The wrongful conviction of David Camm

David Camm is currently in prison awaiting a 3rd trial for the murder of his wife and two children. What he has been subjected to throughout the investigation and trials is simply incredible and has been an enormous injustice.

In September, 2000 David arrived home from a basketball game, pulled into the driveway and noticed the garage door was open.  When he entered the garage he found his family had been shot to death in the garage. Three days later he was arrested for the murders.  Despite having a solid alibi and no evidence linking him to the murders, he was tried and convicted twice largely due to prosecutorial misconduct, junk science, inadmissible evidence presented and character assassination.

Both convictions were overturned on appeal, due to the judge’s rulings that inadmissible evidence was presented.  Yet the overzealous prosecutor continues to pursue a conviction against him. And the inadmissible evidence caused the prosecutor to have to find a new “motive” for the murders in the second trial. I suppose this time they will have to come up with a third motive.

The first trial occurred in early 2002. The evidence presented:

  • Life Insurance – Prosecutor Orth told the jury that Camm took out $500,000 worth of insurance policies on his wife and two children, one policy only two months before the murders. Defense attorneys countered that only $150,000 of the policy was for Kim Camm, $250,000 was for David Camm and the rest was for the children. Kim, an accountant, was the one in charge of securing the life insurance, mostly on Dave, because he had lost his group policy when he left the Indiana State Police.
  • A 7:19PM phone call that prosecutors state Camm placed from home near the time of the shootings. During the trial the phone representative clarified that an error had been detected and the phone call was actually placed at 6:19PM (the time that Camm claimed he made the call, before leaving for the game).
  • Although 11 people saw Camm at a basketball game either playing or watching the entire time in question, prosecutors claim that he must have left the game, went home and killed his family and then returned to the game! However, during the one game that he sat out, a church elder spoke with him the entire time.  Not one person has ever wavered in their statements that he was there, that they never saw him leave, and never missed him at all.
  • Past affairs – the prosecutors made this part of the trial even though Camm wasn’t presently involved in an affair and it had no relevance whatsoever.  It was character assassination, nothing more. In fact, other former co-workers also engaged in such adulterous behavior and were a part of the same State Police Post which conducted the investigation. The first conviction would ultimately be overturned based on this.
  • Blood spatter – the blood spatter evidence seemed to contribute the most to his conviction, even though the defense expert testified that the blood found on his clothing was contact, not high velocity spatter.  It turns out that the State’s so called expert had never even handled a homicide investigation and long after the trial admitted he had fabricated his alleged expertise, education, and qualifications.  In fact, he hadn’t even attended the elementary 40 hour introductory bloodstain course which one evidence technican claimed would only make a person “dangerous” when rendering a blood stain interpretation.    He admitted he was only sent to the scene in order to take photographs and make notes.
  • Prosecutors were involved in the crime scene evidence just after the murder. A lot of the evidence was lost and nobody was ever held accountable for it, including a shower curtain in the house, away from the murder scene, which had the appearance of a blood stain and two condoms in the septic tank; the Camms never used condoms.
  • A sweatshirt was found at the scene, near the young boy.  Foreign DNA was found on the shirt but prosecutors did nothing to try to identify the origin of it and simply ignored this piece of evidence. When the defense found unknown DNA on the collar of the sweatshirt, the defense attorney asked the prosecutor to compare that DNA to the national CODIS database containing the DNA of convicted violent felons.  The prosecutor claimed there was no match when, in fact, no such search was conducted.

Despite Camm’s alibi and offsetting blood spatter “experts”, the jury returned a guilty verdict after 4 days of deliberations.  The jury had this to say:

One of the jurors who initially wasn’t convinced of Camm’s guilt.”I’m not going to say there’s not any doubt — there’s always going to be some doubt,” Kimbley said.Alcock reported that Kimbley was one of the last two jurors to vote guilty. Another juror, who didn’t wish to be identified, told Alcock that the intitial jury poll, right after they were given the case Friday, was 8-4 in favor of convicting Camm. By Sunday, the jurors stood at 10-2 in favor of convicting Camm.That’s when jurors told Judge Richard Striegel that they could not reach a decision.The jurors went on a dinner break, deliberated for several more hours, and then came back with a guilty verdict.”There was a lot of high emotions and there were times when people were very emphatic in their beliefs,” Kimbley (pictured, right) said. “The very most incriminating thing was the blood stains.”

So Camm was basically convicted due to one inexperienced person’s opinion of blood stain patterns on the shirt he was wearing that night.  But the alternative and likely explanation for the blood found on his shirt was that he got blood on his shirt through contact with his daughter’s hair when he retrieved his son from the back seat of the vehicle in order to render CPR.  His son, unlike his daughter and wife, wasn’t shot through the head. Additionally, the defense expert’s opinion makes more sense because they were 8 tiny droplets and they were not in a uniform pattern.  To shoot a person at close range, one would expect a massive amount of blood spatter to be present on the clothing.

How is anyone to believe that he left a basketball game, drove home, shot his family and then returned to the game still wearing the bloody t-shirt, but nobody at the game noticed the blood?  It doesn’t make any sense.  Certainly the statements from the 11 people who saw him that night should have superseded any “opinion” on the blood stains. To suggest that all 11 people are lying is unreasonable. These are 11 people from the community and the prosecutor somehow dismisses all of their statements AND the jury somehow is convinced to convict him.  How can that be?

