Kimberly, Jill, and Brad Camm...At his first trial in 2002, Camm was convicted in Floyd County of murdering his wife, their 7-year-old son, Bradley, and 5-year-old daughter, Jill, in the garage of their Georgetown home. But the conviction was overturned by the Indiana Court of Appeals in August 2004...
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- [IN] Retrials sought in killing of Trooper's wife Kim, kids Jill & Brad
- [IN] Website supporting Trooper Camm - convicted twice of familicide
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CAMM'S 2ND CONVICTION OVERTURNED
Court finds someevidence speculative
By Ben Zion Hershberg
June 26, 2009
[Excerpts] The Indiana Supreme Court on Friday threw out former Indiana state trooper David Camm's second conviction for the Septemb
er 2000 murders of his wife and their two small children, sending the case back to Floyd County for a possible third trial. In a 4-1 decision, the court said "speculative" evidence that Camm molested his daughter a day or two before the murders should not have been allowed by the judge because it could inflame the jury. The court also said a friend's statement that Camm's wife, Kimberly, expected to see him at 7 to 7:30 the night of the murders should not have been allowed because it was hearsay that couldn't be challenged because Kimberly Camm is dead... Camm "was stunned, happy and relieved"... At his first trial in 2002, Camm was convicted in Floyd County of murdering his wife, their 7-year-old son, Bradley, and 5-year-old daughter, Jill, in the garage of their Georgetown home. But the conviction was overturned by the Indiana Court of Appeals in August 2004... In Friday's ruling, Chief Justice Randall Shepard dissented from the majority, arguing that "two reversals entered by the appellate courts in this case have unnecessarily sanitized the evidence" against Camm. Shepard said at least some of the evidence about affairs on which Camm's first trial was reversed should have been allowed and that the affairs not long before the murders could be proof of a motive. He also said alleged evidence that Camm's daughter was molested was allowable as "an inference" about a motive. The majority disagreed, however, saying there was no connection of Camm to the molestation. Still, the majority also said there was enough evidence for a reasonable jury to convict Camm... [Full article here]JURORS IN 2ND CAMM TRIAL REACT TO OVERTURNED VERDICT
WAVE
By Janelle MacDonald
Jun 27, 2009
[Excerpt] ...WAVE 3 spoke by phone to two members of the jury from Camm's trial in Warrick County. One, Dianna Gelarden, said she wasn't surprised by the court's decision. Gelarden said Camm's family said after the trial they'd keep trying until he was set free. Another, James Sturgeon, said he still has a hard time talking about the trial and feels for another jury that would have to hear the case if there is a third trial. Friday, prosecutors said they will ask the Indiana Supreme Court to reconsider its decision before deciding if David Camm will face a third trial... [Full article here]
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2 comments:
...Below is an excerpt from an email Rob Crowell - the jury foreman in Camm's second trial - sent to WAVE 3 with further thoughts on the issue:
As I read the decision from the Indiana Supreme Court, I understand fully the rationale and am not surprised but extremely disappointed. I am completely frustrated with the patronizing implications of the majority decision, the wasted effort and cost that must now be undertaken to repeat this ordeal and I feel deep sympathy for the emotional pain that this decision must certainly cause the Renn family.
With a rather narrow analysis, the Indiana Supreme Court has completely dismissed the work product of a tremendous and expensive process to get to the truth primarily on the superficial presumption of the state of the jurors' minds during deliberations. Despite the fact that we as a society presume that jurors can cope with judging on the horrific details of the murders themselves, the Indiana Supreme Court has concluded that the unique nature of certain molest evidence introduced fueled an uncontrollable emotional response to the "speculation that David Camm molested his daughter" and overwhelmingly mandates a reversal based upon this runaway reaction of the jury.
To come to this conclusion, the Court presupposes that the jury reacted purely on emotion, prejudicing its decision and negating completely the two months of evidence presented during trial which was reviewed intensely and meticulously by a team operating in a calm, rationale, and logical process for four full days of jury deliberations.
It is insulting to the jurors, the prosecution and all law enforcement who worked for a very longer time to bring David Camm to justice.
With respect to Jill's groin injuries, the evidence presented at trial (specifically the expert testimony from Drs. Spivack and Merk) convinced the jury that Jill was, indeed, a victim of sexual assault and, as everyone clearly recognizes including the jurors, no proof could be offered to connect who did it for the obvious reason - Jill is not alive to testify. Nevertheless, David Camm was not convicted because of the evidence that Jill was molested; we could not make that decision as the Indiana Supreme Court notes as there simply was insufficient evidence offered at trial connecting Jill's sexual assault injuries with David Camm.
The Court cites support for their insight into the jury thinking with the news article "The Jurors Speak, Molestation evidence led to guilty verdict". No doubt, yes, the molest evidence helped, however, this was discussed at length in the deliberations as to what was the probative value of this information which the defense attorneys know all too well after its highly unusual attack on the jury in the Motion to Correct Errors from the summer of 2006.
So why was the evidence about Jill critical? Very simply, it helped the jury to keep the timeline straight and make more clear the role of Charles Boney. It was clear to the jury that Jill was sexually molested, however, the jury struggled to get past one of the defense theories that Charles Boney might be responsible for her sexual assault. Once we were able to determine that this theory was impossible (Jill's injuries were well in advance of the time of death and Jill's whereabouts were well accounted the prior two days before the murders), the jury was able to focus all attention on the direct evidence against David Camm.
The molest evidence was helpful to clear the confusion created by an impossible defense theory which, at the time, was hanging the jury up. That's it.
And now, the system is compelled to repeat the process a third time. Very disappointing. The only possible benefit I see from this next round is the opportunity to compel Charles Boney to testify and bridge the gaps that, evidently, some still can not connect. An expensive price for a marginal benefit to society.
FULL ARTICLE
http://www.wave3.com/Global/story.asp?S=10609090
I am appalled that the Supreme Court would insult the intelligence of the Jury by assuming that they would use unprovable information that would inflame the jury into convicting this horrible man for killing his wife and children. If he beats this crime, I think that he will kill again. He thought that initially he had beat the system because in his opinion he was above the law. Once that failed he is using his attorney to sell the rest of us a bill of goods as it relates to errors by the judge to allow him to beat the system. I hope that the prosecution will retry him and do it this time without any information that can be considered error. This guy needs to stay behind bars. Prosecutors please do not give up the fight for justice for Kim, Bradley and Jill, they are counting on you to be their voice. Please fight on..... Do not let David Camm go free.
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