News and Tribune

September 19, 2013

State rests; defense to call first witness in Camm trial Tuesday

LEBANON — The state of Indiana has rested after calling its final witness in the case against David Camm.

Among its last witnesses were the lead investigator from the Indiana State Police and an ISP blood and DNA technician who retested the shirt worn by Camm on the night of the murders, along with a sweatshirt belonging to Charles Boney.

Boney, who was convicted of the Camm murders in 2006 and is serving a 225-year sentence, previously testified that Camm asked him to get an untraceable gun. Boney said he delivered the gun to Camm on the evening of the murders, Sept. 28, 2000, at Camm’s Georgetown home.

In his testimony, Boney said he was at the Camm home when Camm’s wife, Kim, 35, and the couple’s children, Bradley, 7, and Jill 5, returned home. Boney said he heard Camm fire the shots that killed his family inside the garage.

During Thursday’s session, Special Judge Jon Dartt denied a motion made earlier this week by the defense for a mistrial. Dartt, however, is holding the state responsible for withholding evidence, specifically a written statement given several years ago by Mala Mattingly, the ex-girlfriend of Boney.

The defense claims Floyd County Prosecutor Keith Henderson hid Mattingly's statement from them during Camm’s second trial, which took place in Warrick County, east of Evansville. Mattingly testified as a prosecution witness on Sept. 17.

An investigator with the Floyd County Prosecutor’s office said Thursday that Henderson would not comment on the Camm trial because it is ongoing.

Esther Ragan said Henderson, a central figure in Camm’s second trial, will likely be more open to provide comments once the trial has adjourned.

With Dartt's ruling, Camm's attorneys have the right to recall Mattingly and then Boney.

Because of the needs of Boone County, the trial is in recess until Tuesday, Sept. 25. That's when the defense will call its first witness.

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