In fact, the first prosecution story was the murders occurred after Camm returned home but they were forced to change that when the blood serum separation from the head wound of Kim Camm indicated the murders had to occur during the basketball games.  Thus, the players, who had told the truth during the first prosecution theory, were now liars when the prosecution changed their theory the murders occurred during the games.  In short, the basketball players all had to lie in anticipation of the prosecutor changing his story.

This conviction was overturned on appeal a little over two years later, in August ’04.  The judge stated that the affairs had no place in the trial.  The Indiana AG tried to get the conviction reinstated but the supreme court ruled against it.

In November ’04 the new prosecutor, Henderson made the decision to retry the case with “a fresh set of eyes”.  He claimed to have evidence from a jailhouse informant who stated that Camm admitted his guilt to him.  He also brought up allegations that Camm may have molested his daughter as a motive for the murders.  Of course, it didn’t matter that there was absolutely nothing to back up this claim.

The prosecutor claimed the “fresh eyes” would re-cover everything and be independent of the first investigation.  The lead detective of the “fresh eyes” was also a State Police Detective who would but work part-time on the case and never had any forensic evidence submitted for testing or matching prior to issuing his conclusion in the form of a “new” affidavit.

The “fresh eyes” detective included the same refuted allegation that a 7:19 p.m. call was made from the Camm residence; they were still using “evidence” which didn’t exist.

In preparation for a new trial, the defense team requested DNA testing on the sweatshirt that had the unknown male DNA on it.  In February, ’05 the DNA was found to match a man by the name of Charles Boney.  I’m going to copy portions of the Justice for David Camm website to describe the details about this newly identified suspect.

Three days after his sweatshirt and DNA was identified, Boney was found to be living in Louisville, less than 25 minutes from the Camm residence. At the time of the murders, he was living with his mother, who later admitted that she had sent him on errands to a nearby meat store which also happened to be owned by Kim’s sister and brother-in-law and which Kim and the kids frequented on a routine basis.

Boney was soon interviewed by the police and claimed that he had numerous people who could alibi him for the afternoon and evening of September 28, 2000. The police accepted his story even though the critical alibi witnesses weren’t interviewed and even though Boney had failed a stipulated polygraph examination as to his involvement in the murders. The polygraph examiner who administered the polygraph to Boney acknowledged that the “Fresh Eyes” investigators were both surprised and shocked at the results.

What happened next will astonish many people. At a press conference on February 28, 2005, Boney was defended by the prosecutors. They claimed that his story about giving the BACKBONE sweatshirt to the Salvation Army after his release from prison had checked out. They insisted that David Camm was still the one who was responsible for the murders of his family. As to an 11-time convicted felon who assaulted women, robbed women, kidnapped women at gunpoint and who threatened to blow their brains out, he was regarded by the prosecutors as simply having his sweatshirt show up at the crime scene through no fault of his own. Nothing was said to the public about Boney’s failed polygraph or the failure to verify his false alibi witnesses.

Deputy prosecutor Steve Owen asked this question at the same press conference, “What do you think? Mr. Boney’s going to come out of jail, go to somebody’s house in Georgetown, brutally murder three people and say, ‘Oh, I think I’ll take off my sweatshirt that I got from (the Department Of Corrections) and lay it down here by the blood (boy). Does that make sense to anybody?” Owen said it didn’t make sense to him, but it sure made sense to a lot of people that an enraged, violent person, engaged in a sexual assault of a woman, who then shot and killed her and her two children, just might leave evidence at the scene of a crime. After all, Boney had left his property and fingerprints at previous crime scenes.

The defense tried to get the prosecutors to act and filed a motion for Judge Aylsworth to authorize an arrest warrant for Boney. That failed. Boney’s identity and the fact that his sweatshirt had been linked to the crime scene (and prior to the defense being advised that his DNA had been identified) was leaked to the press, presumably by someone in the prosecutor’s office, and Boney was in the process of giving an exclusive interview to a Louisville television station.

Boney was found and then quickly interviewed by a retired FBI Agent who was working for the defense. During the videotaped interview of Boney, he was caught in numerous lies and he claimed that nothing more of his would be found at the crime scene, including other DNA or his fingerprints. In fact, he stated that if anything else of his other than his sweatshirt was found at the scene it would be obvious that he murdered the family.

Weeks after Boney was first interviewed and when the police took his finger and palm prints, the unknown palm print was finally compared to that of Boney. It was a match. It was therefore “obvious” that he was the murderer. Only the police still thought that David Camm was involved, due to the “compelling” evidence of blood spatter, according to Detective Gilbert. The prosecution and the investigators weren’t giving up on Camm being involved.

The “Fresh Eyes,” however, were compelled to arrest Boney. After his arrest and initial interview, he was allowed to be alone for several hours in order to compile a written statement. His assertions quickly changed, however, and at the end of the post-arrest interviews, the investigators told Boney that his story was a “crock of shit.”

After that first round of interviews, ISP Detective Myron Wilkerson, a distant relative of the Boney’s, found Boney’s mother and sister and, according to them, told them that they needed Boney to sign a “conspiracy note.” Boney’s sister was allowed to meet twice with her brother, including a contact visit, prior to his next interview. It was obvious that the ISP and the prosecutor needed to link Boney and Camm together and they were trying to get Boney to provide information of a “conspiracy” between he and Camm.

