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Published: February 21, 2006 02:27 pm    print this story  

Defense experts challenge molestation, gunshot residue findings

By Lisa Hurt Kozarovich
newsroom@news-tribune.net

BOONVILLE — Two expert witnesses testified in David Camm’s defense Monday, one dispelling the idea that Camm molested his daughter and another offering alternative scenarios for how gunshot residue particles could have gotten on Camm’s clothing.

Jon Nordby, a consulting expert in ballistics and gunshot residue, told the jury that chemicals present in gunshot residue could also come from Camm’s restoration work on a 1966 Mustang he was rebuilding for his son.

The state alleges Camm used a Lorcin .380-semiautomatic pistol to kill his family and says two gunshot residue particles and hundreds of brass shavings found on his clothing help prove he loaded the weapon and pulled the trigger.

But Nordby said experiments he performed determined that loading a Lorcin pistol with brass-jacketed bullets would not cause hundreds of brass particles to shed on the clothing. What would explain such a large number, 1,950, of brass shavings would be using a brazing rod to seal pieces of the Mustang together as Camm reportedly had been doing in the weeks before the murders. Washing and wearing the shirt would diminish the number of particles, but some would remain, he said.

“My conclusion is that auto restoration work as a source of brass and lead particles is a good candidate,” Nordby said. He quickly added, “That’s not to say the two (gunshot residue) particles didn’t come from the discharge of a firearm, but it certainly wouldn’t explain the brass.”

Nordby also testified that he found gunshot residue on a sweatshirt found at the scene that was later linked to Charles Boney, Camm’s recently-convicted co-defendant.

Floyd County Prosecutor Keith Henderson was to begin cross-examining Nordby this morning. Henderson said he didn’t find Nordby’s testimony concerning, especially since the gunshot residue evidence wasn’t a “significant” portion of the prosecution’s case.

Camm is charged in the Sept. 28, 2000, fatal shootings of his wife Kim, 36, son Brad, 7, and daughter Jill, 5, at their Georgetown home. He was convicted in 2002, but the conviction was reversed two years later when a state appeals court ruled Camm hadn’t received a fair trial.

In 2005, a sweatshirt and palm print found at the murder scene were connected to Boney, who was then charged with conspiracy and three counts of murder. He was convicted in a separate trial in January.

Boney told police he sold Camm the gun and was outside of the family’s garage when the former state trooper killed his family. However, the jury won’t hear that evidence because Boney is appealing his conviction and therefore doesn’t have to testify if doing so would further incriminate him.

Police allege Camm killed his family when his wife discovered he was molesting their daughter. Prosecution experts testified previously the injuries to Jill Camm’s genitalia could have occurred up to 48 hours before her death, while the defense maintains they occurred closer to her time of death, when her father’s whereabouts are accounted for.

On Monday, Dr. George Nichols, former chief medical examiner of Kentucky, said he believed the injuries to Jill happened during the attacks.

The blunt trauma to her genitalia, he said, could have been caused by a knee, fist, bottle or any number of other items. Under cross-examination, he admitted the injuries could also be consistent with sexual molestation but said “it’s a very low possibility of that.”

“I think she was struck there on or about the same time she had a handgun fired at her head,” Nichols said.

He said a lack of white blood cells around the injury indicates it happened within 24 hours, or “significantly less” time than that. After 24 hours, the cells show up to begin the healing process.

Also Monday, after noticing four Boney jurors in the courtroom audience, defense attorney Katharine “Kitty” Liell accused prosecutors of trying to influence Camm’s jury.

Henderson denied his office had anything to do with the jurors showing up, noting the trial is open to the public.

Coming up, the defense expects to call another ballistics expert and three or more jailhouse informants to testify.

Reporter’s Notebook:

Monday may have been a holiday for most people, but here in Boonville it was business as usual in the courtroom.

As the trial enters its sixth week, you’d think those involved would welcome a break like President’s Day. Instead, the judge, jury, attorneys, family members … and yes, even the press … all seem to be of one mindset — keep moving.

Even courtroom observers are anxious for the end. Each time one expert witness would start to pepper his testimony with another anecdote, folks in the gallery would groan.

“This is taking too long as it is, and now we have to hear this guy talk about his wife and tell stories about his dog. This is what we’re paying for? I could have screamed,” remarked one Floyd County woman sitting in on the trial with friends Monday.

Someone from the defense side heard the disparaging comment about their witness and snickered, “It’s not as bad as that goofy act, those goofy jokes, (deputy prosecutor) Steve Owen puts on.”

•••

The trial may be taking place in Indiana, but looking around the courtroom Monday you might have thought you were smack dab in the middle of Lexington, Ky.

Five courtroom observers were sporting UK gear, ranging from shirts and jackets to earrings. Noticeably missing was the ubiquitous Indiana red. Coincidence?

— Lisa Hurt Kozarovich





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