https://www.courier-journal.com/story/news/local/2019/09/10/david-camm-can-sue-false-arrest-judge-rules/2280080001/
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Read the entire decision at the link below: Thanks to one of my Blogger pals who sent this decision to me with the following note: "David Cramm comes home to find his wife and two children killed. He's detained for
13 years before he's finally acquitted in a third trial. And this
happens because the state lied about an "utterly unqualified" assistant
pretending to be a blood-spatter analyst. (The extent of his scientific
training was a single chemistry class, which he flunked.) And there's
so, so much more. The state also lied about running a DNA test that
could have exonerated the man. The second prosecutor was sanctioned for
trying to cash in on a book deal. The first prosecutor ended up
representing the real murderer."
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D09-10/C:18-1440:J:Sykes:aut:T:fnOp:N:2397044:S:0
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Read the fascinating National Registry of Exonerations entry by Maurice Possley, a truly phenomenal observer of America's criminal justice system, at the link below:
PASSAGE OF THE DAY:
"Prior to the trial, a sweatshirt found under the boy's body was
submitted for DNA testing. The DNA was not Camm's. The prosecution
claimed the profile was submitted to the FBI's DNA database without
finding a match, although evidence later showed the profile had not been
submitted to the FBI database at all.Prior to the second trial, the defense obtained further DNA testing
and at the defense urging, the unidentified profile was submitted to
the FBI database. The DNA profile from the sweatshirt was linked to a
man named Charles Boney. When questioned by police, Boney admitted owning the sweatshirt but
said he had donated it to the Salvation Army prior to the shootings.
After police matched Boney to a palm print found on the family’s
vehicle, Boney gave an assortment of accounts, but ultimately said he
had gone to the home to sell a gun to Camm and was outside of the garage
when Camm shot the victims. Due to the extensive publicity, the case was moved to Warrick
County Superior Court and Camm was charged with three counts of murder
and a count of conspiracy to commit murder. Boney was tried separately
in 2005 and was convicted of three counts of murder and one count of
conspiracy to commit murder. He was sentenced to 225 years in prison. In 2006, at Camm’s second trial, the prosecution presented the
blood spatter evidence, as well as three inmates who were housed in the
same jail facility with Camm and who said that Camm had admitted the
killings to them. Additionally, the prosecution presented Boney's testimony that
he conspired with Camm to commit the murders and, for the first time,
the prosecution suggested that Camm had molested his 5-year-old
daughter. The prosecution contended that the daughter either had
reported or was going to report the abuse to her mother, and that Camm
killed the family to conceal the molestation. The prosecution presented
autopsy evidence that found blunt force trauma to her genitals and a
pathologist testified the injuries were consistent with molestation
occurring within 24 hours of her death. The defense contended there was no evidence that Camm ever
molested his daughter and contended that if there was evidence of
molestation, it was caused by Boney, who was the sole perpetrator and
had previously been convicted of assaulting women. But the defense
evidence was barred by the trial judge. At the close of the prosecution’s case, the judge dismissed the
conspiracy charge. On March 3, 2006, Camm was convicted again of three
counts of murder. This time, he was sentenced to life in prison without
parole."
--------------------------------------------------------------
THE ENTRY: "On the night of September 28, 2000, former Indiana state trooper,
David Camm, called police and reported finding the bodies of his
35-year-old wife, Kim, and their two children, 7-year-old Brad and
5-year-old Jill, shot to death in the family’s garage in Georgetown,
Indiana.
Camm, who had retired as a state trooper four months earlier to
work in the basement waterproofing business with an uncle, said he had
been playing basketball at a church and came home around 9 p.m. to find
Kim outside the family vehicle on the floor of the garage. He said he
looked in the car and found the children. He thought Brad might still be
alive, so he reached over Jill and took out the boy and put him on the
floor and began performing CPR. When the boy did not respond, Camm, 36,
called the Sellersburg, Indiana State Police post.
On October 1, 2000, Camm was charged with three counts of
murder primarily based on an analysis of the t-shirt he was wearing. A
state forensic analyst said that some spatters of Jill’s blood were
found on the shirt and were the result of high velocity blood spatter
consistent with the spatter produced by shooting someone.
Due to the extensive media coverage of the case, jurors were
selected from nearby Johnson County and brought to Floyd County Superior
Court for the trial in January 2002.
