiner estimated the family was killed about 8 p.m.<ref name="tribune"/>, contrary to the probable cause. | |||
===First theory of the crime=== | |||
The prosecution 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.<ref name="cj-07-10" /> | |||
Many false leads hampered the investigation of the murders. The theory of the crime at the time of the ] was that Camm returned home from playing ], shot his family, and attempted a clean-up before abandoning this and calling the ] State Police post for help.<ref name="Kircher"/><ref>{{cite web|last=Kircher|first=Travis|title=David Camm Blog: Tears|url=http://www.wdrb.com/story/23532556/david-camm-blog|work=WDRB|date=25 September 2013 |accessdate=January 3, 2014}}</ref> Rob Stites, a ] who was believed by the police to be a blood-spatter analyst, told police there was a clean-up at the crime scene and ] on the shirt Camm was wearing.<ref name="courier-journal.com">{{cite news|title=Witness admits misleading jurors in David Camm's previous murder trials|url=http://www.courier-journal.com/article/20130924/NEWS02/309240059/Witness-admits-misleading-jurors-David-Camm-s-previous-murder-trials|newspaper=Courier Journal|date=September 24, 2013|archive-url=https://archive.today/20140128184302/http://www.courier-journal.com/article/20130924/NEWS02/309240059/Witness-admits-misleading-jurors-David-Camm-s-previous-murder-trials|archive-date=January 28, 2014|url-status=dead}}</ref> Another piece of seemingly incriminating evidence was a phone bill indicating Camm had made a phone call from the residence at 7:19{{nbsp}}p.m. on the evening of the murder. He claimed to be playing basketball at the church from 7:00{{nbsp}}p.m. to approximately 9:30{{nbsp}}p.m. that evening. Camm also had a history of infidelity, which police believed was the ] for the murders.<ref name="David Camm v. State of Indiana">{{cite web|url=http://www.in.gov/judiciary/opinions/pdf/11151101jgb.pdf|title=David Camm v. State of Indiana|publisher=Court of Appeals of Indiana|date=2011-11-15}}</ref><ref name="Schlesinger, Richard">{{cite news|url=http://www.cbsnews.com/news/david-camm-walking-free|title=CBS 48 Hours: Walking Free|author=Schlesinger, Richard|author-link=Richard Schlesinger (journalist)|date=2013-01-12|work=CBS News}}</ref> | |||
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.<ref name="Schlesinger, Richard"/> Based on the ] and other evidence, the time of death was determined to be around 8:00{{nbsp}}p.m., far earlier than the original estimate of 9:30{{nbsp}}p.m.<ref name="David Camm v. State of Indiana"/> giving Camm an alibi.<ref name="Kozarovich">{{cite news|last=Kozarovich|first=Lisa Hurt|title=State of Indiana vs. David Camm|url=http://www.newsandtribune.com/clarkcounty/x519395825/State-of-Indiana-vs-David-Camm-a-look-at-both-sides|accessdate=January 5, 2014|newspaper=New Albany Tribune|date=2006-06-29}}</ref> The phone call that seemed to prove Camm was lying about his ] was disproven. The phone company discovered the inaccuracy stemmed from the confusion regarding ]. The call was made an hour earlier, at 6:19{{nbsp}}p.m.<ref name="courier-journal.com"/><ref name="Schlesinger, Richard"/><ref name="cbsnews">{{cite news|last=McKay|first=Mary-Jayne|title=The Alibi: reasonable doubt|url=http://www.cbsnews.com/news/the-alibi-reasonable-doubt-10-10-2002|work=CBS News|accessdate=January 3, 2014}}</ref><ref>{{cite news|last=Kircher|first=Travis|title=David Camm Blog: investigation under fire|url=http://www.wdrb.com/story/23663669/david-camm-blog-investigation-under-attack|newspaper=WDRB|date=October 10, 2013}}</ref> | |||
Eleven witnesses testified that they were in the gym with Camm on the night of the murders from 7 to 9 p.m. Nine of ten basketball players testified they never saw Camm leave or return to the gym, in which all the doors except the front one are self-locking. The players said they would have noticed Camm’s absence if they hadn’t seen him every few minutes. Several players said they noticed Camm stretching on the sidelines and sitting in a chair talking to a spectator during the game he sat out.<ref name="tribune">{{cite news|title=State of Indiana vs. David Camm — a look at both sides|url=http://newsandtribune.com/clarkcounty/x519395825/State-of-Indiana-vs-David-Camm-a-look-at-both-sides|author=Kozarovich, Lisa Hurt|date=2009-06-29|publisher=New Albany Tribune}}</ref> | |||
The clean-up at the crime scene and the blood spatter on David's shirt were also questioned. It was discovered that there was not, in fact, a crime scene clean-up but the usual separation of blood when exposed to air for a while. Several other areas that Stites had claimed to be high-velocity impact spatter found at the crime scene were inaccurate interpretations, calling into question Stites' abilities.<ref name="courier-journal.com"/><ref name="uncle sam">{{cite web|last=Kircher|first=Travis|title=David Camm Blog: Uncle Sam|url=http://www.wdrb.com/story/23520116/david-camm-blog-uncle-sam|work=WDRB|date=24 September 2013 |accessdate=January 3, 2014}}</ref> | |||
The prosecution argued that Camm snuck out, drove 5-minutes to his home, shot his wife and children in the home’s garage when they returned from swim and dance practice, manipulated the crime scene, and drove back to the gym to play more basketball, establishing an alibi. <ref name="tribune"/> | |||
Investigators stated that they investigated the foreign DNA on the sweatshirt found at the crime scene. However, there were no matches when it was run through ].<ref name="Lockhart road"/> | |||
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.<ref name=appealopinion1>{{cite web|url=http://www.in.gov/judiciary/opinions/previous/wpd/08100401.mpb.doc|title=David Camm v. State of Indiana - Opinion|publisher=Court of Appeals of Indiana|date=2004-08-10}}</ref><ref name=glatt/> | |||
===Second theory of the crime=== | |||
The jury found Camm guilty on March 17, 2002 and he was sentenced to 195 years in prison on April 11, 2002. <ref name="cj-07-10" /> | |||
The discovery that the time of the murder was over an hour earlier than previously thought meant that Camm now had an alibi. Eleven witnesses told police he was with them playing basketball from 7:00{{nbsp}}p.m. until after 9:00{{nbsp}}p.m.<ref name="David Camm v. State of Indiana"/> 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.<ref name="Lockhart road"/> | |||
==Trials and appeals== | |||
=== First Appeal - August to November 2004=== | |||
===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 a high-velocity impact spatter, proving he was the shooter. Defense experts assert that the pattern was caused by transfer when his shirt had contact with Jill's hair as he was removing his son from the vehicle.<ref>{{cite web|title=Camm trial: 9/11: Pattern Analyst: Spatter size, blood flow show only Camm could have been family's killer|url=http://www.wave3.com/story/23409155/pattern-analyst-spatter-size-blood-flow-show-only-camm-could-have-been-familys-killer|work=wave3|date=12 September 2013 |accessdate=January 3, 2014}}</ref> Bart Epstein, a bloodstain analyst for the defense, stated that there's some overlap between the appearance of different types of stains of blood spatter, and analysts need to consider other aspects of the stain to determine the cause. In this case, the number of bloodstains 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.{{citation needed|date=March 2022}} | |||
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.<ref name="Lockhart road">{{cite news|last=Schlessinger|first=Richard|title=Murder on Lockhart road|url=http://www.cbsnews.com/news/murder-on-lockhart-road/|newspaper=CBS News|date=December 9, 2006}}</ref><ref name="Final witnesses">{{cite news|last=Kircher|first=Travis|title=David Camm Blog: Final Witnesses|url=http://www.wdrb.com/story/23716198/david-camm-final-witnesses|newspaper=WDRB|date=October 17, 2013}}</ref> Nevertheless, he was convicted.<ref name="cj-07-10">{{cite news|title=On both sides, the pain remains|author=Hershberg, Ben Zion|date=2010-09-27|publisher=Courier-Journal|pages=A4}}</ref> | |||
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.<ref name="cj-07-10"/><ref>{{cite news|title=Camm slayings: 10 years later: Prosecutor's book deal spurs effort to oust him from ex-Indiana trooper's third trial|author=Hershberg, Ben Zion|date=2010-09-27|publisher=Courier-Journal}}</ref><ref name=appealopinion1/> | |||
In August 2004, the Indiana ] overturned the conviction. The court cited the trial judge's decision to allow ] 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 didn't adequately connect those relationships with the murders.<ref name="David Camm v. State of Indiana"/><ref name="cj-07-10"/><ref>{{cite news|title=Camm slayings: 10 years later: Prosecutor's book deal spurs effort to oust him from ex-Indiana trooper's third trial|author=Hershberg, Ben Zion|date=2010-09-27|publisher=Courier-Journal}}</ref> In November 2004, ] Keith Henderson refiled ] against Camm.<ref name="cj-07-10"/> | |||
