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Sunday, June 28, 2009

[IN] Ex-Trooper David Camm's conviction for killing his family OVERTURNED AGAIN

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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48 Hours Mystery - Murder On Lockhart Road videos are "here" but very graphic. 


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 September 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]

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]
[police officer involved domestic violence law enforcement fatality fatalities murder familicide indiana state police trooper]


  1. ...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.


  2. 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.

    1. He isn't going anywhere and he did get away with sexual molestation on little Jill Camm. I don't know why they didn't charge him with that based on circumstantial evidence. My best friend is a Prosecutor and she would of charged him with that. Robert Crowell is an attorney and I think he stated exactly what he felt, not to mention he never thought the ISC would throw this out. Money talks in Southern IN and Camm's family almost bought him out of three murders. Hopefully, he will be convicted a third time and this will be the LAST we ever hear from him again.

  3. this comment by the foreman of the jury shows why jurors are jurors and why it is the job of the prosecution and judge not to confuse them...this juror protests out one side of his mouth that he was not influenced by the unproven molestation charge, but then uses the rest of the article to admit that they were highly influenced by it; the molestation itself is not proven; a girl can have these injuries or problems in her private area in many ways; jill had a rash in that area for months; such problems can lead to vaginal itching which for a young girl especially could lead to her precocious preoccupation with that area, not even knowing why; which could lead to the injuries that could be from itching, a straddle injury or possibly molestation; absolutely no other evidence pointed to molestation; if kim thinks jills molested by david, no way she puts that child in harms way that night or any other night; other jurors said that they believed that camm killed them to get away with the molestation; period; the appellate court got that part right and the first appellate court warned henderson not to go there without the goods and he aint got the goods; the jury also stated they believed there was a conspicacy after the judge thought that case was so weak, he refused to allow them to convict him for it; i believe this jury was not even allowed to know that boney was convicted of these crimes which would be an unbelievable failure of the system; the fact that boney's history of hard time in state prison spending about a decade in state prison, based on crimes involving women, why isnt this foreman upset that he was not told these things like most jurors are?; sounds like he was prejudiced against camm from the beginning, perhaps in a way he did not even understand; you see the whole focus on the cost of the trial not on the facts of the case; the first appellate court said the case was not particularly a good one, which is an amazing statement fromm an appelate court, and that was before we knew about boney; what i want to know mr jury foreman is why you think, if david camm set this whole thing up with boney, he did not blame the black guy from the beginning instead of sitting in his jail cell for 4 years not mentioning his name and it not being found until the totally unethical prosecutors and police were forced to finally run a dna check on boney; why arent you furious that these people let a killer go free for 5 years to committ who knows how many more crimes you dont know about; david camm is a hero for helping capture this guy and making your town a litte safer

  4. Any person with any logic would have asked all the questions posed by the last respondent. That the jury didn't ask any of those questions is scary. Charles Boney is the killer and the prosecution blew it. They know it but now want to save face by spending another million dollars of tax payer money for this farce of a trial.

  5. Jill's injuries were not "old" as the jury foreman stated. Experts on both sides stated that because there was no healing associated with the injuries the assualt had to have happened within HOURS of her death.

    1. and David was not near his daughter since earlier that morning.

  6. AnonymousJuly 02, 2010

    I beleave everybody gets their comeupins. David Camm got his because he cheated on his wife, and because of that, he opened himself up to scrutiny and became a target. After saying that, that doesn't make him a murderer no matter how much the prosicuter desires him to be (there's a lot of politics going on here). This case is a feather in the prosecuters cap and he will never admit that the state made a mistake.
    First problem I have in the state's case is that there was never any evidence linking the injurys to Jill as defintely being molestation nor the molestation being attributed to David Camm. That with Camm's womanizing are the main reasons most Hoosiers hate him. I think this case is simular to the conviction of Leo Frank for the murder of Mary Phagan. The difference is that in Frank's case the prosecution offered up a "greedy depraved jew" while in Camm's case we are offered a "womanizing, child molesting x-cop" His conviction was all about character assasination to cover up the fact that there was no evidence. My second problem is the witnesses. Eleven witnesses say Camm was playing basketball while the murders were being committed. Yes, they admitted one by one that they were not keeping an eye on him the entire time but you would think at least one of the eleven should have noticed him leaving to commit the murder or returning afterwards (no such evidence}. One by one they arn't the best alibi but collectively they convincing. Problem number three, Charles Boney claims he met David Camm while playing basketball and the state promotes this as God's honest truth but if that's so, where are his eleven wittnesses that saw Camm and himself playing basket ball or even one wittness as far as that goes. Is there anyone who ever seen them together? Surely there's atleast one! Of course none of this matters to they good people of New Albany who already have their minds made up.
    I think eventially David Camm will be found innocent, whether it's on the third trial or the next but sooner or later it will happen. The only difference is the total cost of the trials; six million or eight and don't forget the lawsuit Mr. Camm will no doubt bring. I hope that when that happens, it bankrupts New Albany so all the good people who live there will have a new reason to hate David Camm! I sincerely hope there will be some comeupins for them.

  7. Rest in peace the children and Kim and may the truth come out soon so that your memories can be preserved and graphic images not repeatedly bought up and shown. May this case be laid to rest and their spirits be freed of this circus of guilty, not guilt, guily, not guilty. I hope that if David Camm did not commit such crime that he can finally get closure one day.

  8. One can excuse a juror (somewhat) when you take into account that the defense wasn't allowed to present evidence about Boney. Or that "experts" changed their testimony about the time-line of the alleged abuse from one trial to the next. However, after the trial, when a juror is no longer prohibited from researching the case more extensively, there is no excuse for this kind of stupidity. Just like the prosecutors didn't want to learn anything that might prove them wrong, this juror obviously never bothered to read any other facts that might convince him he was duped. Compare testimonies, read transcripts of Boney's preposperous interviews, ask any mother of a young girl a few questions about anatomy, or just think for yourself for a change. No reasonable doubt? Seriously? I hope I'm never at the mercy of these mindless sheep.


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