The prosecution’s case was two-pronged—the t-shirt with the
purported blood spatter, which was challenged by a defense expert, and
extensive evidence about Camm’s personal life. Twelve women testified to
a variety of relationships—some adulterous and some prolonged—with
Camm. The prosecution contended that the motive was $750,000 in life
insurance money.
Camm maintained that he had left the house to play basketball
from 7 p.m. until 9:20 p.m. when he came home and found the victims.
Police determined that the shootings took place sometime after 7:30 p.m.
when Kim would have arrived home with the children after Brad’s
swimming practice.
On March 17, 2002, the jury convicted Camm of three counts of murder. He was sentenced to 195 years in prison.
In August 2004, the Indiana Court of Appeals reversed the
conviction and ordered a new trial. The court held that the introduction
of the extramarital affairs had been unfairly prejudicial.
Prior to the trial, a sweatshirt found under the boy's body was
submitted for DNA testing. The DNA was not Camm's. The prosecution
claimed the profile was submitted to the FBI's DNA database without
finding a match, although evidence later showed the profile had not been
submitted to the FBI database at all.
Prior to the second trial, the defense obtained further DNA testing
and at the defense urging, the unidentified profile was submitted to
the FBI database. The DNA profile from the sweatshirt was linked to a
man named Charles Boney.
When questioned by police, Boney admitted owning the sweatshirt but
said he had donated it to the Salvation Army prior to the shootings.
After police matched Boney to a palm print found on the family’s
vehicle, Boney gave an assortment of accounts, but ultimately said he
had gone to the home to sell a gun to Camm and was outside of the garage
when Camm shot the victims.
Due to the extensive publicity, the case was moved to Warrick
County Superior Court and Camm was charged with three counts of murder
and a count of conspiracy to commit murder. Boney was tried separately
in 2005 and was convicted of three counts of murder and one count of
conspiracy to commit murder. He was sentenced to 225 years in prison.
In 2006, at Camm’s second trial, the prosecution presented the
blood spatter evidence, as well as three inmates who were housed in the
same jail facility with Camm and who said that Camm had admitted the
killings to them.
Additionally, the prosecution presented Boney's testimony that
he conspired with Camm to commit the murders and, for the first time,
the prosecution suggested that Camm had molested his 5-year-old
daughter. The prosecution contended that the daughter either had
reported or was going to report the abuse to her mother, and that Camm
killed the family to conceal the molestation. The prosecution presented
autopsy evidence that found blunt force trauma to her genitals and a
pathologist testified the injuries were consistent with molestation
occurring within 24 hours of her death.
The defense contended there was no evidence that Camm ever
molested his daughter and contended that if there was evidence of
molestation, it was caused by Boney, who was the sole perpetrator and
had previously been convicted of assaulting women. But the defense
evidence was barred by the trial judge.
At the close of the prosecution’s case, the judge dismissed the
conspiracy charge. On March 3, 2006, Camm was convicted again of three
counts of murder. This time, he was sentenced to life in prison without
parole.
In 2009, the Indiana Supreme Court reversed the convictions and
sent the case back for a third trial. The Court held that Camm’s
defense had been unfairly prejudiced by the introduction of the highly
speculative evidence suggesting he had molested his daughter.
In the fall of 2013, Camm went on trial a third time with
another change of venue—this time to Boone County Superior Court in
Lebanon, Indiana.
"On the night of September 28, 2000, former Indiana state trooper,
David Camm, called police and reported finding the bodies of his
35-year-old wife, Kim, and their two children, 7-year-old Brad and
5-year-old Jill, shot to death in the family’s garage in Georgetown,
Indiana.
Camm, who had retired as a state trooper four months earlier to
work in the basement waterproofing business with an uncle, said he had
been playing basketball at a church and came home around 9 p.m. to find
Kim outside the family vehicle on the floor of the garage. He said he
looked in the car and found the children. He thought Brad might still be
alive, so he reached over Jill and took out the boy and put him on the
floor and began performing CPR. When the boy did not respond, Camm, 36,
called the Sellersburg, Indiana State Police post.
On October 1, 2000, Camm was charged with three counts of
murder primarily based on an analysis of the t-shirt he was wearing. A
state forensic analyst said that some spatters of Jill’s blood were
found on the shirt and were the result of high velocity blood spatter
consistent with the spatter produced by shooting someone.