In Novermber 2004 prosecutor Keith Henderson refiled charges against Camm.<ref name="cj-07-10" /> | |||
===Discovery of a second suspect=== | |||
=== Charles Boney - Arrest and Indiction=== | |||
In early 2005, the defense asked that ] from two unknown persons found on the sweatshirt at the crime scene be run through ] again. Defense lawyers claim the prosecution refused until they were finally compelled to by a court order.<ref name="Mystery on Lockhart Road">{{cite news|title=Mystery on Lockhart Road|url=http://www.nbcnews.com/video/dateline/54240184/#54240184|newspaper=NBC|date=January 2014}}</ref> A match was found for the male DNA and it was discovered 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. | |||
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 at last run through a national database and there was a match - Charles Boney. Boney was a convicted felon - in 1989, he was convicted of three counts of robbery and one count of attempted robbery in Bloomington, Indiana. Then, in 1993, he was sentenced to 20 years for three counts of armed robbery and three counts criminal confinement. By then, Boney was using a gun to threaten his victims. He blamed it on being "young ... foolish and ignorant." <ref name="boney1">{{cite news|url=http://www.wave3.com/story/3005735/charles-boneys-first-media-interview|title=Charles Boney's First Media Interview|publisher=wave3.com|author=Harned,Carrie|date=2005-02-25}}</ref> | |||
Charles Boney, a convicted ] from nearby ], was identified as the owner of the sweatshirt. He was out on ] 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.<ref name="wave3.com"/> The most recent attack was the ] and attempted ] of three women at gunpoint.<ref>{{cite news|last=Harned|first=Carrie|title=Charles Boney's first media interview|url=http://www.wave3.com/story/3005735/charles-boneys-first-media-interview|accessdate=January 5, 2014|newspaper=wave3|date=February 25, 2005}}</ref> | |||
On February 25 2005, Boney spoke to WAVE 3 to try to explain how his sweatshirt came to be found at the scene of a triple murder. Boney admitted that it was his sweatshirt, but said he got rid of the sweatshirt shortly 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." <ref name="boney1"/> | |||
In some cases, there was evidence of stalking; some of Boney's previous victims had reported receiving harassing phone calls for a couple of months prior to the attacks asking them what they were wearing and if they were wearing high-heeled shoes.<ref>{{cite news|last=Lane|first=Laura|title=Police arrest shoe bandit suspect|newspaper=Herald Times}}</ref> He had previously admitted to police that he had a ], 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.<ref>{{cite news|last=Kozarovich|first=Lisa Hurt|title=Details of Last Moments Upset Courtroom|url=http://www.newsandtribune.com/davidcamm/x519353410/Details-of-last-moments-upset-courtroom|newspaper=News and Tribune|date=February 10, 2006}}</ref> Boney was interviewed and took a ], 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.<ref>{{cite news|last=Harned|first=Carrie|title=Boney says he has alibi for night camm family was killed|url=http://www.wave3.com/story/3010548/boney-says-he-has-alibi-for-night-camm-family-was-killed|accessdate=January 17, 2014|newspaper=Wave3}}</ref> Two weeks later, his palm print was discovered on Kim's vehicle and he was arrested.<ref>{{cite news|last=Ali|first=Amany|title=Boney wants statements suppressed|url=http://www.newsandtribune.com/davidcamm/x519351197/Boney-wants-statements-suppressed/print|newspaper=News and Tribune|date=November 1, 2005}}</ref> | |||
Boney's estranged wife, also talked with WAVE 3. She admitted Boney beat her, threatened her life, and even used a stun gun on her. But she stood by his side. "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." <ref name="boney1"/> | |||
The other DNA sample was later identified as belonging to Mala Singh Mattingly, Boney's then-girlfriend.<ref>{{cite web|last=Boyd|first=Boyd|title=Database could have tried Boney to murders at time of crime, not years later|url=http://www.wave3.com/story/23283468/ccamm-trial-828-database-could-have-tied-boney-to-murders-at-time-of-crime-not-years-later|work=wave3|date=29 August 2013 |accessdate=January 3, 2014}}</ref> | |||
Just days later, Boney's story changed. Confronted with his palm print matched to one on Kim Camm's Ford Bronco, he claimed to investigators that he sold a gun to David Camm. Later he admitted to being at the Camm family home when the shootings happened. <ref>{{cite news|url=http://www.wave3.com/story/4553833/more-of-charles-boneys-first-interview|title=More Of Charles Boney's First Interview|author=MacDonald,Janelle|}}</ref> | |||
It was discovered after his arrest that Stan Faith, the prosecutor in Camm's first trial, was Boney's attorney. During questioning, Boney asked to be represented by Faith but was told it was a ].<ref name=Tang>{{cite news|last1=Tang|first1=Jeff|title=Prosecutor In First Camm Trial Knew Boney But Says Case Wasn't Influenced|url=http://www.wave3.com/story/4417198/prosecutor-in-first-camm-trial-knew-boney-but-says-case-wasnt-influenced|agency=Wave 3}}</ref><ref name="Charles Boney II"/> Boney admits to having discussed the case with Faith prior to becoming a suspect in the case.<ref name="Charles Boney II">{{cite web|last=Kircher|first=Travis|title=David Camm Blog: Charles Boney testifies, part 2|url=http://www.wdrb.com/story/23396615/david-camm-blog-charles-boney-part-ii|publisher=WDRB|accessdate=January 1, 2014|archive-date=February 1, 2014|archive-url=https://web.archive.org/web/20140201153512/http://www.wdrb.com/story/23396615/david-camm-blog-charles-boney-part-ii|url-status=dead}}</ref><ref>{{cite web|last=Kircher|first=Travis|title=David Camm Blog: Charles Boney testifies|date=9 September 2013 |url=http://www.wdrb.com/story/23385778/david-camm-blog-charles-boney|publisher=WDRB|accessdate=January 1, 2014}}</ref> 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."<ref name=Tang/> | |||
On March 5, 2005, Boney was arrested and charged with the deaths of Kimberly, Jill, and Bradley Camm.<ref name=wave3timeline>{{cite web|url=http://www.wave3.com/Global/story.asp?s=3042833&clienttype=printable|title=Timeline Of Events In Camm Triple Murder Case|publisher=wave3.com}}</ref> | |||
=== |
===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 admitted to placing the shoes on the vehicle, but claims he did it only coincidentally and not related to his foot fetish. Boney claims that on September 28 he arrived at 7:00{{nbsp}}p.m. to meet Camm at the Camm residence to sell him a weapon—a meeting they arranged through chance meetings and without the use of a telephone. He handed Camm the weapon wrapped in his gray sweatshirt that was later found at the crime scene. Within seconds, Kim arrived home in her ], Camm followed the Bronco into the garage and Boney heard 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.<ref name="wave3.com"/><ref name="inquisitive jurors">{{cite web|last=Kircher|first=Travis|title=David Camm Blog: Inquisitive Jurors|date=23 August 2013 |url=http://www.wdrb.com/story/23242486/david-camm-blog-inquisitive-jurors|publisher=WDRB|accessdate=January 1, 2014}}</ref> | |||
(''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.)<ref name="Kozarovich"/><ref name="inquisitive jurors"/><ref>{{cite news|last=Alter|first=Marissa|title=Camm Trial in Review|url=http://www.wlky.com/news/local-news/david-camm/camm-trial-in-review/-/10124124/22429352/-/jw7jml/-/index.html|newspaper=WLKY|date=October 16, 2013|access-date=January 19, 2014|archive-date=February 3, 2014|archive-url=https://web.archive.org/web/20140203123030/http://www.wlky.com/news/local-news/david-camm/camm-trial-in-review/-/10124124/22429352/-/jw7jml/-/index.html|url-status=dead}}</ref> | |||
Aside from Boney's story, no additional evidence has been recovered to connect Camm and Boney.<ref name="wave3.com"/> | |||
===Mala Singh Mattingly=== | |||
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.<ref name=wave3timeline/> | |||
After Mattingly's DNA was identified, she was interviewed regarding her knowledge of the crime. She told police that 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.<ref name="ex-girlfriend problems">{{cite news|last = Kircher|first = Travis|title = David Camm Blog: Ex-girlfriend problems|url = http://www.wdrb.com/story/23458644/david-camm-blog-ex-girlfriend-problems|newspaper = WDRB|date = September 17, 2013}}</ref><ref name=ex-girlfriend>{{cite news|last=Godfrey|first=Courtney|title=Boney's ex-girlfriend testifies in Camm trial|url=http://www.wdrb.com/story/23452679/boneys-ex-girlfriend-testifying-in-camm-trial|newspaper=WDRB|date=September 17, 2013}}</ref> Her blood{{Clarify|date=March 2022}} was found mixed with Brad and Kim Camm's blood on the sweatshirt at the crime scene.<ref name="ex-girlfriend problems" /> | |||
===Second trial=== | |||
On May 28th, 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.<ref name=wave3timeline/> | |||