It took over 30 hours of interrogations and changing and contradictory stories for Boney to finally provide a story that was the stuff of fairy tales, saying that he only sold a gun to David Camm which was used in the murders. Nothing of what Boney said, including when and how he supposedly met Dave, where he obtained the gun, and other aspects of his story have ever been corroborated. Nothing of what he said could be construed as the two conspiring with one another. Boney put the murders all on Camm.

Parts of the interrogations of Boney are chilling, however. He was told by Wilkerson that he was an “opportunist” whose “best scenario is to be a witness.” He was further told that David Camm had an alibi which was “gonna be a problem.” Wilkerson told Boney that his goal was to keep Boney alive. Boney was given a stark choice. He could be a witness or face the death penalty. Incriminate Camm or die were his options. He chose the option that kept him alive. It was clear to many that the death penalty was spared in exchange for Boney incriminating Camm.

Another astounding facet to the Boney interviews is the fact that critical parts of Boney’s written statement and later his stories were first provided by the authorities. It was Wayne Kessinger, one of Henderson’s investigators, who first suggested to Boney that the gun was “dirty” or “untraceable” and that he might have had it wrapped in his sweatshirt. Boney later incorporated those two aspects with his story that after he bought the untraceable gun, he wrapped it in his sweatshirt prior to giving it to Camm.

What else did Boney claim? He said that he first met Dave in July, 2000, at a local park where they were playing full-court basketball. In addition to the ten players there were several others present as onlookers. How many witnesses were found that saw the two together? None. There were no witnesses.

Boney also claimed that he and Dave never spoke on the telephone but met in front of a convenience store immediately adjacent to Karem’s Meat Market owned by Kim’s sister. It was there that Dave spoke to him about getting a gun and later where the gun was provided. That’s smart. Meet and talk with a convicted felon and obtain a gun in a busy parking lot of a business owned by your sister-in-law where you’re well-known. As one might guess, there were no witnesses.

Boney also said that he knew that Dave was a former ISP trooper but that Dave trusted him enough, after ten minutes of conversation, to ask him to find him a gun. That contradicts Boney’s other statements to many others, including the defense investigator, that he would never trust a cop.

Dave agreed to a price of $250, but there was no discussion as to what make, model, caliber or type of gun. Boney claimed that he went to his long-time acquaintance, Larry Gerkin, who lived in Louisville, and purchased a .380. Wayne Kessinger, who spent 30 years with the Louisville Metro Police, was unsuccessful in finding Gerkin, much less identifying him. Gerkin was probably just a quick figment of Boney’s imagination. (One should ask why he would lie about the identify of the real source of the gun, however.)

After claiming that he sold Dave one gun on the afternoon of the murders, which was delivered in the same Karem’s parking lot, Boney claimed that he followed Dave to his house. For 15 or more minutes, he followed Dave home, but he couldn’t remember the vehicle that Dave was driving, thinking that it was a LeSabre. Dave, of course, drove a white pickup truck. Boney did recall, in the span only seeing Kim’s Bronco for mere moments, that her car had an FOP sticker on the license. Boney then said that he was outside the garage next to his car when Kim and the kids pulled into the driveway. He said he then heard three pops and Dave walked outside the garage and confronted him.

Incredibly, Boney also claimed that Dave then tried to kill him but that the gun jammed. Boney said Dave then ran into the house from the garage, presumably, according to Boney, to get another gun to kill him. Dave, a former SWAT member, panicked when a gun jammed and ran away was Boney’s story. Ask any law enforcement officer, or better yet, a SWAT member, how long it takes to remove a jam in a semi-automatic handgun. Mere seconds will be the answer.

Rather than fleeing the scene after Camm tried to kill him, Boney then said he followed behind Camm and walked into the garage. He said that he then tripped over Kim’s shoes and that he leaned down, picked them up and placed them neatly on top of the car. He then leaned into the vehicle and looked to see what was inside because of “curiosity.” That’s when his palm print was deposited on the door jamb, as he was looking in at Jill and Brad.

It was only then that he decided that it was time to leave. As he was driving away, however, he saw in his rear-view mirror a woman in a vehicle that looked like a state owned Crown Victoria. Boney was trying to incriminate a female trooper associate of Dave’s. She had previously been eliminated as a suspect because when the crimes had occurred, she was with friends eating a late dinner. (The new investigators suggested that she take a polygraph as to her possible involvement. She passed the polygraph.)

Boney’s story is not supported by any witnesses, any records, any documents, or any other corroboration at all. It is his unsupported story, fostered by the need to have him incriminate David Camm, which he finally provided. The story is that of a person who knew he had to incriminate David Camm in order to escape the death penalty, which he did. His stories were labeled by the police investigators as a “crock of shit” and as a “story of convenience” but they finally had him incriminating Camm.

After several interviews the police finally had Boney incriminating Camm. What happened next? Prosecutor Henderson dropped the charges against Dave which were pending in Warrick County. For a little over an hour the Camm and Lockhart families thought that justice finally had been achieved. They didn’t know that Henderson had already drafted another new probable cause affidavit, the third one, against Dave.

