WAVE 3 TV Louisville, KY | Indiana high court hears David Camm's latest appeal

Indiana high court hears David Camm's latest appeal

By Janelle MacDonald

LOUISVILLE (WAVE) -- Eight years after the murders of his wife and two children, David Camm's case is back in court. Thursday, his lawyers and the state of Indiana went before the state's highest court. Camm's lawyers hope the Supreme Court will throw out his second guilty verdict and give him a third trial. WAVE 3's Janelle MacDonald has been following this case for us and covered the last trial. She was in Indianapolis for Thursday's arguments.

"The opportunity for oral argument is essentially to answer questions," said Steve Creason, Deputy Indiana Attorney General.    

The Indiana Supreme Court justices had plenty of questions for both sides. For one: Is there evidence Camm molested his daughter Jill? Should the jury have heard that accusation during closing arguments?

"You don't have any evidence at all that Camm is the perpetrator of that right?" asked Justice Frank Sullivan, Jr. of the Indiana Supreme Court.

"If the inference that Camm was not, was the perpetrator of any molestation that may have happened was too tenuous, then the jury would have rejected that," said Creason in court.

Camm's attorneys say they were glad the justices asked that question.

"I thought they were right on. I mean, it's clear, it's an easy issue. If you look at the law. The law says they have to have a connection and there is no connection," said Stacy Uliana, one of Camm's lawyers.

Camm's lawyers think that evidence is one of the key reasons the jury's verdict should be thrown out. They say the jury never should have heard it, but should have heard evidence of co-defendant Charles Boney's past crimes they believe connect him -- and him alone -- to the murders.

"When I talk to people about this case, the first question I always get, ‘Why would Charles Boney be out in the middle of the country, in this house?' and I can't answer it without this evidence," Uliana said.

How and when the justices will make a ruling is anyone's guess. Both sides will wait, hoping it goes their way.

"My hope and prayer is that the justices will take that in, that they will understand what their job is to do now and they will turn an innocent man free," says Sam Lockhart, Camm's uncle.

"After 24 jurors, two separate trial judges in two separate counties, and now the Supreme Court, once this is over, it's time for it to be over," said Keith Henderson, Floyd Co. Prosecutor.

I asked Camm's lawyers if the fact this is a second conviction makes these arguments more difficult. They say the standard the justices will use is the same, however, mentally that is a hurdle to overcome.

Online Reporter:  Janelle MacDonald

Online Producer: Charles Gazaway