News and Tribune

September 19, 2013

Camm defense’s call for mistrial denied

Defense can recall Boney and his ex-girlfriend to the stand


LEBANON — The judge in the triple-murder case of David Camm has denied his defense team’s call for a mistrial.

The request, made Tuesday morning, was based on the claim that prosecutors in Camm’s second murder trial withheld written statement from Mala Singh Mattingly that provided information that would have “cleared” Camm and severely impacted Charles Boney.

This is the third trial for Camm. He has twice been convicted of killing his wife and kids at their Georgetown home in 2000, only to have those decisions overturned by a higher court. Boney was convicted of the murders and Mattingly is his ex-girlfriend who the prosecution called as a witness.

The judge on Thursday said a mistrial would have been an “extreme remedy,” but he will hold state responsible for withholding evidence, and therefore the defense may recall Mattingly to testify about what she wrote.

The defense also could recall Boney to clarify or refute what Mattingly might testify to, but the defense still can’t bring up the details of his criminal history.

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— This article was produced as a partnership between the News and Tribune and WAVE 3 News.