Following Boney's arrest in 2005, Camm and Boney were charged as ] in the murder of Kim and her children.<ref name="Adams">{{cite news|last=Adams|first=Harold J.|title=David Camm's attorney's appeal ruling, seek prosecutor's removal|newspaper=Courier Journal, page B1|date=2011-02-18}}</ref> Boney was tried first, convicted, and sentenced to 225 years in prison.<ref name="cj-07-10"/><ref name="boney_appeal">{{cite web|url=http://www.in.gov/judiciary/opinions/pdf/01290801jgb.pdf|publisher=Court of Appeals of Indiana|title=Opinion for publication|date=2008-01-28}}</ref> | |||
Camm's trial began on January 17, 2006. With the extramarital affairs now inadmissible, new Floyd County prosecutor, Keith Henderson (a Republican who had defeated Democrat Stan Faith in the latter's bid for re-election) argued that Camm had been molesting his daughter and killed his wife and children to cover up the crime. The evidence was a single blunt force trauma injury to Jill's genitals.<ref name="cj_2006-01-17">{{cite news|url=http://newsandtribune.com/davidcamm/x519352826/Camm-trial-begins-in-Warrick-County|title=Camm trial begins in Warrick County|author=Schneider, Grace|publisher=Courier-Journal}}</ref> A ] 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.<ref>{{cite web|last=Zambroski|first=James|title=Camm jurors say they were swayed by medical evidence|url=http://www.wave3.com/story/4600249/camm-jurors-say-they-were-swayed-by-medical-evidence|work=wave3|date=8 March 2006 |accessdate=January 3, 2014}}</ref> The prosecution presented Boney's story that Camm was the shooter but Boney was there to sell Camm a gun.<ref name="Gapsis">{{cite news|last=Gapsis|first=Greg|title=Juror hears Boney interview|url=http://www.newsandtribune.com/davidcamm/x519352858/Juror-hears-Boney-interview|newspaper=News and Tribune|date=January 18, 2006}}</ref> Camm was convicted a second time on March 3, 2006, and was ] to ].<ref name="cj-07-10"/><ref name=sentence2>{{cite news|url=http://newsandtribune.com/davidcamm/x519354432/Camm-and-family-speak-out-at-sentencing?keyword=leadpicturestory|title=Camm and family speak out at sentencing|publisher=News and Tribune|date=2006-03-29}}</ref> | |||
In September 2005 investigators searched a Floyd County subdivision lake to for the weapon used for several days. The lake is approximately 12 miles from the Camm Georgetown home. No weapon was found.<ref name=wave3timeline/> | |||
Camm appealed the conviction, citing the prejudicial nature of the molestation allegations and the lack of evidence linking the injuries to him. The Indiana Supreme Court granted a second ], stating "Missing from this record is any competent evidence of the premise that the defendant molested the child."<ref name="Thacker">{{cite web|url=http://www.newsandtribune.com/local/x519395841/3-p-m-UPDATE-David-Camms-murder-convictions-overturned-by-Supreme-Court|title=David Camm's murder conviction overturned by supreme court|last=Thacker|first=Matt|work=Indiana News and Tribune|date=26 June 2009 |accessdate=January 3, 2014}}</ref> | |||
=== Boney's trial - January 10 to January 26, 2006 === | |||
===Third trial=== | |||
On January 10, in opening statements at Boney's trial Prosecutor Keith Henderson outlined a case that that Boney both sold an untraceable gun to David Camm for the shootings and was at the family’s Georgetown home when the shootings took place. Boney’s defense attorney, Patrick Renn, did not contradict Henderson’s assertions, but painted Boney as an unwilling dupe who had no idea of David Camm’s intent or what was about to happen.<ref name="boney1">{{cite news|url=http://newsandtribune.com/davidcamm/x519352682/Attorneys-talk-Camm-at-Boney-trial/print|title=Attorneys talk Camm at Boney trial|publisher=News and Tribune|author=Gapsis,Greg|date=2006-01-10}}</ref> | |||
The motive alleged by the prosecution in the third trial was the ] policies purchased by Kim Camm.<ref name="Kircher">{{cite web|last=Kircher|first=Travis|title=David Camm Blog: Opening Statements|date=22 August 2013 |url=http://www.wdrb.com/story/23234404/david-camm-blog-opening-arguments|publisher=WDRB|accessdate=January 1, 2014}}</ref><ref>{{cite news|last=Alter|first=Marissa|title=Judge denies motion for mistrial in David Camm murder case|url=http://www.wlky.com/news/local-news/indiana-news/opening-statements-set-for-thursday-in-david-camm-murder-trial/-/9718538/21562168/-/ttk8tez/-/index.html|newspaper=WLKY|date=August 22, 2013|access-date=January 28, 2014|archive-date=February 4, 2014|archive-url=https://web.archive.org/web/20140204033930/http://www.wlky.com/news/local-news/indiana-news/opening-statements-set-for-thursday-in-david-camm-murder-trial/-/9718538/21562168/-/ttk8tez/-/index.html|url-status=dead}}</ref> | |||
Boney testified against 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.<ref name="Charles Boney II"/><ref name=defendant>{{cite news|last=Odendahl|first=Marilyn|title=Every defendant has a story|url=http://www.theindianalawyer.com/every-defendant-has-a-story/PARAMS/article/33333?fb_action_ids=10152201344619292&fb_action_types=og.recommends|newspaper=The Indiana Lawyer|date=January 29, 2014|access-date=April 19, 2014|archive-date=April 19, 2014|archive-url=https://web.archive.org/web/20140419182823/http://www.theindianalawyer.com/every-defendant-has-a-story/PARAMS/article/33333?fb_action_ids=10152201344619292&fb_action_types=og.recommends|url-status=dead}}</ref> | |||
On January 17, after spending most of previous week tying together what it said was a string of lies told by Charles Boney, prosecutors were expected to unveil what they said was Boney’s fourth version of his relationship with Camm and what happened at the scene of the murders. <ref>{{cite news|url=http://newsandtribune.com/davidcamm/x519352826/Camm-trial-begins-in-Warrick-County/print|title=Camm trial begins in Warrick County|publisher=News and Tribune|author=Staff Reports|date=2006-01-17}}</ref> | |||
The third trial saw the introduction of new DNA evidence that was not presented in the first two trials. Dr. Richard Eikelenboom testified that he found ] consistent with Boney in several places on the clothing of both Kim and Jill Camm. Boney's DNA was found on Kim Camm's underwear, on 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 seemed to suggest, it was unlikely that Camm was the shooter.<ref>{{cite web|last=Boyd|first=Gordon|title=Prosecutors smack Touch DNA favorable to Camm as unreliable|date=10 October 2013 |url=http://www.wave3.com/story/23652064/camm-trial-109-prosecutors-smack-touch-dna-favorable-to-camm-as-unreliable|publisher=Wave3|accessdate=January 1, 2014}}</ref> | |||
On January 26, Boney was found guilty of the murders of the Camm family, and conspiracy to commit murder. <ref name="boney_appeal"/> | |||
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 Jonathan Dartt made a controversial ruling that the jury instructions could include an instruction allowing the jury to find Camm guilty if they believed he "]" 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 ]; Camm had been acquitted on conspiracy charges during the second trial.<ref>{{cite web|last=Kircher|first=Travis|title=Camm attorneys, prosecutors argue about jury instructions|url=http://www.wdrb.com/story/23745160/camm-attorneys-prosecutors-argue-about-juror-instructions|work=WDRB|date=21 October 2013 |accessdate=January 1, 2014}}</ref><ref name="Alter">{{cite news|last=Alter|first=Marissa|title=Prosecution, defense argue jury instructions|url=http://www.wlky.com/news/local-news/david-camm/camm-trial-prosecution-defense-argue-jury-instructions/-/10124124/22549216/-/wufv02z/-/index.html|accessdate=5 January 2014|newspaper=WLKY|date=October 22, 2013|archive-date=3 February 2014|archive-url=https://web.archive.org/web/20140203123026/http://www.wlky.com/news/local-news/david-camm/camm-trial-prosecution-defense-argue-jury-instructions/-/10124124/22549216/-/wufv02z/-/index.html|url-status=dead}}</ref> | |||
On February 23, Boney was sentenced to 225 years. In January 2008 his appeal was denied.<ref name="cj-07-10" /><ref name="boney_appeal">{{cite web|url=http://www.in.gov/judiciary/opinions/pdf/01290801jgb.pdf|publisher=Court of Appeals of Indiana|title=Opinion for publication|date=2008-01-28}}</ref> | |||
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."<ref name="whas11.com">{{cite web|title=Interview: Steve Romines on possibility of a guilty verdict being overturned again|url=http://www.whas11.com/news/Interview-Steve-Romines-on-possibility-of-a-guilty-verdict-being-overturned-again-228804721.html|work=WHAS11|accessdate=January 1, 2014}}</ref> | |||
===Camm's Second Trial - January 17 to March 29, 2006 === | |||