On March 9, 2005, David Camm was, for the third time, charged with the murder of his family. This was the prosecution’s fourth theory. Lead “Fresh Eyes” investigator Gary Gilbert swore under oath that Dave not only committed the murders but that he and Boney conspired with one another to commit murder. Boney didn’t provide any “evidence” of such a conspiracy. There were no witnesses, no documents, no records, and no connection whatsoever between the two.

Many wrongful convictions have been overturned based on new DNA evidence that was located at or near the scene of the murder but for whatever reason was never tested.  But in this case, prosecutors found a way to manipulate this suspect into implicating Camm by giving him the choice of incriminating Camm or facing the death penalty.  It is astounding.  David Camm had an airtight alibi at the time of the murder, confirmed by 11 witnesses who have never wavered in their statements. This combined with identification of the real killer, a gunman who attacked women at night, and who had a sexual fetish for shoes, by all logic should have resulted in an exoneration for Camm.

In January, 2006 Boney was tried and convicted of conspiracy to commit murder and three counts of first degree murder. The conspiracy “evidence” was based upon the deductions of one of the detectives who interviewed Boney, even though no records, documents, or witnesses were produced putting Camm and Boney together at any time.  The only one who claimed that the two knew one another was Boney and his stories changed each time he was interviewed.

Camm’s 2nd trial was taking place in a different town at the same time as Boney’s trial.  The jury never got to hear that Boney was convicted of the murders.  And they never got to hear the details of his past criminal actions that were entirely consistent with the attack of Kim Camm. The jury wasn’t allowed to hear any of Boney’s many changing and contradictory statements, listen, or view any of his interrogations.

Interesting testimony at this second trial came from a forensic expert for the prosecution in the first trial.  She testified that the prosecutor tried to convince her to testify that Camm’s DNA was found on the sweatshirt but she refused.

A forensic scientist was reduced to tears while recalling an encounter with the former prosecutor in the case, WLKY NewsChannel 32’s Julia Harding reported. Lynn Scamahorn took the stand and recalled a conversation with Stan Faith, who got a conviction of Camm the first time around in 2002.

Scamahorn told the jury that in 2002, Faith tried to get her to change her testimony about DNA evidence on Boney’s sweatshirt found at the crime scene. She testified that DNA was found belonging to Boney, his girlfriend — Mala Singh Mattingly — Kim Camm and Brad Camm, Harding reported.Scamahorn said Tuesday that Faith wanted her to say that David Camm’s DNA also was on the sweatshirt. She refused, and said her job was threatened when Faith told her that her refusal could be a Class D obstruction of justice.Scamahorn went on to say that Faith yelled and swore at her. When asked if it upset her at the time, Scamahorn started to cry on the stand.”Any attempt to influence her in any way to say something that’s not the complete truth is relevant, and the jury needs to hear it,” Uliana said.But when he was reached for comment Tuesday, Faith told WLKY that he didn’t swear at Scamahorn or threaten her job.

So first they continue to go after Camm, despite having successfully prosecuted Boney for the murders, and now this coercion of an expert witness becomes known. This shows how far prosecutors were willing to go to convict him.  But that’s not all. Tom Bevel (blood spatter “expert”) also testifed at Camm’s second trial that the blood on Camm’s shirt had to come from high velocity spatter and that he had to be present when the victims were shot.  This was countered by defense experts Paul Kish and Bart Epstein who asserted that the blood was transferred to his clothing by contact when he found the bodies.  Remember that prosecutors allege that Camm left the basketball game to go home and do the shootings.  Common sense tells you that he couldn’t possibly have returned to the game in bloody clothing!  Yet, there is no explanation offered about that.

Tom Bevel’s expertise is currently under scrutiny in the Horinek case and experts have shown that Bevel’s findings are incorrect. It turns out that his findings are also questionable in a number of other cases. Many believe that blood spatter evidence is junk science because it is so subjective.  It’s disturbing that so many people have been convicted soley on this, but the jury obviously believed Bevel and despite the conviction of the real murderer (Boney), David Camm was again found guilty of the murders.

The trial judge at Camm’s trial was forced to dismiss the conspiracy charge when the prosecutors failed to produce any linkage whatsoever between Camm and Boney.

During the trial, graphic photographs of all the victims were shown to the jury, including photographs of Jill’s genitalia, which had non-specific, blunt force trauma to the exterior genitalia.  It was impossible to determine the source of the injuries but the likelihood they had been present prior to the night of her death was extremely unlikely.  The day of her death, Jill had been a very athletically active little girl at school, dance class, and at her brother’s swim practice.  One of the prosecutor’s medical examiners initially claimed that such an injury would have “hurt like hell” and been impossible for Jill not to complain about.  That examiner later changed her story at trial.

(Also not told to the jury was the story from Boney’s first wife.  She told of returning home one day to find Boney slapping and hitting their one-year old son.  Boney had a history of abusing a child and admitted, according to another witness, that when he got angry he would fly into a rage and literally see white, not knowing what he was doing.)

Regardless, the prosecutor claimed, without any evidence and without any linkage between those injuries and her father, that Camm was responsible and was a molester.  The stain stuck.  When explaining their guilty verdicts, the jury foreman stated the molestation was a “key factor” in reaching their verdicts.