Due to the extensive media coverage of the case, jurors were
selected from nearby Johnson County and brought to Floyd County Superior
Court for the trial in January 2002.
The prosecution’s case was two-pronged—the t-shirt with the
purported blood spatter, which was challenged by a defense expert, and
extensive evidence about Camm’s personal life. Twelve women testified to
a variety of relationships—some adulterous and some prolonged—with
Camm. The prosecution contended that the motive was $750,000 in life
insurance money.
Camm maintained that he had left the house to play basketball
from 7 p.m. until 9:20 p.m. when he came home and found the victims.
Police determined that the shootings took place sometime after 7:30 p.m.
when Kim would have arrived home with the children after Brad’s
swimming practice.
On March 17, 2002, the jury convicted Camm of three counts of murder. He was sentenced to 195 years in prison.
In August 2004, the Indiana Court of Appeals reversed the
conviction and ordered a new trial. The court held that the introduction
of the extramarital affairs had been unfairly prejudicial.
Prior to the trial, a sweatshirt found under the boy's body was
submitted for DNA testing. The DNA was not Camm's. The prosecution
claimed the profile was submitted to the FBI's DNA database without
finding a match, although evidence later showed the profile had not been
submitted to the FBI database at all.
Prior to the second trial, the defense obtained further DNA testing
and at the defense urging, the unidentified profile was submitted to
the FBI database. The DNA profile from the sweatshirt was linked to a
man named Charles Boney.
When questioned by police, Boney admitted owning the sweatshirt but
said he had donated it to the Salvation Army prior to the shootings.
After police matched Boney to a palm print found on the family’s
vehicle, Boney gave an assortment of accounts, but ultimately said he
had gone to the home to sell a gun to Camm and was outside of the garage
when Camm shot the victims.
Due to the extensive publicity, the case was moved to Warrick
County Superior Court and Camm was charged with three counts of murder
and a count of conspiracy to commit murder. Boney was tried separately
in 2005 and was convicted of three counts of murder and one count of
conspiracy to commit murder. He was sentenced to 225 years in prison.
In 2006, at Camm’s second trial, the prosecution presented the
blood spatter evidence, as well as three inmates who were housed in the
same jail facility with Camm and who said that Camm had admitted the
killings to them.
Additionally, the prosecution presented Boney's testimony that
he conspired with Camm to commit the murders and, for the first time,
the prosecution suggested that Camm had molested his 5-year-old
daughter. The prosecution contended that the daughter either had
reported or was going to report the abuse to her mother, and that Camm
killed the family to conceal the molestation. The prosecution presented
autopsy evidence that found blunt force trauma to her genitals and a
pathologist testified the injuries were consistent with molestation
occurring within 24 hours of her death.
The defense contended there was no evidence that Camm ever
molested his daughter and contended that if there was evidence of
molestation, it was caused by Boney, who was the sole perpetrator and
had previously been convicted of assaulting women. But the defense
evidence was barred by the trial judge.
At the close of the prosecution’s case, the judge dismissed the
conspiracy charge. On March 3, 2006, Camm was convicted again of three
counts of murder. This time, he was sentenced to life in prison without
parole.
In 2009, the Indiana Supreme Court reversed the convictions and
sent the case back for a third trial. The Court held that Camm’s
defense had been unfairly prejudiced by the introduction of the highly
speculative evidence suggesting he had molested his daughter.
In the fall of 2013, Camm went on trial a third time with
another change of venue—this time to Boone County Superior Court in
Lebanon, Indiana. Prior to the trial, the judge barred any testimony
relating to molestation. Boney testified for the prosecution that he
brought an untraceable gun to the Camm home on the night of the murders
and that he was outside the garage when Camm killed his wife and
children.
The defense presented a Dutch forensic expert who testified
that his analysis of the sweatshirt found at the scene showed the
presence of Kim Camm’s DNA, suggesting Kim had struggled with Boney. The
expert said he also found Boney’s DNA under one of Kim’s fingernails.
On October 24, 2013, the jury acquitted Camm and he was
released. In 2014, Camm filed a federal civil rights lawsuit seeking
compensation. In 2016, Floyd County settled for $450,000. The case
against the remaining defendants was dismissed in January 2018."
-------------------------------------------------------------
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