Camm's defense attorneys argued this new theory of the crime essentially threw out the blood spatter evidence—the only major piece of forensic evidence tying Camm to the crime. Following the verdict, Richard Kammen stated: "All of a 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."<ref name="Alter"/><ref name="wlky.com">{{cite news|title=Camm verdict: Defense attorneys relieved at acquittal|url=http://www.wlky.com/news/local-news/david-camm/Camm-verdict-Defense-attorneys-relieved-at-acquittal/-/10124124/22615688/-/7uhx9s/-/index.html|newspaper=wlky|date=October 24, 2013}}</ref><ref name="wdrb.com">{{cite web|last=Kircher|first=Travis|title=David Camm Blog: closing arguments|url=http://www.wdrb.com/story/23762635/david-camm-blog-closing-arguments|work=WDRB|date=22 October 2013 |accessdate=January 1, 2014}}</ref> | |||
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.<ref name="cj_2006-01-17">{{cite news|url=http://newsandtribune.com/davidcamm/x519352826/Camm-trial-begins-in-Warrick-County|title=Camm trial begins in Warrick County|author=Schneider,Grace|publisher=Courier-Journal}}</ref> | |||
===Acquittal=== | |||
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 remodelling their bedroom prior to the murder.<ref name="tribune" /> | |||
On October 24, 2013, the jury found Camm not guilty of all charges.<ref>, ] TV, October 24, 2013</ref><ref name="Courier-Journal verdict">{{cite web|url=http://www.courier-journal.com/article/20131024/NEWS02/310240026/David-Camm-jury-has-reached-verdict|title=David Camm found not guilty in family's murders|publisher=Louisville Courier-Journal|accessdate=October 24, 2013|author=Schneider, Grace}}</ref> Camm's attorneys described it as "vindication".<ref name="wlky.com"/> By then, ] reported that costs had reached an "estimated $4.5 million".<ref name="cash strapped">{{cite news|last=Arkin|first=Daniel|title=Ex-trooper's murder trials drained millions from cash-strapped Indiana county|url=https://www.nbcnews.com/news/other/ex-troopers-murder-trials-drained-millions-cash-strapped-indiana-county-f8C11503272|newspaper=NBC News|date=October 31, 2013}}</ref> | |||
==Response to the case== | |||
On February 13th, after the state rested its case, Judge Robert Aylsworth issued a directed verdict, in effect, dismissing the conspiracy charge. However the day wasn't a total loss for the state, prosecutors believed they scored big with testimony from two doctors who said it was their professional opinion that Jill Camm was sexually molested sometime before she was murdered.<ref>{{cite news|url=http://www.wave3.com/story/4504264/febr|title=Good News/Bad News|publisher=wave3.com|author=Zambroski,James|date=2006-02-13}}</ref>. | |||
===Verdict=== | |||
The public reaction to the ] 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."<ref>{{cite news|last=Boxley|first=Mark|title=David Camm's acquittal brings shock in New Albany |url=http://www.courier-journal.com/article/20131024/NEWS02/310240089/David-Camm-s-acquittal-brings-shock-New-Albany|newspaper=The Courier Journal|date=October 24, 2013}}</ref> 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.<ref name="David Camm">{{cite web|title=David Camm|url=http://wrongfulconvictionnews.com/tag/david-camm|work=Wrongful Conviction News|accessdate=January 5, 2014|archive-date=February 1, 2014|archive-url=https://web.archive.org/web/20140201173148/http://wrongfulconvictionnews.com/tag/david-camm/|url-status=dead}}</ref><ref name="Anyone can be convicted of a crime">{{cite web|title=Anyone can be convicted of a crime|url=http://stopwrongfulconvictions.wordpress.com|work=Stop Wrongful Convictions|accessdate=January 5, 2014}}</ref> | |||
Bill Lamb, President and General Manager of ], the ] affiliate in ], issued a public apology to 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."<ref>{{cite web|title=Uncertain Justice Revisited|last=Lamb|first=Bill|url=http://www.wdrb.com/story/24075857/pov-uncertain-justice-revisited-112613|work=WDRB|accessdate=January 3, 2014|archive-date=February 1, 2014|archive-url=https://web.archive.org/web/20140201153624/http://www.wdrb.com/story/24075857/pov-uncertain-justice-revisited-112613|url-status=dead}}</ref> 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."<ref>{{cite news|url=http://www.cbsnews.com/news/david-camm|title=Juror's insights on David Camm acquittal at 3rd murder trial|author=Larosa, Paul|date=2013-11-13|work=CBS News}}</ref> | |||
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."<ref>{{cite news|url=http://www.wave3.com/Global/story.asp?s=4436959|title=Witness Says Prosecutor In First Camm Trial Blew Up When She Couldn't Link Camm's DNA To Boney's Shirt|author=Zambroski,James|publisher=] News}}</ref> | |||
===Media coverage=== | |||
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.<ref>{{cite news|url=http://www.wave3.com/story/4551442/february-23rd-2006-day-34-strategic-error?clienttype=printable|title=February 23rd, 2006 - Day 34: Strategic Error|author=Zambroski,James|date=2006-02-34}}</ref> | |||
The case has been covered widely in the media. In January 2014, '']'' aired a two-hour special entitled ''Mystery on Lockart Road''<ref name="Mystery on Lockhart Road"/> and the case has been covered three times on '']'' on ]. 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 ]'s book ''Secrets Can Be Murder: The Killer Next Door''.<ref>{{cite book|last=Velez-Mitchell|first=Jane|title=Secrets Can be murder: the killer next door|date=June 10, 2008|publisher=Touchstone|isbn=978-0743299374}}</ref><ref>{{cite book|last=Abbott|first=William|title=Searching for justice: the trials of David|date=2013-12-17|publisher=Tate Publishing|isbn=978-1-62510-601-8}}</ref><ref>{{cite book|last=Glatt|first=John|title=One Deadly Night|date=May 2005|publisher=St. Martin's Paperbacks|isbn=9780312993092}}</ref> | |||
===Blood spatter evidence=== | |||
The jury found Camm guilty on March 3.<ref name="cj-07-10" /> | |||
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 ] issued a report criticizing the scientific foundation of that." The report 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.<ref>{{cite news|last=Moore|first=Solomon|title=Science found wanting in nation's crime labs|url=https://www.nytimes.com/2009/02/05/us/05forensics.html?pagewanted=all|newspaper=New York Times|date=February 4, 2009}}</ref> | |||
Dr. Robert Shaler, founding director of the ] 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 ]" to back up your conclusions. All of the blood spatter analysts involved in the case from the start (aside from Stites) have been "] in the traditional sense. The problem is "We have two opinions in this case. That, in essence, is a 50 percent error rate."<ref>{{cite web|last=Kircher|first=Travis|title=David Camm blogsite: Our own little experience|date=3 October 2013 |url=http://www.wdrb.com/story/23605009/david-camm-blog-our-own-little-experiment|publisher=WDRB|accessdate=January 1, 2014}}</ref> | |||
On March 7, at a press conference, jurors explained said it was particularly the testimony of Dr. Betty Spivak — 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.<ref>{{cite news|url=http://newsandtribune.com/davidcamm/x519353936/Camm-jury-explains-verdict?keyword=leadpicturestory|title=Camm jury explains verdict|publisher=News and Tribune|author=Kozarovich,Lisa Hurt|date=2006-03-07}}</ref> | |||
===Perjury admission=== | |||
On March 29, Camm was sentenced to life without parole.<ref name="cj-07-10a" /><ref name=sentence2>{{cite news|url=http://newsandtribune.com/davidcamm/x519354432/Camm-and-family-speak-out-at-sentencing?keyword=leadpicturestory|title=Camm and family speak out at sentencing|publisher=News and Tribune|date=2006-03-29}}</ref> | |||
Evidence of misconduct regarding the blood spatter was uncovered when, in the third trial, Stites testified for the defense, admitting he had ] himself in the first two trials. Stites' assertion that the spots on David Camm's shirt were high velocity impact spray (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.<ref name="Corydon Democrat">{{cite news|last1=Spieth-Saylor|first1=Jo Ann|title=Camm case gets technical with 'expert' testimony|url=http://www.corydondemocrat.com/pdalpeditorial.lasso?-token.story=12603860.111111|agency=Corydon Democrat|date=January 23, 2002}}</ref> | |||
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 "]ist", 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 ] 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.<ref name="courier-journal.com"/><ref name="uncle sam"/> | |||
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. <ref name=sentence2/> | |||
===Criticism of the prosecution=== | |||
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. <ref name=sentence2/> | |||
A number of legal experts have criticized the way the case was handled. Thomas Schornhorst, a professor emeritus of the Indiana University's ], said that cases had been overturned repeatedly because they have "pushed the envelope" with other evidence, fearing that they would not get a conviction on bloodstain evidence alone.<ref name="cj-07-10"/> | |||