Again the conviction was overturned on appeal.  This time it was due to prosecutors making the unfounded accusations that Camm molested his daughter.  That was the alleged motive in trial number 2 since prosecutors were forbidden from using the affairs again.

The Indiana Supreme Court has thrown out the murder convictions of a former state trooper in the deaths of his wife and two children and ordered a new trial.

David Camm has twice been convicted for the killings, but the court in a 4-1 ruling released Friday said the judge in the retrial improperly allowed prosecutors to raise the prospect that he had molested his daughter despite not presenting evidence he had done so.

But Camm’s nightmare still wasn’t over.  The AG requested a re-hearing of the appeal:

The Indiana Supreme Court won’t reconsider its ruling that overturned the murder convictions against a former state trooper accused of killing his wife and two young children.The court voted 3-2 Monday to deny the attorney general’s request for a rehearing of David Camm’s appeal.

In 2009 prosecutors made the decision to try Camm a 3rd time.  But the prosecutor, Keith Henderson had been working on a book deal which, according to Camm’s attorneys, violated Indiana rules and ethics.

Camm attorney Stacy Uliana wants a special prosecutor appointed because Henderson struck a deal to write a book about the case.”There’s no book deal,” Henderson said. “There was, and it would be my hope in the future there will be.”

Henderson saw nothing standing in his way in pursuing a third conviction against Camm for the deaths of his wife and their two children.”Once the conviction of David Camm occurred in March of 2006, my representation ended with the state of Indiana in the Camm case,” Henderson said. He said he called off the book deal when the Indiana Supreme Court overturned Camm’s conviction in June. But Uliana contends Henderson never stopped representing the state of Indiana.

“The American Bar Association has set forth standards for prosecutors that they should follow, and they exclusively state that a book deal that a prosecutor has during a case should be scrupulously avoided, because it creates this inherent conflict between one’s interest in selling a book and the interest of society,” she said.

More recently, Camm’s attorneys have successfully argued, through the Indiana Court of Appeals, and most recently upheld by the Indiana Supreme court, that a special prosecutor be assigned.  In a compelling conclusion, the Indiana Court of Appeals ruled that Henderson had “a clear and convincing…conflict” and had “permanently compromised his ability advocate on behalf of the people of Indiana.”

Prosecutor Henderson, in addition to being off the case permanently, is also facing a Disciplinary Commission inquiry.  He’s not paying for that alleged misconduct, however, since the county taxpayers are on the hook for the $375 an hour attorney he retained.

So Camm is awaiting the 3rd trial and remains in prison at this time. Words can’t adequately describe the injustice that has occurred throughout the investigation and trials relating to this case.  It is my opinion, based on all the evidence, Boney’s conviction, Camm’s solid alibi, unreliable blood spatter evidence combined with the blatant prosecutorial and judicial misconduct that led to his first and second convictions that Camm has not been given fair trials and it’s quite evident that he is innocent.  It is beyond outrageous to subject him to another trial and for the taxpayers to bear the burden of another trial that is estimated to cost $1 million dollars, but that is what the State of Indiana is planning.  David Camm deserves to be set free now.

I will continue to follow this case and will post updates.

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42 thoughts on “The wrongful conviction of David Camm

  1. This sounds like another case where the defendant should never have been charged with the crime. I don’t understand why prosecutors are like rabid dogs with these cases – they REFUSE to acknowledge actual evidence and pursue the defendant like it’s a personal vendetta! The prosecution seems willing to break laws to see that this particular person is found guilty, despite 11 witnesses providing a solid alibi and even having the truly responsible party already in jail.
    Why do juries believe the prosecution? Why don’t they believe the alibi witnesses? I’d like to think that I’d be able to see through the “smoke & mirrors” were I ever to serve on a jury, so I wonder why the actual juries can’t?
    Is the railroading of innocent people as rampant as it appears to be?

    • It is more rampant than most Americans could ever imagine. I am well aware of how prosecutors operate. My husband is a registered sex offender. He was falsely accused and then wrongly convicted in 1986, during the time of the McMartin Preschool trials and other highly publicized witchhunts of daycares. His accusers are now grown with children of their own and they have continued their false accusations of child molestation since 1984. We have found 6 other men and 1 woman they have falsely accused, all with successful convictions. Currently, 28 years from thier first false allegation a man is in jail, been there since 2008 awaiting trial. I have given all the information I have on this lying family to this mans attorney. The trial is this Tuesday, and we are praying the judge will see the light. The prosecutors should have checked this lying family out before following through with charges on this man. There was ZERO evidence except for what the kid was saying. When will it stop? We, the people should fear the very ones we expect to protect us.

    • The guy has an 11 person water tight alibi. Well and truly been stitched up and WRONGLY CONVICTED of a crime he DIDN’T committ. If you got the choice of 225 yrs in prison or the DEATH PENALTY, then your gunna tell prosecutors what they want to hear. I hope Mr David Camm sues the state for everything coz he’s served 13 yrs behind bars for killing his family. It’s so wrong, but which justice system is gunna hold there hands up and say, that mans INNOCENT, let him out? They don’t like to admit there wrong coz it means an apology and millions in compensation. Good luck to you Mr David Camm. God Bless you man…….

