Wrongful conviction of David Camm
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David Camm | |
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U.S. | |
Known for | Retired Indiana state trooper tried three times for the murders of his wife and two children (two reversed convictions, acquitted after third trial). Responding officer to the discovery of Shanda Sharer's body. |
David Ray Camm (born March 23, 1964)
Initial investigation
Police were summoned to the Camm residence shortly after 9:30 p.m. on September 28, 2000, to find Kim, Bradley, and Jill Camm shot to death in the garage of their home. David Camm told police that he returned home from playing basketball at a nearby church and found his wife shot to death on the garage floor. He then saw his daughter, Jill, sitting upright in the backseat, still strapped in her seatbelt. Brad was draped over the driver's side of the backseat as though he had been trying to get away from the assailant. Since both Kim and Jill had been shot through the head, Camm stated that he thought his son, who had no head injuries, might still be alive, so he entered the passenger front of the Bronco, went through the two front bucket seats and grabbed his son, taking him out, putting him on the garage floor, and giving him
Unseen in the darkened garage and not collected by evidence technicians was a gray sweatshirt bearing the name of BACKBONE in the collar. An ISP lab analyst later found unidentified female DNA on the front of the shirt and a private lab, hired by Camm's defense attorney Mike McDaniel, found unidentified male DNA in the collar. The blood and DNA of Kim Camm had also been discovered on that same sweatshirt.[3]
First theory of the crime
Many false leads hampered the investigation of the murders. The theory of the crime at the time of the
Before long, the erroneous nature of several pieces of evidence was revealed. While the infidelity accusations were credible, it was discovered that most of the rest of the evidence on the probable cause affidavit was either inaccurate or unreliable.
The clean-up at the crime scene and the blood spatter on David's shirt were also questioned. It was discovered that there was not, in fact, a crime scene clean-up but the usual separation of blood when exposed to air for a while. Several other areas that Stites had claimed to be high-velocity impact spatter found at the crime scene were inaccurate interpretations, calling into question Stites' abilities.[6][11]
Investigators stated that they investigated the foreign DNA on the sweatshirt found at the crime scene. However, there were no matches when it was run through CODIS.[3]
Second theory of the crime
The discovery that the time of the murder was over an hour earlier than previously thought meant that Camm now had an alibi. Eleven witnesses told police he was with them playing basketball from 7:00 p.m. until after 9:00 p.m.[2] The police changed their theory of the crime from a murder following the basketball game to one in which he sneaked out of the basketball game, committed the murders, and then slipped back in without being noticed.[3]
Trials and appeals
First trial
The case went to trial in the spring of 2002, with the blood spatter as the main forensic evidence and the affairs listed as the motive. The prosecution argued that the bloodstains on Camm's shirt were the result of a high-velocity impact spatter, proving he was the shooter. Defense experts assert that the pattern was caused by transfer when his shirt had contact with Jill's hair as he was removing his son from the vehicle.[12] Bart Epstein, a bloodstain analyst for the defense, stated that there's some overlap between the appearance of different types of stains of blood spatter, and analysts need to consider other aspects of the stain to determine the cause. In this case, the number of bloodstains is as relevant as their size and shape. "Gunshot will produce hundreds of stains coming back. I've never seen, I believe the other experts for both the prosecution and the defense have indicated that they've never seen just seven small or eight small stains from a gunshot. I've never seen that," said Epstein.[citation needed]
During the trials, Epstein and another blood analyst demonstrated how the blood stains could have gotten on the shirt by running T-shirts over wigs containing blood. Similar patterns to the one on Camm's shirt were produced.[3][13] Nevertheless, he was convicted.[14]
In August 2004, the Indiana
Discovery of a second suspect
In early 2005, the defense asked that
Charles Boney, a convicted
In some cases, there was evidence of stalking; some of Boney's previous victims had reported receiving harassing phone calls for a couple of months prior to the attacks asking them what they were wearing and if they were wearing high-heeled shoes.