Shawn Boyne, of Indiana University's ],<ref>{{cite web |title=Iowa State University Office of the Senior Vice President and Provost |url=https://www.provost.iastate.edu/about/people/shawn |website=provost.iastate.edu |access-date=16 March 2021 |archive-date=18 January 2021 |archive-url=https://web.archive.org/web/20210118113200/https://www.provost.iastate.edu/about/people/shawn |url-status=dead }}</ref> 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".<ref>{{cite news|last=Boyne|first=Shawn|title=David Camm trial illustrates problems with American justice system|url=http://www.indystar.com/article/20131025/OPINION03/310250042|newspaper=Indianapolis Star|date=October 25, 2013}}</ref> | |||
===Second Appeal - June to December 2009=== | |||
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, 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."<ref name="whas11.com"/> | |||
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.<ref>{{cite news|title=Camm's 2nd conviction overturned|author=Hershberg, Ben Zion|date=2009-06-26|publisher=Courier-Journal}}</ref> | |||
Camm's defense team has long been critical of their inability to present evidence of 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.<ref name=Atkinson>{{cite news|last1=Atkinson|first1=Joe|title=Trials by fire|url=http://www.loumag.com/articledisplay.aspx?id=69370913|agency=Louisville Magazine|date=May 2006|access-date=2014-06-16|archive-url=https://web.archive.org/web/20140714205137/http://www.loumag.com/articledisplay.aspx?id=69370913|archive-date=2014-07-14|url-status=dead}}</ref> | |||
On 30 November, 2009 the Attorney general's request for a rehearing of Camm's appeal was denied.<ref>{{cite news|url=http://www.courierpress.com/news/2009/nov/30/indiana-supreme-court-wont-reconsider-camm-case/|title=Indiana Supreme Court won't reconsider Camm case|publisher=Associated Press|date=2009-11-30}}</ref> | |||
===Errors in evidence collection=== | |||
In December 2009, Prosecutor Keith Henderson refiled charges against Camm. <ref>{{cite news|url=http://newsandtribune.com/clarkcounty/x546284328/David-Camm-headed-for-a-third-trial|title=David Camm headed for a third trial|publisher=News and Tribune|author=Thacker,Matt|date=2009-12-03}}</ref> | |||
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 in the investigation of Boney as a suspect. The sweatshirt found at the crime scene revealed Boney's DNA, his girlfriend's DNA, his prison nickname, and his ] ID number.<ref>{{cite news|last=Boyd|first=Gordon|title=Camm trial 9/10: Defense finds inconsistencies but can't touch Boney's past|url=http://www.myfoxal.com/story/23395758/camm-trial-910-boney-undergoes-cross-examination|newspaper=WBRC|date=September 10, 2013}}</ref> 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.<ref>{{cite web|last=Kircher|first=Travis|title=David Camm Blog: the part the jury didn't hear|url=http://www.wdrb.com/story/23614651/david-camm-blog-the-part-the-jury-didnt-hear|work=WDRB|date=4 October 2013 |accessdate=January 1, 2014}}</ref> | |||
===Errors in the investigation of Charles Boney=== | |||
===Lead-up to Third Trial - January 2010 to present day=== | |||
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.<ref name="wave3.com">{{cite news|last=Eisenmenger|first=Sarah|title=Convicted Killer Charles Boney says David Camm was the shooter|url=http://www.wave3.com/story/23386057/convicted-killer-charles-boney-says-david-camm-was-the-shooter|newspaper=wave3|date=September 9, 2013}}</ref><ref name="Charles Boney II"/> Defense witness Dr. ], a ] ] at ], 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 ]: 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.<ref>{{cite news|title=David Camm Blog: Investigation under fire|url=http://www.wdrb.com/story/23663669/david-camm-blog-investigation-under-attack|newspaper=WDRB|date=October 10, 2013}}</ref><ref>{{cite news|last=White|first=Charlie|title=David Camm won't testify in third murder trial, lawyer says|url=http://www.courier-journal.com/article/20131010/NEWS02/310100085/David-Camm-won-t-testify-third-murder-trial-lawyer-says|newspaper=Courier Journal|date=October 11, 2013}}</ref> 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.<ref name="walking free">{{cite news|last=Schlessinger|first=Richard|title=David Camm: Ex-trooper speaks to "48 Hours" following acquittal in triple murder|url=http://www.cbsnews.com/news/david-camm-walking-free|work=CBS}}</ref> | |||
====2010==== | |||
In June, Attorneys for Camm asked the ] to appoint a special judge after presiding Judge Robert Aylsworth in Warrick County Superior Court failed to rule on a motion to change venue within 30 days. Floyd County Prosecutor Keith Henderson said he has never seen an attorney ask for a judge to be removed from a case after only 32 or 33 days and remembers only a few times a judge has ever been removed under what is known as the “lazy judge rule.” <ref>{{cite news|url=http://newsandtribune.com/davidcamm/x1996918021/Supreme-Court-asked-to-appoint-special-judge-in-Camm-case|title=Supreme Court asked to appoint special judge in Camm case|publisher=News and Tribune|author=Thacker,Matt|date=2010-06-08}}</ref> | |||
Lead defense attorney Richard Kammen accused police of feeding Boney a false story designed to implicate Camm and coerce Boney into testifying against Camm by playing on his fear of ] within the ] 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 Camm.<ref name="Kircher"/><ref name="wave3.com"/><ref>{{cite news|last=Wilson|first=Charlie|title=Testifying at Camm trial, Boney admits his story has changed several times|url=http://www.courierpress.com/news/2013/sep/10/ind-man-questioned-over-his-account-of-homicides/?print=1|newspaper=The Courier Press|date=September 10, 2013}}</ref> 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.<ref>{{cite news|last=Kircher|first=Travis|title=David Camm Blog: Numbers on Charles Boney's phone|url=http://www.wdrb.com/story/23652122/david-camm-blog-who-has-charles-boney-been-calling|newspaper=WDRB|date=October 9, 2013}}</ref><ref>{{cite news|last=White|first=Charlie|title=David Camm Witnesses|url=http://www.courier-journal.com/article/20131009/NEWS02/310090130/David-Camm-witnesses-October-9|newspaper=Courier Journal|date=October 8, 2013}}</ref> | |||
In July, the ] appointed Spencer Circuit Judge Jonathan A. Dartt as a special judge to handle Camm's third trial. <ref name="cj-07-10a">{{cite news|title=Camm retrial gets new judge: Dartt's appointment|publisher=Courier-Journal|date=2010-07-13|author=Hershberg, Ben Zion|pages=B1}}</ref> 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.<ref>{{cite news|title=Camm gets new primary lawyer: Liell withdraws|author=Hershberg, Ben Zion|date=2010-01-09|pages=B1|publisher=Courier-Journal}}</ref> The ] 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.<ref>{{cite news|url=http://pqasb.pqarchiver.com/indystar/access/2516062561.html?FMT=ABS&FMTS=ABS:FT&date=Nov+21%2C+2011&author=Chris+Sikich&pub=Indianapolis+Star&edition=&startpage=A.1&desc=The+death-penalty+trial+of+his+life|title=The death-penalty trial of his life|author=Sikich, Chris|pages=A1|date=2012-11-21}}</ref> | |||
===Evidence tampering allegations=== | |||
In February, 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. <ref>{{cite news|title=David Camm's attorneys appeal ruling, seek prosecutor's removal|publisher=Courier-Journal|date=2011-02-18|author=Adams, Harold J.}}</ref> | |||
Another allegation that surfaced involved a distant relative of Boney named Myron Wilkerson (1959–2012). 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. When the phone was located and returned to the police, it was found to have been wiped clean of fingerprints. Wilkerson died prior to the third trial and therefore was not charged with evidence tampering for his actions.<ref>{{cite news|last=Boyd|first=Gordon|title=State Rests after Camm bares arm to jury|url=http://www.wave3.com/story/23481562/camm-trial-919|newspaper=Wave3|date=September 19, 2013}}</ref><ref>{{cite web|last=Kircher|first=Travis|title=David Camm Blog: tattoo dilemma|date=19 September 2013 |url=http://www.wdrb.com/story/23481327/david-camm-blog-tattoo-dilemma|publisher=WDRB|accessdate=January 1, 2014}}</ref> | |||
===Witness tampering allegations=== | |||
====2011==== | |||
In addition to testimony by Rob Stites alleging subornation of perjury, several other allegations of witness tampering surfaced during the case. Lynn Scamahorn, a ] from the ] claimed that during the first trial, the prosecutor, Stan Faith, threatened her when she refused to perjure herself and testify that she had found Camm's DNA on Boney's sweatshirt.<ref name="Zambroski, James">{{cite news|url = http://www.wave3.com/Global/story.asp?s=4436959|title = Witness Says Prosecutor In First Camm Trial Blew Up When She Couldn't Link Camm's DNA To Boney's Shirt|author = Zambroski, James|publisher = ] News|access-date = 2013-04-22|archive-url = https://web.archive.org/web/20160224032556/http://www.wave3.com/Global/story.asp?s=4436959|archive-date = 2016-02-24|url-status = dead}}</ref> ] 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 that was later determined to belong to Boney.<ref name="Boyd">{{cite news|last = Boyd|first = Gordon|title = Camm Trial 8/26/13: Wife, children died within minutes, even seconds of wounds from 'cheap' handgun|url = http://www.14news.com/story/23262023/camm-trial-wife-children-died-within-minutes-even-seconds-of-wounds-from-cheap-handgun|newspaper = 14 News|date = August 27, 2013|access-date = January 23, 2014|archive-date = February 1, 2014|archive-url = https://web.archive.org/web/20140201220610/http://www.14news.com/story/23262023/camm-trial-wife-children-died-within-minutes-even-seconds-of-wounds-from-cheap-handgun|url-status = dead}}</ref> | |||
