LEBANON, IN (WAVE) - Indiana's Rules of Evidence and court orders prevented David Camm's defense team from using Charles Boney's criminal history against him after he'd claimed to have heard Camm fire the shots that killed his wife Kim, and their young children on September 28, 2000. The only hope to open that door would be by prompting Boney himself to turn the knob.
Tuesday, Richard Kammen, the lead defense counsel, tried repeatedly to do that. But whenever Boney got close, prosecutors would keep the door shut by calling for conferences with Special Judge Jon Dartt. After those conferences ended, Kammen would shift gears.
Early on, Kammen had prodded Boney about Kim Camm's shoes.
"You remember picking them because you were worried about DNA, but you can't remember dates and times?" Kammen asked.
"I remember seeing Mrs. Camm didn't have on socks," Boney replied.
During his testimony on Monday, Boney had told jurors that he'd tripped over Kim's shoes after running into the Camm's garage to investigate what he believed were screams and gunfire. Tuesday, prosecutors stopped Kammen before could ask Boney to explain why he would key in on those details of a grisly, complicated murder scene.
It would have taken jurors back to opening arguments when Kammen told them that Boney had a foot fetish. It has been the basis for several of Boney's convictions and prison sentences for robbery and assault. But jurors couldn't hear about it unless Boney acknowledged it first. That restricted Camm's team to highlighting and probing inconsistencies in Boney's accounts of his role in the murders of the Camm family.
"They've been kind of a work in progress," Kammen said.
The defense showed jurors part of an interview Boney gave to WAVE 3 News in 2005 in which Boney claimed to have given the sweatshirt away. But Boney revealed the shirt contained other markers besides his prison name, "Backbone," that was written in the collar.
"It had my DOC (Department of Corrections inmate) number," Boney told Kammen.
"So if somebody had seen that (in 2000), they wouldn't even have needed DNA (to link Boney to the murders)", Kammen said. "They could have just made a phone call."
Boney was tried and convicted of the Camm murders in 2006. Tuesday, he conceded that he didn't name David Camm as the shooter until police confronted him with specific details regarding the sweatshirt and their evidence against Camm.
"He (ISP Det. Myron Wilkerson) told you ‘it's better to be a witness than a defendant, correct," Kammen asked.
"He could have said that, sir," Boney replied.
Boney also admitted that he has told different stories concerning how often he claimed to have visited Camm's Georgetown home before the murders. Initially, Boney told detectives Camm ask that he follow him there on three occasions. But Monday, Boney told jurors he'd been there only twice. Boney said his first visit to the Camm home was after Camm bought the first of two untraceable guns he requested that Boney acquire. The final trip came on September 28 when Boney said he delivered the second .380 caliber pistol. That's the weapon Boney said Camm used to kill his family.
"These officers are providing you information, giving you Intel? (intelligence), "Kammen asked.
"Yes sir,' Boney replied.
Such Intel would get him into trouble.
"You told them you met Camm and drove out to his house at 5:30 (the night of the murders), but detectives knew that was nonsense," Kammen told Boney. By then, investigators knew that Camm had accepted a food delivery there just before 7 p.m.
Monday, Boney told jurors that the agreed upon meeting time was 7 p.m., but he could not explain how he and Camm set their meeting times because they never talked by phone.
"Didn't you tell Det. Wilkerson in 2005 that puzzled you as well," Kammen inquired. "But didn't Wilkerson then ask if you had met at Better Way?"
Better Way is a convenience store in New Albany and is adjacent to a meat market run by relatives of Camm's wife. Boney has claimed that a chance meeting there with Camm led to the gun sales.
Kammen also suggested that Boney crafted his tale of two guns only after detectives highlighted a major flaw in his claim that Camm tried to shoot him after killing his wife and family.
"How would Dave Camm account for four victims shot with the same weapon?" Kammen asked.
Boney might have opened one more window when Kammen asked whether he had tried to cut a deal for a reduced sentence before testifying while knowing full well that such offers come only afterward.
"It's never worked for me," Boney responded. "That's why I took my case to trial."
That brought another bench conference after which Kammen left the questioning to jurors.
When asked why he didn't call 911 after the shootings, Boney called himself a coward who wanted to stay out of prison more than he was willing to give Kim Camm's family closure. Boney also told jurors that his backpack included the type of pistol that investigators have identified as the murder weapon - a .380 semi-automatic. It's also the same caliber as the weapons Boney claims to have resold to Camm.
When asked why he didn't sell Camm a gun from his backpack, Boney said, "He wanted something untraceable, and I didn't have one. And I didn't have my backpack with me that night."
"Sure," Kammen replied, when Boney offered a similar answer to a follow-up inquiry. The response drew admonishment from Judge Dartt, who instructed jurors to disregard it.
The court also heard from Kathleen Boone, an ISP trace analyst, who told jurors that fibers taken from Boney's sweatshirt were similar to those pulled from the carpet in the Camm's master bedroom. However, Boone said she could not pronounce them identical. A match could have discredited Boney's claim that he never entered Camm's house.
Likewise, Richard Hammer, a state police investigative supervisor testified that one of Camm's gym shoes could have made a bloody partial print that was found in the garage. Hammer said he was unable to confirm enough individual characteristics to call it an exact match.
First up Wednesday will be Rod Englert, a blood pattern analyst, who offered what prosecutors termed an illustration of the difference between transfer and high velocity stains. Prosecutors have identified several dots of Jill Camm's blood on David Camm's t-shirt as high velocity back spatter. Prosecutors said that is proof that Camm was the shooter.
Englert placed stage blood in an eye-dropper, onto a hairpiece, and into an atomizer bottle to assert that the patterns each left would indicate how they were left.
"Sometimes (High Impact Spatter) is a mist," Englert testified. "Sometimes it will be almost too small to see."
"It's an impressive show, but it has no relevance," Kammen argued before Dartt ruled to allow the testimony. "Some appellate court is going to call this for what it is; non-scientific junk science."
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