LEBANON, IN (WAVE) - Jurors are set to begin their first full day of deliberations Wednesday to decide whether connecting the dots means convicting David Camm a third time for the murders of his wife and children, or acquitting him based on a trail of evidence that leads directly to the serial felon caught and convicted only after his first conviction was overturned.
"Charles Boney killed Kim, Brad and Jill (Camm)," defense counsel Stacy Uliana asserted in closing arguments Tuesday morning. "Eighteen scratches on Kim Camm's arm shows she fought hard to save her children."
"This case is not about the state of Indiana versus Charles Boney," Special Prosecutor Todd Meyer argued earlier. "It's ultimately about the person responsible for it, David Camm."
The arguments played to a packed courtroom; the photographs and descriptions occasionally moving spectators to tears.
Meyer asked jurors to consider Camm's wife could have been an officer in a major corporation, his son Bradley halfway through college and daughter Jill looking forward to graduating high school, had gunfire not taken their lives in the garage of their Georgetown home September 28, 2000.
"As much as I try to find an explanation, it simply is incomprehensible," Meyer said.
Camm's eyes reddened and moistened as Uliana replayed the recording of his call to the state police post at Sellersburg to report the murders. Four months earlier, Camm had been a Trooper there.
"You can't fake that," Uliana told jurors.
But prosecutors argue Camm's actions preceding and following the call point to his guilt and tie him to Boney, who was convicted of the murders in 2006.
"How do we know they were involved in this together?" Meyer asked jurors. "The crossed-out portion of Boney's written statement (to investigators) ‘an opportunity to help me financially.'
Jurors need not find Camm himself pulled the trigger to find him guilty of the murders. Special Judge Jon Dartt instructed them late Tuesday afternoon. If they believe Camm aided, induced or caused Boney to commit the crimes, Camm is equally responsible.
"You may find this by circumstantial evidence alone," Judge Dartt read, "But it must exclude every reasonable explanation of innocence."
Camm's lawyers opposed the aiding and abetting instruction on grounds prosecutors offered no evidence tying him to Boney other than Boney's testimony he sold Camm the murder weapon, and witnessed the killings.
"It's grounds for another appeal if David's found guilty again," Camm's uncle, Sam Lockhart said Monday evening.
The defense argued Camm has been a victim of a rush to judgment, confirmation bias and investigators refusal to admit mistakes.
"The Basketball alibi has to be the dumbest alibi ever; so many things could have gone wrong," Uliana said. Camm has maintained he was playing basketball at the family's church, about four miles from his home, as the murders occurred. Others in attendance testified they never saw him leave, return or notice he was missing.
"When's he gonna have time to kill his family?" Uliana asked.
But prosecutors assert sitting out one game gave Camm plenty of opportunity. "Fourteen minutes to commit what would take less than 14 seconds(shooting three people)," Meyer said.
Camm's fate may well rest upon the blood dots found near the hem of his T-shirt. "His guilt is proven by (daughter) Jill's last living act," Meyer told jurors.
The state's blood-pattern analysts have determined the dots are gunshot spatter from Jill Camm's head wound, possible only if Camm himself were the shooter. But defense witnesses, college-educated forensic scientists, insist the dots are transfer stains, supporting Camm's claim he brushed up against Jill's bloodied hair while trying to remove his son from his wife's SUV.
"One side is 100 percent right and the other is 100 percent wrong," Meyer said. Chief Counsel Stan Levco pressed further during rebuttal arguments, suggesting Camm's team bought his blood defense with exorbitant fees.
"Money doesn't talk, it swears," Levco said. "And obscenity really cares." Levco was referring to the estimated $350,000 in fees from Dutch analyst Richard Eichelenboom, whose Touch DNA testing found Boney had touched Kim Camm's sweater-blouse and underwear along with Jill Camm's shirt.
"(Boney) lost control of the scene," Uliana said. "We don't know whether he pushed Jill and told her to shut up, but at some point Kim lost all hope. She fought long and she fought hard."
Boney's discarded prison sweatshirt yielded the DNA that tied him to the murders. But the sweatshirt wasn't tested until 2005, after prosecutors had decided to try Camm a second time. Camm's second conviction also was overturned on appeal.
"There's more gunshot residue on that shirt, than what (prosecutors say) is on David's shorts," Uliana argued. "What does that tell you?"
Boney testified he used the sweatshirt to wrap the untraceable gun he delivered to Camm moments before the killings. Numerous tests have turned up no evidence of Camm's DNA on the sweatshirt, but prosecutors claim Camm used it to blame Boney.
"If you believe the sweatshirt was placed under Brad, then there's only one person who could have done that, and that's David Camm," Meyer said.
Prosecutors ended rebuttal arguments with Camm's own words, uttered during the interrogation that preceded his arrest three days after the murders. Levco argued that Camm tried to steer a question away from a timeline that could have implicated him.
"(Camm's) said ‘blood flow will prove my innocence' and in a sense he's right," Levco said. "Because they believed the crimes happened at 9:30 and he knows they happened two hours earlier."
But Camm's team countered that the interrogation also confirmed his own account has never waivered.
"Charles Boney took away his family, and Indiana may take away his freedom," Uliana said, "But they can never take away his truth."
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