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.<ref name=Zambroski>{{cite news|last=Zambroski|first=James|title=Camm Judge Dismisses Conspiracy Charge; Witness Says Jill Camm Was Molested Earlier Than Thought|url=http://www.wave3.com/global/Story.asp?s=4496219|newspaper=Wave 3|date=February 13, 2006|access-date=May 3, 2015|archive-date=May 18, 2015|archive-url=https://web.archive.org/web/20150518081717/http://www.wave3.com/global/Story.asp?s=4496219|url-status=dead}}</ref> Following the verdict, the jurors explained that they made their decision largely on the molestation allegations, and specifically, on the testimony of Spivack, who testified that the child was molested several hours prior to her death instead of during the attack.<ref>{{cite news|url=http://newsandtribune.com/davidcamm/x519353936/Camm-jury-explains-verdict?keyword=leadpicturestory|title=Camm jury explains verdict|publisher=News and Tribune|author=Kozarovich, Lisa Hurt|date=2006-03-07}}</ref> | |||
In October, Defense attorney Stacy Uliana argued during a Tuesday hearing that former trooper David Camm has the right to an "unconflicted prosecutor." Uliana said Floyd County Prosecutor Keith Henderson could be motivated by money rather than justice, even though Henderson canceled the contract after the state Supreme Court overturned Camm's murder convictions in 2009. Deputy Attorney General Joby Jerrells told the three-judge panel that Henderson's decision to cancel the contract removed the conflict. "David Camm cannot choose his prosecutor," Jerrells said. "That is a right reserved for the people of Floyd County."<ref>{{cite news|url=http://www.news-sentinel.com/apps/pbcs.dll/article?AID=/20111006/NEWS/111009778|title=Ex-trooper wants prosecutor out over book deal|publisher=News Sentinel|date=2011-10-06}}</ref> | |||
DNA analyst Lynn Scamahorn claimed prosecutor Faith, also attempted to get her to commit perjury by testifying that lab results indicated 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.<ref name=justice>{{cite book|last=Turvey|first=Brent|title=Ethical Justice: Applied Issues for Criminal Justice Students and Professionals|date=July 12, 2013|publisher=Academic Press|isbn=978-0124045972}}</ref> | |||
In November, 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. <ref>{{cite web|url=http://www.in.gov/judiciary/opinions/pdf/11151101jgb.pdf|title=David Camm v. State of Indiana|publisher=Court of Appeals of Indiana|date=2011-11-15}}</ref> | |||
The fraudulent testimony of Stites and the attempted coercion of Scamahorn were featured in a forensic textbook called ''Forensic Fraud: Evaluating Law Enforcement and Forensic Science Cultures in the Context of Examiner Misconduct''.<ref name="Turvey 2013 105–106">{{cite book|last=Turvey|first=Brent|title=Forensic Fraud: Evaluating Law Enforcement and Forensic Science Cultures in the Context of Examiner Misconduct|year=2013|publisher=Academic Press|isbn=978-0124080737|pages=105–106}}</ref> | |||
====2012==== | |||
In April 2012, Henderson was allowed to assist special prosecutor Stanley Levco, a former prosecutor from Vanderburgh County. After being assigned to the case, Stan Levco stated "From what I know, it's virtually inconceivable to me that I won't want to try it".<ref>{{cite news|url=http://www.wave3.com/story/17007781/camm-special-prosecutor-dropping-the-case-virtually-inconceivable|title=Camm special prosecutor: dropping the case, "virtually inconceivable"|author= MacDonald,Janelle|publisher=wave3.com}}</ref> | |||
==Personal life== | |||
In October 2012, the trial was set for August 5, 2013 in Boone County. <ref>{{cite news|title=Camm trial set for Aug. 2013|publisher=Courier-Journal|date=2012-06-03|author=Adams, Harold J.}}</ref><ref>{{cite news|url=http://www.indystar.com/article/B2/20121026/NEWS02/310260075/David-Camm-s-3rd-murder-trial-held-Boone-County|title=David Camm's 3rd murder trial to be held in Boone County|publisher=]|author=Schneider,Grace|date=2012-10-27}}</ref> Charles Boney was expected to testify.<ref name ="wave2013" /> | |||
] (left) and Bill Clutter of ]]] | |||
In December 2013, Camm gave his first local media interview following the verdict,<ref name="wdrb_b">{{cite web|last=Johnson|first=Stephan|title=David Camm Speaks|url=http://www.wdrb.com/story/24254070/exclusive-david-camm-speaks-part-ii|work=WDRB|date=18 December 2013 |accessdate= January 3, 2014}}</ref> and attempted to clear up the misconceptions regarding Boney's criminal history. | |||
Camm also announced that he had been hired as a case coordinator for ], a national nonprofit that provides criminal-defense investigations for inmates.<ref name="wdrb_b" /> Camm reports that he has forged a friendship with the third-trial jurors.<ref name=McCutcheon>{{cite news|last=McCutcheon|first=Matt|title=Six months after acquittal, David Camm speaks publicly for the first time|url=http://www.wthr.com/story/25323831/2014/04/23/david-camm-gives-first-public-speech-at-indiana-state|newspaper=WTHR 13|date=April 23, 2014|access-date=May 27, 2014|archive-date=May 28, 2014|archive-url=https://web.archive.org/web/20140528021528/http://www.wthr.com/story/25323831/2014/04/23/david-camm-gives-first-public-speech-at-indiana-state|url-status=dead}}</ref> In early December 2013, he met with jurors from the third trial over dinner at a café in ].<ref>{{cite web|last=Alter|first=Marissa|title=David Camm meets with jurors|url=http://www.wlky.com/news/local-news/david-camm/david-camm-meets-with-jurors-who-acquitted-him/-/10124124/23398942/-/cqsxfl/-/index.html|work=wlky|date=December 9, 2013|accessdate=January 3, 2014}}</ref> | |||
====2013==== | |||
On March 13, arguments were heard over how much testimony Charles 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.<ref>{{cite news|url=http://www.indystar.com/article/B2/20130311/NEWS02/303110086/David-Camm-lawyers-prosecutor-argue-over-Charles-Boney-testimony-next-murder-trial|title=David Camm lawyers, prosecutor argue over Charles Boney testimony in next murder trial|publisher=]|author=Schneider,Grace|date=2013-03-13}}</ref> | |||
==Civil lawsuits== | |||
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.<ref>{{cite news|url=http://www.courier-journal.com/article/20130419/NEWS02/304190128/David-Camm-case-Lawyers-accuse-each-other-delays|publisher=Courier-Journal|author=Schneider,Grace|title=Lawyers accuse each other of delays|publisher=Courier-Journal|date=2013-04-19}}</ref> | |||
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.<ref>{{cite news|last=Kozarovich|first=Lisa Hurt|title=Camm experts courting their own troubles Blood stain expert sued colleagues testifying in Camm case|url=http://www.newsandtribune.com/davidcamm/x519353328/Camm-experts-courting-their-own-troubles|newspaper=News and Tribune|date=February 7, 2006}}</ref> | |||
Camm was reportedly 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 ].<ref>{{cite web|title=David Camm still faces two civil suits after murder|url=http://www.wthr.com/story/23788934/2013/10/25/david-camm-still-faces-two-civil-suits-after-murder-acquittal|work=WTHR|accessdate=January 2, 2014|archive-date=February 1, 2014|archive-url=https://web.archive.org/web/20140201190552/http://www.wthr.com/story/23788934/2013/10/25/david-camm-still-faces-two-civil-suits-after-murder-acquittal|url-status=dead}}</ref> Frank and Janice Renn steadfastly maintain their belief in Camm's guilt.<ref name="wdrb_a">{{cite web|last=Kircher|first=Travis|title=Frank & Janice Renn Q&A|url=http://www.wdrb.com/story/23749208/david-camm-blog-frank-and-janice-renn-q-a|work=WDRB|date=21 October 2013 |accessdate=January 3, 2014}}</ref> | |||
On May 8, Special Judge Jon 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.<ref>{{cite news|url=http://www.courier-journal.com/article/20130508/NEWS02/305080099/Additional-testing-allowed-David-Camm-s-shirt|publisher=Courier-Journal|author=Schneider,Grace|title=David Camm T-shirt to get more blood splatter testing|date=2013-05-08}}</ref> | |||
In May 2014, Camm served notice of his intention to sue Floyd County and the State of Indiana for $30 million.<ref name=lawsuit>{{cite news|last=Johnson|first=Stephan|title=David Camm to sue Floyd Co. and Indiana for $30M|url=http://www.wdrb.com/story/25406141/david-camm-to-sue-state-and-county|newspaper=WDRB|date=May 1, 2014}}</ref> | |||
==Cost of trials== | |||
In July 2007, the Courier Journal reported that costs had exceeded $1 million.<ref>{{cite news|title=Camm costs spark legislation|publisher=Courier-Journal|date=2007-01-07|author=Weidenbener, Lesley Stedman|pages=A1}}</ref> | |||