The other DNA sample was later identified as belonging to Mala Singh Mattingly, Boney's then-girlfriend.[23]
It was discovered after his arrest that Stan Faith, the prosecutor in Camm's first trial, was Boney's attorney. During questioning, Boney asked to be represented by Faith but was told it was a conflict of interest.[24][25] Boney admits to having discussed the case with Faith prior to becoming a suspect in the case.[25][26] When asked about the failure of his office to identify Boney, Faith denied any intentional wrongdoing stating: "I regret it. I deeply regret it, but the myth that's growing out of this is false."[24]
Third theory of the crime
Boney gave a number of conflicting confessions before he finally settled on one in which he was lured to the Camm residence under the guise of selling a gun to David Camm. He admitted to placing the shoes on the vehicle, but claims he did it only coincidentally and not related to his foot fetish. Boney claims that on September 28 he arrived at 7:00 p.m. to meet Camm at the Camm residence to sell him a weapon—a meeting they arranged through chance meetings and without the use of a telephone. He hands Camm the weapon wrapped in his gray sweatshirt that was later found at the crime scene. Within seconds, Kim arrives home in her Bronco, Camm follows the Bronco into the garage and Boney hears three shots fired. Boney alleges that Camm then attempted to shoot him and stated "you did this". He claims that the gun either jammed or ran out of bullets. With Camm holding a now non-functioning weapon, Boney ran after Camm, chasing him back into the garage. Camm entered the house while Boney tripped and fell over Kim's shoes, which were off of her feet and on the garage floor. Boney stated that he picked up the shoes and placed them atop the Bronco. He then leaned against the vehicle to look at Brad and Jill, who were inside the vehicle, deceased. He explains that this is why his hand print was found on the vehicle.[17][27] (note: based on testimony from other prosecution witnesses, Kim, Brad, and Jill were still alive and at the pool until 7:15pm. The timeline given by Boney of a shooting shortly after 7pm also conflicts with the prosecution's timeline, which aligns with the medical examiner's estimation of an 8pm time of death.)[8][27][28] Aside from Boney's story, no additional evidence has been recovered to connect Camm and Boney.[17]
Mala Singh Mattingly
After Mattingly's DNA was identified, she was interviewed regarding her knowledge of the crime. She told police that Boney returned home after midnight on the night of the murders. "He was breathing really hard -- excited somewhat," Mattingly said. She said that he showed her a gun, had a bloody scraped knee and was sweating profusely. The next morning, she says, Boney asked her and his mother to watch news coverage regarding the murders. She testified that she left the room to shower while he and his mother began arguing.[29][30] Her blood[clarification needed] was found mixed with Brad and Kim Camm's blood on the sweatshirt at the crime scene.[29]
Second trial
Following Boney's arrest in 2005, Camm and Boney were charged as
Camm's trial began on January 17, 2006. With the extramarital affairs now inadmissible, new Floyd County prosecutor, Keith Henderson (a Republican who had defeated Democrat Stan Faith in the latter's bid for re-election) argued that Camm had been molesting his daughter and killed his wife and children to cover up the crime. The evidence was a single blunt force trauma injury to Jill's genitals.
Camm appealed the conviction, citing the prejudicial nature of the molestation allegations and the lack of evidence linking the injuries to him. The Indiana Supreme Court granted a second reversal, stating "Missing from this record is any competent evidence of the premise that the defendant molested the child."[37]
Third trial
The motive alleged by the prosecution in the third trial was the life insurance policies purchased by Kim Camm.[4][38]
Boney testified against Camm for the first time, accusing him of luring him out to the home before shooting his own family and then turning the gun on him.[25][39]
The third trial saw the introduction of new DNA evidence that was not presented in the first two trials. Dr. Richard Eikelenboom testified that he found touch DNA consistent with Boney in several places on the clothing of both Kim and Jill Camm. Boney's DNA was found on Kim Camm's underwear, on the arm of her shirt above an abrasion on her arm thought to be the result of the struggle with her killer, on Kim's broken off fingernail, and on the stomach of Jill Camm's shirt. These results seem to discredit Boney's assertion that he never touched the victims. Defense co-counsel Stacy Uliana argued that if Boney physically attacked the family, which the DNA seemed to suggest, it was unlikely that Camm was the shooter.[40]
With the touch DNA evidence placing Boney in a more active role in the crime, the prosecution introduced yet another theory of the crime near the end of the third trial when Judge Jonathan Dartt made a controversial ruling that the jury instructions could include an instruction allowing the jury to find Camm guilty if they believed he "aided and abetted" Boney during the murders. This instruction applied if the jury believed Camm had involvement in the murders, but was not the shooter. The defense strenuously objected to the inclusion of this instruction, citing not only the complete lack of evidence that Camm had ever even met Boney, but that the instruction violated the law against double jeopardy; Camm had been acquitted on conspiracy charges during the second trial.[41][42]