  2. Is the railroading of innocent people as rampant as it appears to be?

    Yes, unfortunately it appears to be quite widespread. There’s been hundreds of recent convictions overturned due to DNA evidence but for every person exonerated, they seem to be putting another person away, using the same tactics. Until prosecutors are held accountable and prosecuted themselves, this will continue and innocent people will suffer and the guilty will be free to commit more crimes.

    It really is a shame that society hasn’t learned from the mistakes of the many wrongful convictions. This shouldn’t be happening.

    • What can we, as private citizens, do about what has been happening in our judical system? Everyone of these events and there has been so many convictions of innocent people have to be investigated but by who? It brings tears to my eyes.

    • I have followed this case from the very beginning and can not understand how David Camm could to be convicted twice on inconclusive evidence. What can we do, as citizens of the United States to change the wrongful convictions of many innocent people?

      • There is little we can do, unfortunately. Until prosecutors are held accountable, this will continue. I do all that I can to highlight it in as many cases as possible. There are many groups working on this. The DOJ recently donated $250K to Duke Center on Wrongful Convictions. We just have to keep pushing for change.

        • Thank you Lynne0312 It reassures me that there are many other people who feel the same way I do about the prosecutors and the judical system. Hope you are active, as well, in the Darli Routier case. I do not feel that she killed her boys and I followed that case as well as David Camm. There are so many unjust things happening in our world.

    • there are more gov. entities that are not held accountable to anyone.what could be thyre motives,power ,money,book deals maybe.those are the motives used to prosecute many.

    • That’s not true! The person that killed them knows the truth! God is not his judge right now.. The jurors are. How can you possibly say trust in god when he has already been convicted twice with no evidence, 11 witnesses and Charles Boney already convicted of the same crime? I quite sure if I was in his position, I would be trusting in No one!

  3. To all my friends. Please read this with an open mind. As much as I love Dave, I would never defend him if I knew he was guilty. No in my family would have. Kim, Brad and Jill were like my own children. We would never defend their killer, no matter who it was.

  4. Thank you so much for taking the time to condense the facts. I have posted this information on every blog and news site I could find, in hopes that this injustice would gain the attention it deserves.

    Mention is rarely made of the close relationship of Charles Boney’s mother and the first prosecutor. It does not come up that Faith drove Boney home from prison when he was released prior to the murders or that he appeared as Boney’s defense in a Bloomington Indiana on unrelated charges just prior to Boney being arrested for the murders.

    • Thank you, Kathy. I tried to keep it as condensed as possible but there is so much to this case. I did notice that connection between the prosecutor and Boney. I’m glad you brought that up. When I get a chance, I will write a separate summary on that because it’s important. It’s so important to get the facts out there.

    • Thanks Lynn, if you ever have questions feel free to jump in on the Free David Camm website, and we will try our best to get you the facts!

  5. Prosecutors in this country are the new Hitler regime. We, the people are at their mercy. They do not care about finding the truth, they just want to win convictions. We, the people need to fear the very ones we expect to protect us. Nearly 750,000 registered sex offenders are on the registries in America, experts say only 10% of those are actually guilty, Child molestation and domestic assault are two of the easiest charges to falsely accuse a person of, and the prosecutors in this country will prosecute every single one even when there is zero physical evidence. These types of cases are called no-drop cases, meaning the respective state they are in will receive federal funding to “help” the so called victims of abuse. In reality, that funding is helping the offender because the true victim is sitting in jail or prison or on the sex offender registry charged and convicted of a crime they are 100% innocent of.

  6. Hitler regime, is so CORRECT, these prosecutors are all about the numbers, with no regard for human life. The SYSTEM doesnt work…. wake up America. Let this man go…….

  7. Thank you so much for all the work you put into this report. As you said, there is so much more the public is unaware of. I know many of those involved in David’s convictions personally. I can say with certainty that adultery and other unethical and illegal acts are commonplace in so many of their lives. Persectuting an innocent man for poltical and financial gain is in their nature. With help from people like you however, these people can be exposed and with God’s help, David can be freed. However, there will not be justice for David in this lifetime. He cannot regain his family or the years or his reputation this evil took. The hell he has been put through will never be erased. But, with faith and reliance on God, David has hope for a future where he can experience happiness once again.

  8. I’ve always believed he was innocent. Something in his eyes. Such a horrible injustice. Henderson is a pathetic excuse for a human being. David should be FREE… I can’t help but think of Shawshank Redemption. 😦

  9. How do we get all we can on the David Camm case sent to the newspaper in Evansville, IN? they now have chosen a new prosecutor from that area. The judge, Henderson and this new prosecutor all know each other. How will he ever get a fair trial almost in the exact county the second trial took place. These are small towns, people all know each other. Is he ever going to get a true fair trial? The Evansville paper needs to print all that we know for the public to see.

  10. I am praying that this new prosecutor, inspite of knowing both Henderson and the Judge, will be a seeker of the truth. He is older and is retiring from years as a prosecutor and doesn’t have to make a name for himself as the past two prosecutors wanted to do, especially Henderson, so I pray the God will give him a heart for the truth!