Camm settled with Floyd County for $450,000. In January 2018, Camm's civil rights lawsuit against members of the Indiana State Police, prosecutors, and other officials, was dismissed by US District Court judge ]. In explaining the ruling, the court explained it believed that there had been probable cause to charge Camm with murder and that due to Indiana's Tort Claims Act, some of the defendants were immune to liability.<ref>{{Cite news|url=http://www.wdrb.com/story/37386640/dismissed-us-federal-court-drops-30-million-lawsuit-brought-by-david-camm|title=DISMISSED: US federal court drops $30 million lawsuit brought by David Camm|last=Kircher|first=Travis|access-date=2018-05-27|language=en|archive-date=2018-05-11|archive-url=https://web.archive.org/web/20180511114806/http://www.wdrb.com/story/37386640/dismissed-us-federal-court-drops-30-million-lawsuit-brought-by-david-camm|url-status=dead}}</ref> | |||
In March 2013, the Indianapolis Star reported that costs had reached $3.3 million.<ref>{{cite news|url=http://www.indystar.com/article/B2/20130103/BILLBOARD/130103006/Price-justice-David-Camm-3-3-million-rising|title=Price of justice for David Camm: $3.3 million and rising|date=2013-01-03|publisher=Indianapolis Star}}</ref> | |||
On September 10, 2019, the United States Court of Appeals for the Seventh Circuit reversed the District Court in part stating, "In sum, we reverse and remand for trial on Camm’s Fourth Amendment claim against Stites, Englert, Faith, and Clemons to the extent that the claim rests on the first probable-cause affidavit. Trial is also warranted on the ''Brady'' claim against the same four defendants for suppression of Stites’s lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Boney’s sweatshirt. In all other respects, we affirm the judgment."<ref>{{cite web|url=http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D09-10/C:18-1440:J:Sykes:aut:T:fnOp:N:2397044:S:0|title=Camm v. Faith, United States Court of Appeals, Seventh Circuit. September 10, 2019|access-date=2019-09-18|language=en}}</ref> The reversal allowed Camm to sue for false arrest.<ref>{{Cite web|url=https://www.courier-journal.com/story/news/local/2019/09/10/david-camm-can-sue-false-arrest-judge-rules/2280080001/|title=David Camm can sue for false arrest in wife and kids' murder, federal court rules|last=Ladd|first=Sarah|website=The Courier-Journal|language=en|access-date=2020-02-25}}</ref> | |||
==Reaction== | |||
Thomas Schornhorst, a professor emeritus of the ], has 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.<ref name="cj-07-10" /> | |||
A settlement of Camm's final lawsuits was announced April 28, 2022.<ref>{{cite web|url=http://www.wlky.com/article/indiana-state-police-trooper-acquitted-five-million-settlement/39841956 |access-date=2022-04-28|title=David Camm, acquitted in family's murders, awarded more than $5 million in settlements |date=28 April 2022 }}</ref> | |||
The case was the subject of a 2005 book entitled ''One Deadly Night'' by John Glatt.<ref name="glatt">(John Glatt) ''One Deadly Night'' ISBN 978-0-312-99309-2</ref> The case was also the subject of an episode of '']'' on ].<ref>* </ref> | |||
== |
==Media coverage== | ||
The case was covered extensively by the media in the southern ] and ], area, and by national news programs including '']'', '']'', and '']''. The case is noted for the extensive allegations of police and prosecutorial misconduct, including ], ], ], ] and an overall shoddy investigation and has been detailed in numerous forensic textbooks. | |||
* ] | |||
In 2022, Camm's former defense investigator, Gary M. Dunn, a 27-year FBI agent, released his book, ''Their Bloody Lies & Persecution of David Camm, Part I'', which details how two sets of ISP investigators jumped to erroneous and then outright false conclusions, assisted by a faux blood stain "expert" and supposed crime scene re-constructionist, while being directed by a politicized county prosecutor, Stan Faith.<ref>{{Cite web |title=Their Bloody Lies & Persecution of David Camm |url=https://www.theirbloodylies.com/ |access-date=2022-11-14 |website=.theirbloodylies.com}}</ref> | |||
==External Links== | |||
* | |||
==See also== | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
*] | |||
==References== | ==References== | ||
{{ |
{{Reflist}} | ||
==External links== | |||
* at Justice for David Camm | |||
* {{Webarchive|url=https://web.archive.org/web/20131030110231/http://www.wdrb.com/category/268892/david-camm-2013-trial-blog |date=2013-10-30 }} at WDRB | |||
* with David Camm | |||
* "Walking Free" | |||
* "Mystery on Lockart Road" | |||
* | |||
{{Authority control}} | |||
{{Authority control|VIAF=33878675}} | |||
{{Persondata <!-- Metadata: see ]. --> | |||
| NAME = Camm, David | |||
| ALTERNATIVE NAMES = | |||
| SHORT DESCRIPTION = | |||
| DATE OF BIRTH = March 23, 1964 | |||
| PLACE OF BIRTH = ], ] | |||
| DATE OF DEATH = | |||
| PLACE OF DEATH = | |||
}} | |||
{{DEFAULTSORT:Camm, David}} | {{DEFAULTSORT:Camm, David}} | ||
] | |||
] | |||
] | |||
] | ] | ||
] | |||
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Latest revision as of 15:35, 5 December 2024
American police officer wrongfully convicted of murder (born 1964)This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these messages)
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David Camm | |
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Born | (1964-03-23) March 23, 1964 (age 60) Floyd Memorial Hospital, New Albany, Floyd County, Indiana, U.S. |
Known for | Retired Indiana state trooper tried three times for the murders of his wife and two children (two reversed convictions, acquitted after third trial). Responding officer to the discovery of Shanda Sharer's body. |
David Ray Camm (born March 23, 1964) is a former trooper of the Indiana State Police (ISP) who spent 13 years in prison after twice being wrongfully convicted of the murders of his wife, Kimberly, and his two young children 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. Charles Boney is currently serving time for the murders of Camm's wife and two children.
Initial investigation
Police were summoned to the Camm residence shortly after 9:30 p.m. on September 28, 2000, to find Kim, Bradley, and Jill Camm shot to death in the garage of their home. David Camm told police that he returned home from playing basketball at a nearby church and found his wife shot to death on the garage floor. He then saw his daughter, Jill, sitting upright in the backseat, still strapped in her seatbelt. Brad was draped over the driver's side of the backseat as though he had been trying to get away from the assailant. Since both Kim and Jill had been shot through the head, Camm stated that he thought his son, who had no head injuries, might still be alive, so he entered the passenger front of the Bronco, went through the two front bucket seats and grabbed his son, taking him out, putting him on the garage floor, and giving him CPR. In the process, Camm had placed his left knee in the middle of the back seat, causing Jill's head and body to slump forward and to the left, contacting Camm's T-shirt. Bradley Camm was found lying on the garage floor and a later autopsy found he had been shot through his torso, severing his spine.
Unseen in the darkened garage and not collected by evidence technicians was a gray sweatshirt bearing the name of BACKBONE in the collar. An ISP lab analyst later found unidentified female DNA on the front of the shirt and a private lab, hired by Camm's defense attorney Mike McDaniel, found unidentified male DNA in the collar. The blood and DNA of Kim Camm had also been discovered on that same sweatshirt.
First theory of the crime
Many false leads hampered the investigation of the murders. The theory of the crime at the time of the arrest was that Camm returned home from playing basketball, shot his family, and attempted a clean-up before abandoning this and calling the Sellersburg State Police post for help. 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. Another piece of seemingly incriminating evidence was a phone bill indicating Camm had made a phone call from the residence at 7:19 p.m. on the evening of the murder. He claimed to be playing basketball at the church from 7:00 p.m. to approximately 9:30 p.m. that evening. Camm also had a history of infidelity, which police believed was the motive for the murders.
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. Based on the autopsies and other evidence, the time of death was determined to be around 8:00 p.m., far earlier than the original estimate of 9:30 p.m. giving Camm an alibi. 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 was made an hour earlier, at 6:19 p.m.
The clean-up at the crime scene and the blood spatter on David's shirt were also questioned. It was discovered that there was not, in fact, a crime scene clean-up but the usual separation of blood when exposed to air for a while. Several other areas that Stites had claimed to be high-velocity impact spatter found at the crime scene were inaccurate interpretations, calling into question Stites' abilities.
