LEBANON, IN (WAVE) - A judge has denied the prosecution's request for a mistrial in David Camm's third murder trial on Thursday.
Judge Jon Dartt considered the state's mistrial motion after the defense referred to a sexual fetishism of convicted murderer Charles Boney during opening statements. Boney already is serving time for his role in the shooting deaths of Camm's wife Kim Camm, 35, and their two young children, Brad, 7, and Jill, 5, in September 2000.
Special Prosecutor Stan Levco had asked that some information about Boney's criminal history, character and 'foot fetish' be left out of testimony. The defense claimed the state opened the door to referencing Boney's fetish by claiming Camm staged the murders to look like a sexual assault.
Dartt said the reference to Boney's fetish by the defense Thursday morning "crossed the line," but he ultimately decided against declaring a mistrial.
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