Louisville defense attorney Steve Romines criticized the move stating: "This aiding and abetting: they don't have any evidence to support it. It's really inconsistent with their proof."[43]
Camm's defense attorneys argued this new theory of the crime essentially threw out the blood spatter evidence—the only major piece of forensic evidence tying Camm to the crime. Following the verdict, Richard Kammen stated: "All of a sudden to say 'well if all our evidence is wrong, go ahead and convict him anyway' this jury was a smart jury, they clearly saw through that."[42][44][45]
Acquittal
On October 24, 2013, the jury found Camm not guilty of all charges.[46][47] Camm's attorneys described it as "vindication".[44] By then, NBC News reported that costs had reached an "estimated $4.5 million".[48]
Response to the case
Verdict
The public reaction to the verdict has been mixed. Many Louisville and Southern Indiana residents who lived through the extensive media coverage were surprised by the not guilty verdict in the third trial. In reaction to the verdict, a local resident stated "A lot of people are — just like I am — completely shocked, and a lot of people think that he should not be out."[49] Nationally, the Camm case has garnered a lot of attention from wrongful conviction advocacy groups who believe that the previous convictions were miscarriages of justice.[50][51]
Bill Lamb, President and General Manager of WDRB, the Fox affiliate in Louisville, Kentucky, issued a public apology to Camm stating: "Seven years ago, I did a Point of View criticizing David Camm's attorneys for seeking yet another appeal right after his second conviction for the murder of his family. I wondered when Indiana taxpayers would get to stop paying fortunes in trial expenses, and why any accused killer could possibly deserve so many 'do-overs'. Well, now we have the answer: When they're not guilty."[52] After the third trial, a juror, in response to the question "Do you think that they intentionally wanted to convict an innocent man?" responded "I would hope not but…I sense that the State Police had a hard time admitting that they had made a mistake."[53]
Media coverage
The case has been covered widely in the media. In January 2014,
Blood spatter evidence
The heavy reliance on blood spatter evidence in this case was widely criticized. In his review of the case, former federal prosecutor Kent Wicker said "Blood spatter evidence has come under a lot of criticism in the past few years. In 2009 the National Academy of Sciences issued a report criticizing the scientific foundation of that." The report calls for more standardization within a number of forensic fields including blood spatter analysis. The report highlights the tendency of blood spatter analysts to overstate the reliability of their methods in the court room.[57]
Dr. Robert Shaler, founding director of the
Perjury admission
Evidence of misconduct regarding the blood spatter was uncovered when, in the third trial, Stites testified for the defense, admitting he had perjured himself in the first two trials. Stites' assertion that the spots on David Camm's shirt were high velocity impact spray (HVIS) was the cornerstone of the probable cause affidavit that led to Camm's arrest and his testimony at the first two trials helped the prosecution win Camm's convictions. He had previously testified that he was an expert blood spatter pattern analyst and a professor at Portland State University who was in the process of attaining a Ph.D. — credentials which were fabrications.[59]
He asserts that Floyd County prosecutor Stan Faith helped create those fraudulent credentials. During the third trial, he outlined how he was sent to the crime scene by Rod Englert to photograph and take notes. Despite his lack of formal training in the field or work experience as a crime scene analyst, his notes ended up being used in the probable cause affidavit, with him being listed as a "
Criticism of the prosecution
A number of legal experts have criticized the way the case was handled. Thomas Schornhorst, a professor emeritus of the Indiana University's Mauer School of Law, said that cases had been overturned repeatedly because they have "pushed the envelope" with other evidence, fearing that they would not get a conviction on bloodstain evidence alone.[14]
Shawn Boyne, of Indiana University's
Louisville defense attorney Steve Romines criticized the prosecution's decision to change the theory of the crime numerous times instead of dropping the charges: "The problem is, in the first trial, David Camm's the shooter and acted alone. The second trial, David Camm's the shooter and Boney aided and abetted him. And now in this trial, Boney is the shooter and David Camm aided and abetted him. In three trials, with the same proof, they've had three different theories", adding "Proof doesn't change. If you have proof beyond a reasonable doubt, you argue the same thing throughout. You don't have to constantly shift your theory to fit your proof."[43]