  11. Stan Levco (AKA the new special prosecuter) is known around these parts as “Let ‘Em Go Levco” (these parts being Evansville area). He’s a decent guy, and he is fair as fair as I know (no dealings with him personally). I just found out about this case today via a post on the Courier and Press website from last week (it’s getting close to finals, and I have been totally immesred in studying!), and I just can not believe in this day and age this gross abortion of a miscarriage of justice has happened. It’s like a bad Hollywood movie script! :O I, after spending most of the day researching this case, fully believe that he is innocent, and hopefully he will be proven not guilty and released. Too many people are too quick to junp on the “he’s guilty” bandwagon, but I want to know the facts first, and there is just too much proof that Boney is guilty and Camm is innocent.

    • Nope. Levco is no better. I am currently involved in a case with him. Don’t expect anything different than Henderson or Faith. I was not much of a believer in conspiracy theories until I became involved in the justice system (also unfairly). They do not believe in “innocent until proven guilty.” From the street to the bench, our so-called “justice” system is horrendous.

  12. i believe that this man is innocent…people need to watch the 48 hours mystery show about his case…i thought he was guilty has sin untill i saw this show…if my husband had molested our daughter i would go straight to the police..then to my family home..i would not have went back to our home peroid….why did she tll her parents?? because it never happen…the murder is in prison this man needs to be set free.today!!! a miscarriage of justice!! i agree with everything so far on this page…why was he railroaded???

  13. I been following the case of David Camm I quite don’t understand how a person could have 11 witnesses saying he was there it basketball game and be charged with murder put yourself in his place it sounds like the law could do anything they wanted don’t matter if you had witnesses are not so before you judge him look at it if it was you and it didn’t count if you had witnesses

  14. I been following the case of David Camm I quite don’t understand how a person could have 11 witnesses saying he was there it basketball game and be charged with murder put yourself in his place it sounds like the law could do anything they wanted don’t matter if you had witnesses are not so before you judge him look at it if it was you and it didn’t count if you had witnesses

  15. In the beginning and all along, I have thought Dave was guilty. At first, I also thought Boney only supplied.the gun. Now seeing this Blog, (which my daughter told me about) definitely brings up some very good points. She also thought Dave was guilty from the start too, but now is not so sure. In fact she is leaning toward Dave’s innocence. I am interested in hearing the details of this third trial. I have always heard and witnessed how some officiers of the law can be dishonest, so it can be done. It’s unfortunate that people have lost all trust in our legal system. The law that says you are innocent until proven guilty went out the window a long time ago. I worked in an ER for 15 years and witnessed the judgement of people before they ever left the ER. I wish you all a fair trial, which is the least they can do plus it is Dave’s right!!
    Very good Blog.

    • Pat – Thank you for taking the time to post your thoughts. Like you, I always assumed people were guilty if they were convicted. After following a local trial here in NC, it opened my eyes. I’ve since found several wrongful convictions all across the country. I came across the Camm case while researching cases that one of the experts testified at (Tom Bevel) because many of his opinions are now being questioned and I understand now how much uncertainty exists with blood spatter evidence.

      When I started looking into this case, I was shocked after reading through the facts and I just had to write about it. I believe 100% that Camm is innocent and he is a victim of corrupt prosecutors who did not (and still do not) want to admit they made a mistake in charging Camm with the murders. It’s horrific to think about what this man has been through after losing his family.

  16. First of all, I definitely agree with you about David Camm being innocent, but on another note, I may have another story that will interest you, Lynne. My father was falsely accused of crimes, and the DA and Oregon State Crime Lab lied and manufactured false evidence in order to convict him. He also had a rock-solid alibi, but law enforcement illegally seized documents protected by attorney-client privilege which had his alibi information, and adjusted their charges accordingly.

    A large part of the case was built on the allegation that my father had shown underage girls pornography on my computer (which my father used on occasion as well). The State Police officer testified under oath that the pictures that the girls claimed to have seen on my computer were indeed on the computer and the girls had viewed them.

    Problem: he and the DA withheld a 180 page report that proved that those pictures had all been on disks and at no point had they ever been on my computer. Eventually my father got that 180 page report, and then he got FBI forensic specialist Peter Constantine to examine the hard drives, and he verified that, as the 180 page report indicated, the pictures were not on my computer, and he went a step forward, saying that they had never been on the computer at all, leading to the question of where the heck did those pictures come from if they at no time existed on my computer?

    The Oregon State Crime Lab cop tried to say that my father used a program to permanently delete the pictures from the hard drive, but the problem with that theory is that the program he wanted to say my father used had not been created yet at the time we still had the computer.

    Also, if such a program ever existed on my computer, years before it was invented, then there would have been some hint of it even if it had been deleted, but Peter Constantine found not even a fragment of such a program. Also, the OSP Crime Lab cop testified under oath that the pictures were on the computer, so it was then clear that he had lied.

    Anyway, the convictions were overturned, and even though there had been all this corruption in the case, the District Court chose to just reverse the case on the grounds of ineffective council, which was also true, though it seemed like they were reluctantly to call out the DA and other parties who entered into a conspiracy for their criminal actions.

    Anyway, it was made clear to my father that if it went to trial a second time they were going to use a strategy of if they flung enough shit, some of it would stick, so he plead no contest to two misdemeanors, which got him out of jail right away. Since then he has been trying to sue all those who had conspired to convict him of crimes he never committed, but lawyers for the other side have used sneaky maneuvers to stall him, hoping to make him give up, no doubt, like deliberately misrepresenting the Heck Doctrine.

