David Camm's 2012 mugshot (Source: Vanderburgh County Detention Center)
The scene of the 2000 murders in Floyd County.
SPENCER COUNTY, IN (WAVE) - New DNA testing and more background on Charles
Boney: Those were the two big requests made by the defense Monday during a
hearing for David Camm, the former Indiana State Police trooper who will be
tried a third time for the murders of his wife and two young children.
Camm's attorneys argued during a court hearing Monday until late in the
afternoon. They want to be able to delve more into co-conspirator Boney's
violent history during Camm's upcoming trial, and they want the state to
give them swabs from Kim Camm's body so they can test for DNA, suggesting the 2000
murders may have been a sex crime.
The defense argued that Boney, who also was convicted in the murders, was
solely responsible. The defense team told special Judge John Dartt they should
be able to go into Boney's violent criminal background at trial. "The
serial assaulter of women, that is Charles Boney, " said Camm attorney
Richard Kammen. "They want to hide all that and present a very sanitized
version of him."
Camm's defense team also asked that prosecutors choose one person to go
after, claiming they're relying on multiple scenarios: Camm acting alone and
Camm conspiring with Boney.
"If (the prosecutors) believe David committed the murders, that's fine.
Then that's what the trial should be about -- not trying to guess a guy into a
conviction," Kammen said.
"It's unfair and it's untrue," Special Prosecutor Stan Levco fired
back. "It's always been the law in Indiana that if you're charged as a
principal you can be convicted either as a principal or an accessory. That's
always been the case."
Levco said it's simple. If the jury believes that the defendant either
committed the crimes himself or helped commit the crimes, then he's guilty.
The defense also wants the state to turn over swabs from Kim Camm's body so
they can test them for DNA. They contend condoms found in the Camms' septic
tank were lost by the state and they suggest maybe the murders were a sex
crime. When asked if they could even find that evidence if it exists so many
years, later Kammen replied, " If they don't," he said,
" that wouldn't be terribly surprising, but if they do, it would be
The Judge took the arguments under advisement and should have an opinion by
the next hearing in April. Camm's trial is set for August. Camm's first
two convictions were overturned.
Sunday, July 27 2014 11:15 PM EDT2014-07-28 03:15:51 GMT
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725 S. Floyd Street
Louisville, KY 40203