Camm's defense team has long been critical of their inability to present evidence of Boney's involvement, particularly when the prosecution was allowed to speculate about Camm's motives. Despite Boney's history of stalking and armed violence against women, his past crimes were ruled inadmissible.[62]
Errors in evidence collection
By the third trial, the backbone of the defense's case was the evidence of police and prosecutorial misconduct in the case. The defense argued that the investigation was riddled by critical mistakes, both in the collection of evidence and in the investigation of Boney as a suspect. The sweatshirt found at the crime scene revealed Boney's DNA, his girlfriend's DNA, his prison nickname, and his
Errors in the investigation of Charles Boney
The defense argued that the police should have also taken notice when Boney's story went through so many revisions. They noted that many details of his story were first suggested by police detectives in recorded interviews, notably the detail regarding the gun wrapped in the sweatshirt. Other details of his story were changed following discussions with detectives who pointed out the discrepancies.[17][25] Defense witness Dr. Kim Rossmo, a criminal justice professor at Texas State University, testified that Boney was never investigated properly and that his claims were never independently verified. Instead of treating Boney like a suspect, "They treated him as an anomaly to their theory, that somehow had to be explained away", adding, "I think there were six different confessions from Mr. Boney. I don't think Boney ever told the truth about what happened... he's only telling the police enough to get around the last particular contradiction." He testified that the majority of the oversights during the investigation were caused by confirmation bias: a tendency to believe information that confirms your preconceived notions and place less weight on information that doesn't. Rossmo argued that the police were swayed by the early misleading evidence and came to the conclusion that Camm was guilty before any of the forensic evidence was examined. He believes this phenomenon caused the investigators to ignore the DNA on the sweatshirt and when Boney was finally identified, they downplayed the significance and attempted to make it fit within their established theory of the crime.[65][66] Ultimately, the jurors in the third trial believed the defense's criticisms of the investigation: "They tried to make the evidence fit their theory of the case," a juror said in interview.[67]
Lead defense attorney Richard Kammen accused police of feeding Boney a false story designed to implicate Camm and coerce Boney into testifying against Camm by playing on his fear of
Evidence tampering allegations
Another allegation that surfaced involved a distant relative of Boney named Myron Wilkerson (1959–2012). Wilkerson was a police officer but was not assigned to the case. He met with Boney privately at the station following his arrest. Two months later, it was learned that Wilkerson had removed Kim Camm's phone from the evidence room without signing it out and taken it to his residence. When the phone was located and returned to the police, it was found to have been wiped clean of fingerprints. Wilkerson was not charged with evidence tampering for his actions.[why?][71][72]
Witness tampering allegations
In addition to testimony by Rob Stites alleging subornation of perjury, several other allegations of witness tampering surfaced during the case. Lynn Scamahorn, a
The defense also accused the state of witness tampering and presenting false and misleading testimony regarding the molestation allegations. During the first trial, the prosecution alleged that the injuries Jill sustained happened during the attack, as testified to by the state medical examiner. During the second trial, they altered their timeline to implicate Camm instead of Boney on the basis of testimony by a single witness who changed their theory at the last minute. "Dr. Spivack, before in her deposition, told us that the injuries occurred near the time of death due to the painful nature of them. Today, on the stand, she backtracked to fit the state's theory." said defense attorney Stacy Uliana.[75] Following the verdict, the jurors explained that they made their decision largely on the molestation allegations, and specifically, on the testimony of Spivack, who testified that the child was molested several hours prior to her death instead of during the attack.[76]
DNA analyst Lynn Scamahorn claimed prosecutor Faith, also attempted to get her to commit perjury by testifying that lab results indicated the comforter from the master bedroom in the Camm household contained vaginal secretions or saliva from Jill to help bolster their claims that Jill had been molested; no such test exists.[77]
The fraudulent testimony of Stites and the attempted coercion of Scamahorn were featured in a forensic textbook called Forensic Fraud: Evaluating Law Enforcement and Forensic Science Cultures in the Context of Examiner Misconduct.[78]
Personal life
In December 2013, Camm gave his first local media interview following the verdict,[79] and attempted to clear up the misconceptions regarding Boney's criminal history.