    To give you an idea, my father was assigned all of 15 minutes to make his case. He briefly summed it up, then the other lawyer cited the Heck Doctrine incorrectly. Subsequently, time ran out and my father was not given the opportunity to explain how the Heck Doctrine had been misrepresented.

    I am not quite the legal expert that my father is, nor am I as up to date on his case, but I think their argument was that because his case had been dismissed at a higher court, he couldn’t refile in a lower court, but they got the case dismissed on a technicality, because it had to be filed in the lower court first.

    Heck Doctrine apparently only applies if the case is heard and is dismissed based on it’s merits. Because he was merely told he filed in the wrong court, his case was not dismissed based on its merits, therefore Heck Doctrine did not apply. He was not given the chance to argue that.

    There are other ways that my fathers rights were trampled upon, but here isn’t the place maybe to write them all. If you are interested, I can tell you more. Even though he is out now, he was wrongfully convicted.

  17. Let me start off by saying that I am a current law enforcement officer in central Indiana. I have been following this case for several years, having been drawn to it, in part, because of Dave being a former Trooper. Although I obviously don’t know all of the facts of the case, I am curious as to if any of the defense investigators have checked into the possibility of another person (not Dave) being involved with Boney. I have always thought that maybe this was a case of revenge for Dave arresting someone and causing them to go to prison. Maybe Boney met that person in prison and the true conspiracy to kill Dave’s family began there?

    If not, I think that it is entirely possible that the FOP tag on Kim’s license plate may have caused Boney to target her out of his hatred for the police, being the fact that Kim was constantly at the family meat market in the area where Boney shopped. And once the heat came down on Boney, what better way to exact his revenge a little more than to cast the blame on Dave? I’m sure that someone has probably covered these aspects but just food for thought.

  18. im a retired probation officer from floyd county and was there for almost thirty two years and ran stan faiths diverison program and worked with the prosecutor for sixteen years and have a book that should be out in four months by tate publishing about what i did all those years and tell why i think david camm is not guilty i wrote it in 2004 and it just set and whe henderson said he had a book deal i thought what would he no nothing and the book one deadly night didnt do anything but say that he had so meany affairs and my son was mentioned in it mark abbott and that even made me want to finish the book

  19. Three Step Plan for the Perfect Murder of Your Family:

    Step 1:
    Everybody knows if you’re gonna murder your wife, 5 year old daughter and 7 year old son, you’re gonna want to bring in some muscle to help pull it off. Can’t take the unnecessary risk of being overpowered, so it needs to be a really tough big guy. Also, nothing like having someone else involved so as to make sure the story isn’t kept secret; someone like an 11-time convicted felon, and a big mouth, like Boner, would be perfect. A real “talker”. Someone for the police to be able to make a “deal” with. Perfect!

    Step2:
    When setting this up you will definitely want to make sure to be involved in a basketball game with as many as 11 witnesses, any one of whom could possibly notice your absence during the time you will be doing the killing. That would be the perfect setup for you to “slip” out, unnoticed, to do the murders. Careful though that the police don’t catch on as they will likely just say you wanted to have at least one person who could testify they noticed you were gone during the time of the murders to “throw” them off. Hey, great, with 11 possibilities those are really good odds. Seems like a no-brainier. (note: If you are following this “logic” I would be worried if I were you.)

    Step 3:
    Finally, when the police don’t care to check the DNA from your accomplice’s sweat shirt left at the scene, that’s when you have your attorney file a motion to compel the prosecutor to run the DNA through the national DNA databank of known felons. For sure, you absolutely want to lead the police to the guy that helped you do it. Another no-brainer. I mean, who wouldn’t want the police to know the identity of their accomplice? After all, without knowing his name the police might not be able to solve who murdered your family. Can’t have that.

    Summation: (sadly the plan didn’t work)
    For sure, this David Camm guy has guilty written all over him. With such a perfect plan to murder his family, though, it’s amazing the police were able to figure it out.

    (Shouldn’t be necessary to have to mention the above is sarcasm, but this is a public forum and there will always be some “who don’t or won’t get it”.)

  20. I have not followed this case other than what was on the news. After the second trial, I had a feeling that something was not right, I even told my Mother, who had since passed, I think this guy is innocent, she agreed. Things just didn’t match up. After reading this post, I can now only hope that David Camm will be given a fair trail, and proved to be innocent. Then he needs to sue the you know what out of the prosecutors, write his own book, and be able to finally grieve for the lost of his beautiful family. my prayers are with both families.

  21. I read the book about this case and was left with the feeling that David Camm was a cheating dog, yes, but not a murderer! I am shocked that anyone would believe anything that Boney has to say!

  22. My husband and I are an older couple that have kept up with this case from the beginning. We were not an older couple when this begin. This man has give up 13 years of his life plus lost his wife and children. He did not have time to grieve before he was charged. If he had left the game and he didn’t, could anyone believe a man could go home kill his family come back to the ballgame and play ball in a very short time and act normal. We pray this man will be set free and show the world for the rest of his life that he is a good man, in the meantime if he is set free and I was in his shoes he needs for someone to pay him real well for all these years he has lost. I’m sure it would be hard to trust in God with what he has gone through, but God is there, talk to him, praise him and keep on praying everyone that he will be set free.

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