Investigators stated that they investigated the foreign DNA on the sweatshirt found at the crime scene. However, there were no matches when it was run through CODIS.
Second theory of the crime
The discovery that the time of the murder was over an hour earlier than previously thought meant that Camm now had an alibi. Eleven witnesses told police he was with them playing basketball from 7:00 p.m. until after 9:00 p.m. 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.
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 a high-velocity impact spatter, proving he was the shooter. Defense experts assert that the pattern was caused by transfer when his shirt had contact with Jill's hair as he was removing his son from the vehicle. Bart Epstein, a bloodstain analyst for the defense, stated that there's some overlap between the appearance of different types of stains of blood spatter, and analysts need to consider other aspects of the stain to determine the cause. In this case, the number of bloodstains 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. Nevertheless, he was convicted.
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 didn't adequately connect those relationships with the murders. In November 2004, prosecutor Keith Henderson refiled charges against Camm.
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. A match was found for the male DNA and it was discovered 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. The most recent attack was the armed robbery and attempted abduction of three women at gunpoint.
In some cases, there was evidence of stalking; some of Boney's previous victims had reported receiving harassing phone calls for a couple of months prior to the attacks asking them what they were wearing and if they were wearing high-heeled shoes. 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. 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. Two weeks later, his palm print was discovered on Kim's vehicle and he was arrested.
The other DNA sample was later identified as belonging to Mala Singh Mattingly, Boney's then-girlfriend.
It was discovered after his arrest that Stan Faith, the prosecutor in Camm's first trial, was Boney's attorney. During questioning, Boney asked to be represented by Faith but was told it was a conflict of interest. Boney admits to having discussed the case with Faith prior to becoming a suspect in the case. 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."
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 admitted to placing the shoes on the vehicle, but claims he did it only coincidentally and not related to his foot fetish. Boney claims that on September 28 he arrived at 7:00 p.m. to meet Camm at the Camm residence to sell him a weapon—a meeting they arranged through chance meetings and without the use of a telephone. He handed Camm the weapon wrapped in his gray sweatshirt that was later found at the crime scene. Within seconds, Kim arrived home in her Bronco, Camm followed the Bronco into the garage and Boney heard 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. (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.) Aside from Boney's story, no additional evidence has been recovered to connect Camm and Boney.
Mala Singh Mattingly
After Mattingly's DNA was identified, she was interviewed regarding her knowledge of the crime. She told police that 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. Her blood was found mixed with Brad and Kim Camm's blood on the sweatshirt at the crime scene.
Second trial
Following Boney's arrest in 2005, Camm and Boney were charged as co-conspirators in the murder of Kim and her children. Boney was tried first, convicted, and sentenced to 225 years in prison.
Camm's trial began on January 17, 2006. With the extramarital affairs now inadmissible, new Floyd County prosecutor, Keith Henderson (a Republican who had defeated Democrat Stan Faith in the latter's bid for re-election) argued that Camm had been molesting his daughter and killed his wife and children to cover up the crime. The evidence was a single blunt force trauma injury to Jill's genitals. 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. The prosecution presented Boney's story that Camm was the shooter but Boney was there to sell Camm a gun. Camm was convicted a second time on March 3, 2006, and was sentenced to life without parole.
Camm appealed the conviction, citing the prejudicial nature of the molestation allegations and the lack of evidence linking the injuries to him. 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."
Third trial
The motive alleged by the prosecution in the third trial was the life insurance policies purchased by Kim Camm.
Boney testified against 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.
The third trial saw the introduction of new DNA evidence that was not 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 underwear, on 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 seemed to suggest, it was unlikely that Camm was the shooter.
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 Jonathan Dartt made a controversial ruling that the jury instructions could include an instruction allowing the jury to find Camm guilty if they believed 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.
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."
Camm's defense attorneys argued this new theory of the crime essentially threw out the blood spatter evidence—the only major piece of forensic evidence tying Camm to the crime. Following the verdict, Richard Kammen stated: "All of a 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."
Acquittal
On October 24, 2013, the jury found Camm not guilty of all charges. Camm's attorneys described it as "vindication". By then, NBC News reported that costs had reached an "estimated $4.5 million".
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." 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.
Bill Lamb, President and General Manager of WDRB, the Fox affiliate in Louisville, Kentucky, issued a public apology to 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." 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."
Media coverage
The case has been covered widely in the media. In January 2014, Dateline NBC aired a two-hour special entitled Mystery on Lockart Road and the case 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.
Blood spatter evidence
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 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.
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 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."
Perjury admission
Evidence of misconduct regarding the blood spatter was uncovered when, in the third trial, 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 high velocity impact spray (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.
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.
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's Mauer School of Law, said that cases had been overturned repeatedly because they have "pushed the envelope" with other evidence, fearing that they would not get a conviction on bloodstain evidence alone.
Shawn Boyne, of Indiana University's Robert H. McKinney School of Law, 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".
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, 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."
Camm's defense team has long been critical of their inability to present evidence of 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.
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 in the investigation of Boney as a suspect. The sweatshirt found at the crime scene revealed Boney's DNA, his girlfriend's DNA, his prison nickname, and his Department of Corrections ID number. 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.
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. 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. 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.
Lead defense attorney Richard Kammen accused police of feeding Boney a false story designed to implicate Camm and coerce Boney into testifying 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 Camm. 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.
Evidence tampering allegations
Another allegation that surfaced involved a distant relative of Boney named Myron Wilkerson (1959–2012). 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. When the phone was located and returned to the police, it was found to have been wiped clean of fingerprints. Wilkerson died prior to the third trial and therefore was not charged with evidence tampering for his actions.
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, the prosecutor, Stan Faith, threatened her when she refused to perjure herself and testify that she had found Camm's DNA on Boney's sweatshirt. 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 that was later determined to belong to Boney.
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. Following the verdict, the jurors explained that they made their decision largely on the molestation allegations, and specifically, on the testimony of Spivack, who testified that the child was molested several hours prior to her death instead of during the attack.
DNA analyst Lynn Scamahorn claimed prosecutor Faith, also attempted to get her to commit perjury by testifying that lab results indicated 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.
The fraudulent testimony of Stites and the attempted coercion of Scamahorn were featured in a forensic textbook called Forensic Fraud: Evaluating Law Enforcement and Forensic Science Cultures in the Context of Examiner Misconduct.
Personal life
In December 2013, Camm gave his first local media interview following the verdict, and attempted to clear up the misconceptions regarding Boney's criminal history.
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. Camm reports that he has forged a friendship with the third-trial jurors. In early December 2013, he met with jurors from the third trial over dinner at a café in Lebanon, Indiana.
Civil lawsuits
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.
Camm was reportedly 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. Frank and Janice Renn steadfastly maintain their belief in Camm's guilt.
In May 2014, Camm served notice of his intention to sue Floyd County and the State of Indiana for $30 million.
Camm settled with Floyd County for $450,000. In January 2018, Camm's civil rights lawsuit against members of the Indiana State Police, prosecutors, and other officials, was dismissed by US District Court judge Tanya Walton Pratt. In explaining the ruling, the court explained it believed that there had been probable cause to charge Camm with murder and that due to Indiana's Tort Claims Act, some of the defendants were immune to liability.
On September 10, 2019, the United States Court of Appeals for the Seventh Circuit reversed the District Court in part stating, "In sum, we reverse and remand for trial on Camm’s Fourth Amendment claim against Stites, Englert, Faith, and Clemons to the extent that the claim rests on the first probable-cause affidavit. Trial is also warranted on the Brady claim against the same four defendants for suppression of Stites’s lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Boney’s sweatshirt. In all other respects, we affirm the judgment." The reversal allowed Camm to sue for false arrest.
A settlement of Camm's final lawsuits was announced April 28, 2022.
Media coverage
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 police and prosecutorial misconduct, including Brady violations, witness tampering, evidence tampering, perjury and an overall shoddy investigation and has been detailed in numerous forensic textbooks.
In 2022, Camm's former defense investigator, Gary M. Dunn, a 27-year FBI agent, released his book, Their Bloody Lies & Persecution of David Camm, Part I, which details how two sets of ISP investigators jumped to erroneous and then outright false conclusions, assisted by a faux blood stain "expert" and supposed crime scene re-constructionist, while being directed by a politicized county prosecutor, Stan Faith.
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
- One Deadly Night (St. Martin's Paperbacks, 2005); ISBN 9780312993092, pg. 8
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External links
- Probable Cause Affidavit at Justice for David Camm
- Trial Blog Archived 2013-10-30 at the Wayback Machine 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
- People from Floyd County, Indiana
- American state police officers
- Overturned convictions in the United States
- 21st-century American trials
- Trials in Indiana
- Police misconduct in the United States
- American people wrongfully convicted of murder
- Perjury
- Wrongful conviction advocacy
- Evidence tampering
- False evidence
- Criminal trials that ended in acquittal
- American people acquitted of murder
- 1964 births