Camm also announced that he had been hired as a case coordinator for Investigating Innocence, a national nonprofit that provides criminal-defense investigations for inmates.[79] Camm reports that he has forged a friendship with the third-trial jurors.[80] In early December 2013, he met with jurors from the third trial over dinner at a café in Lebanon, Indiana.[81]
Civil lawsuits
In 2005, prosecution witness Rod Englert filed a lawsuit against several of the defense witnesses in the libel case. The lawsuit accused the defendants of saying Englert embellished his credentials, misrepresented his qualifications and experience, and provided false testimony in court. Englert had testified for the prosecution that Camm had high velocity blood spatter on the shirt he was wearing the night of the murders.[82]
Camm was reportedly facing a civil suit filed by his late wife's parents over the estimated $625,000 Camm is set to collect from life insurance and Kim Camm's
In May 2014, Camm served notice of his intention to sue Floyd County and the State of Indiana for $30 million.[85]
Camm settled with Floyd County for $450,000. In January 2018, Camm's civil rights lawsuit against members of the Indiana State Police, prosecutors, and other officials, was dismissed by US District Court judge Tanya Walton Pratt. In explaining the ruling, the court explained it believed that there had been probable cause to charge Camm with murder and that due to Indiana's Tort Claims Act, some of the defendants were immune to liability.[86]
On September 10, 2019, the United States Court of Appeals for the Seventh Circuit reversed the District Court in part stating, "In sum, we reverse and remand for trial on Camm’s Fourth Amendment claim against Stites, Englert, Faith, and Clemons to the extent that the claim rests on the first probable-cause affidavit. Trial is also warranted on the Brady claim against the same four defendants for suppression of Stites’s lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Boney’s sweatshirt. In all other respects, we affirm the judgment."[87] The reversal allowed Camm to sue for false arrest.[88]
A settlement of Camm's final lawsuits was announced April 28, 2022.[89]
Media coverage
The case was covered extensively by the media in the southern
In 2022, Camm's former defense investigator, Gary M. Dunn, a 27-year FBI agent, released his book, Their Bloody Lies & Persecution of David Camm, Part I, which details how two sets of ISP investigators jumped to erroneous and then outright false conclusions, assisted by a faux blood stain "expert" and supposed crime scene re-constructionist, while being directed by a politicized county prosecutor, Stan Faith.[90]
See also
- Innocence Project
- List of miscarriage of justice cases
- List of wrongful convictions in the United States
- Overturned convictions in the United States
- Clarence Elkins
- Shareef Cousin
- Juan Rivera
References
- ISBN 9780312993092, pg. 8
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- ^ Johnson, Stephan (May 1, 2014). "David Camm to sue Floyd Co. and Indiana for $30M". WDRB.
- ^ Kircher, Travis. "DISMISSED: US federal court drops $30 million lawsuit brought by David Camm". Archived from the original on 2018-05-11. Retrieved 2018-05-27.
- ^ "Camm v. Faith, United States Court of Appeals, Seventh Circuit. September 10, 2019". Retrieved 2019-09-18.
- ^ Ladd, Sarah. "David Camm can sue for false arrest in wife and kids' murder, federal court rules". The Courier-Journal. Retrieved 2020-02-25.
- ^ "David Camm, acquitted in family's murders, awarded more than $5 million in settlements". 28 April 2022. Retrieved 2022-04-28.
- ^ "Their Bloody Lies & Persecution of David Camm". .theirbloodylies.com. Retrieved 2022-11-14.
External links
- Probable Cause Affidavit at Justice for David Camm
- Trial Blog Archived 2013-10-30 at the Wayback Machine at WDRB
- Post acquittal interview with David Camm
- 48 hours episode "Walking Free"
- Dateline episode "Mystery on Lockart Road"
- Defense investigator interview with Boney prior to arrest