Kim, Bradley and Jill Camm (Source: WAVE 3 Archives)
(WAVE) -Prosecutors have rested
their case in Indiana's third effort to convict David Camm for the murders of
his wife and their two young children almost 13 years ago.
Camm himself was their last witness. The court compelled him to show jurors the
tattoo a former inmate claimed he'd commissioned, following his first
conviction in 2002. The artist, convicted murderer Jeremy Bullock, has
testified that Camm confessed the killings to him as Bullock was completing the
his claim to authorities after an appellate court overturned Camm's first
conviction in 2004. He testified in Camm's second trial and has been out on
probation since late last year. Prosecutors persuaded Bullock's sentencing
judge to reduce his prison term.
show-without-tell ended a day in which he lost a bid for a mistrial and heard a
lead investigator concede that a state police detective had removed evidence
without permission. His team also
failed, again, to persuade Special Judge Jon Dartt to allow jurors to hear the
full criminal history of the other man convicted of his family's murders;
Charles Darnell Boney.
had been considering the mistrial motion for two days. Camm's attorneys had
argued the prosecutors in Camm's second trial had withheld bombshell written
statements that Boney's ex- girlfriend, Mala Singh Mattingly, had submitted to
detectives who questioned her shortly after DNA test results had linked her and
Boney to a sweatshirt found at the murder scene.
remedy is to dismiss with prejudice (not bring charges again)," Lead Counsel
Richard Kammen told the court. "We're
not blaming these guys (the current prosecution team), but had we known about
it, we certainly would have questioned Mr. Boney differently."
statement, Mattingly wrote Boney had shown her a photo of a woman he called
"Kim" in August 2000, one month before the murders. Camm's attorneys have
insisted that Boney is the lone killer, and that he may have targeted or
stalked Camm's wife Kimberly.
Mattingly's statement does not indicate the picture was of Kimberly Camm. In testimony Tuesday, Mattingly denied being
able to recognize who was pictured, when detectives showed her Camm family
photos earlier. She also insisted she's never been to, nor even seen, the
Camm's Georgetown home.
an extreme remedy," Judge Dartt told Camm's lawyers Thursday. "The state is ultimately responsible, but
there is an appropriate remedy."
may re-call Mattingly and Boney to explain the statements, but that cannot lead
to questioning Boney about his convictions for violence against women, Dartt
Thursday, former Indiana State Police Det. Gary Gilbert, conceded a cousin of
Boney's had removed Camm's wife's cellphone from an evidence locker shortly
after Camm was charged with the Camms' murders.
locker's checkout log shows that the cousin, ISP Det. Myron Wilkerson, returned
the phone two months later, Gilbert testified.
(Wilkerson) told me that he wanted to see whether he could get any information
from the phone, and that he couldn't," Gilbert testified under defense
cross-examination. "I told him it was
wanted to Kim Camm's phone checked for fingerprints as part of the reevaluation
of evidence prior to Camm's second trial. Technicians were unable to recover
any fingerprints from the phone, he testified.
unable to find out more about three calls listed on Kim Camm's cell
records; one, at 7:50 p.m. the night of
the murders and two more the day after.
them he didn't know whether the calls were incoming or outgoing, and that
detectives made no effort to contact or to learn the names of the customers
tied to the numbers listed.
maintained he delivered the untraceable gun to Camm's house, as Camm requested,
at about 7 p.m. the night Camm's family
was murdered. He also has testified that Kim Camm and the children arrived home
in her Ford Bronco only minutes later, and that he heard Camm shoot them
questioning, Gilbert told defense counsel Richard Kammen the 7:50 p.m.
cellphone call was out-going. If accurate, it could throw Boney's timetable and
account of the shootings into question.
maintains that Wilkerson also was a key player in turning Boney from suspect to
witness, in the days after DNA testing linked Boney to the sweatshirt.
is telling him (Boney) don't let your mother go to her grave with you on death
row," Kammen asked, after playing a recording of part of an early
confirmed the account, but answered ‘no' when Kammen asked whether he'd
encouraged Wilkerson to tell Boney that he could be facing the death penalty.
Thursday afternoon, ISP lab technician Melissa Meyers testified she examined
fingernail clippings of Camm's wife, and 5-year-old daughter Jill, utilizing
testing that identifies only male DNA.
from Jill Camm's left hand yielded DNA that could have come from her father, or
her 7-year-old brother Bradley, Meyers testified. The right-hand clippings revealed DNA from
two males, whom she couldn't identify with certainty.
have come from David Camm or Charles Boney," prosecutor Todd Meyer stated.
could have come from any man," defense co-counsel Stacy Uliana asked later.
conceded that both were possible.
Kim Camm's clipping yielded similar results.
had fought efforts to force Camm to bare the tattoo Bullock inked, arguing that
to do so would be humiliating and photographs would suffice. Judge Dartt
allowed Camm to wear a T-shirt, but denied defense motions to show jurors
photos of another of Camm's prison tattoos, bearing his children's names.
prompted a conference when Kammen told jurors he'd like to make photos
available. Afterward, Dartt's irritation
was visible and audible as he issued jurors instructions prior to their four
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