INDIANAPOLIS – The testimony of a felon already sent to prison in the 2000 killings of a former Indiana state troopers family could help decide whether David Camm is convicted of murder a third time or walks away a free man after 11 years in prison.
Charles Boney is serving 225 years in the shooting deaths of Kimberly Camm, 35, Bradley, 7, and Jill, 5, inside the garage of the familys home near Georgetown, about 15 miles west of Louisville, Ky.
Jurors in January 2006 convicted Boney on three counts of murder and one count of conspiracy to commit murder.
Another jury convicted Camm in the killings a few months later.
It was Camms second conviction, and both were overturned, setting the stage for the third trial, which began Aug. 22 in Lebanon, a city in Boone County in west-central Indiana about 100 miles from where the killings took place.
Defense attorneys at Camms first trial in 2002 argued that evidence at the scene showed another man had been present. After Camms first conviction was overturned, tests linked DNA and other evidence at the scene to Boney, who had been released from prison only months earlier.
Prosecutors maintain Camm and Boney conspired in the killings, a scenario backed up by Boney.
According to court records, Boney told police and wrote later in an autobiography that he had sold the gun used in the shootings to Camm and had been outside the garage during the shootings.
But Indiana University School of Law professor Fran Watson said Boney changed his story repeatedly under police questioning.
The way this has come down to the state saying they conspired and the defense saying Boney acted alone, its all going to come down to Boney, Watson said.
But whether Camms attorneys will able to use some that evidence isnt clear. When defense attorney Richard Kammen mentioned Boneys foot fetish in the third trials opening arguments, Special Prosecutor Stan Levco said Kammen had violated an agreement between both sides and moved for a mistrial.
Special Judge Jon Dartt allowed the trial to continue but warned Kammen and told jurors to ignore the reference.
Tests found Boneys DNA on Camms daughter and on Kim Camms underwear, and Kim Camms shoes were found on top of the SUV.
But the judge in the second trial ruled defense attorneys couldnt use evidence that Boney had a foot fetish and attacked and robbed women because his previous crimes were not similar enough to the 2000 killings.