NEW ALBANY, IN (WAVE) - As prosecutors prepare the evidence to try David Camm a third time for the September 2000 murders of his family, another twist could be the role of Charles Boney in that proceeding.
Boney's role was limited in Camm's second trial because Boney's own trial was ongoing and he had a Fifth Amendment right not to testify. Now all of his appeals have been exhausted, which means he appears to no longer have the right to refuse to testify. He also has nothing to gain or lose by what he says.
Camm's family has long claimed Boney was the real and only killer of Kim, Brad and Jill Camm.
"My truth is Dave Camm is innocent," said Camm's uncle, Sam Lockhart. "Charles Boney is the killer."
Prosecutors say Boney is Camm's accomplice.
Now that Camm will have a third trial, the question is: how much will Boney's involvement in the murders play a role?
Camm's attorney, Kitty Liell says she isn't sure.
"My crystal ball is all cloudy on that one," Liell said.
Liell said Camm's lawyers wanted to call Boney to testify during Camm's second trial.
"If you recall, we did subpoena him in the second trial," Liell said. "And his attorney quashed the subpoena and claimed the Fifth."
Liell wouldn't say if she will try to get Boney on the stand again.
Floyd County Prosecutor Keith Henderson says he's betting on it.
"He'll be called," Henderson said. "I'm certain he'll be called. Whether he will testify or not is going to be up to him."
Now that Boney no longer appears to have a fifth amendment right not to testify, if he refuses, Henderson says, under Indiana law, he can be compelled to testify or face additional charges.
As Henderson explained, if "a judge orders a witness to testify and they say, 'I'm just not going to testify,' the remedy is for the court - the judge - to hold that individual in contempt, with jail time."
However, since Boney is already serving what amounts to the rest of his life in prison, jail time is not much of a threat to him.
If Boney does refuse to testify, Henderson says the jury could hear parts of Boney's many - and sometimes conflicting - statements to police, which were inadmissible in Camm's previous trial.
"I don't want to break his statements down," Henderson said. "But that could be a possibility as to what comes in."
Those statements vary wildly as to what Boney said his and Camm's involvement was in the murders.
Lockhart said that's part of what makes him think Boney is guilty and Camm is not.
"You talk to Charles Boney and see how many stories he has," Lockhart said. "You talk to David Camm and the people who were with David Camm and the people who were playing basketball see how many stories they had."
Bottom line: Boney is a true wildcard because his stories have changed over time and because if he were to take the stand, there's no telling what he might say now.
Pat Renn, who represented Boney at his trial, says he doesn't think Boney will have any impact on Camm's third triple murder trial.
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Tuesday, December 1 2009 12:09 AM EST2009-12-01 05:09:24 GMT
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