News and Tribune

December 21, 2012

Court: Prosecutors will give information on Boney meetings

Three requests by Camm’s defense team granted by judge

By GARY POPP
gary.popp@newsandtribune.com

SPENCER COUNTY — Attorneys preparing for the third David Camm trial met Friday to outline particulars in the former Indiana State Police trooper’s 2013 murder trial.

Camm’s defense attorneys, Richard Kammen and Stacey Uliana, filed three motions during the Spencer County court hearing. Each of the motions were granted by presiding Judge Jon Dartt.

The defense requested that Floyd County Prosecutor Keith Henderson and Floyd County Chief Deputy Prosecutor Steven Owen each provide depositions.

Kammen said the motion to receive depositions from the Floyd County prosecutors was made to reveal information shared behind closed doors between them and Charles Boney, who was convicted in 2006 of the Camm family murders and is serving a 225-year sentence.

“The judge [will allow] us to take depositions from Keith Henderson and Steven Owen regarding their communications with Charles Boney, the gentleman who killed the Camm family,” Kammen said. “[Boney] has testified he had private, off-the-record meetings with [the Floyd County prosecutors].”

Kammen said the prosecutors are expected to provide their depositions in late January.

Henderson and Owen are not prosecuting the current case against Camm. That duty is being handled by Stan Levco, of Perry County, who was named special prosecutor after Henderson was removed from the case.

Dartt has permitted Henderson to speak with Levco about the trial after the Floyd County prosecutor was removed from the case in February when the Indiana Supreme Court upheld a prior ruling of the Indiana Court of Appeals.

Henderson “made himself an issue at trial” by agreeing to write a book about Camm and thus shouldn’t be allowed to prosecute the case, according to the court of appeals ruling.

Levco said he spoke with Henderson and Owen before he agreed to the defense’s motion requesting their depositions. He said he could have objected to the motion, but, with some reluctance, decided not to do so.

“Generally, I think it is a pretty bad precedent to force prosecutors to give a depositions, but in this case we agreed to it,” Levco said. “They don’t have anything to hide. They didn’t do anything wrong.”



OTHER MOTIONS

The second motion made by the defense was in reference to DNA testing.

“The court ordered certain items be submitted in an independent lab for DNA testing with the most modern and sophisticated type of testing available,” Kammen said.

He said clothing and other items are the material to be subjected to the contemporary DNA testing.

Lastly, Kammen and Uliana filed a motion to have various state witnesses, deemed experts, provide statements of their opinions and the facts on which their opinions are based. Kammen said the state witnesses have all provided statements in previous proceedings involving Camm’s prosecution.

Kammen said the next hearing date in the Camm case is slated for Jan. 23. The trial is scheduled to be held in Boone County, north of Indianapolis, in August.

The former Indiana State Trooper faces three charges of murder in the deaths of his wife, Kim, 35, and his two children, Bradley, 7, and Jill, 5. The family was slain in the garage of their Georgetown home Sept. 28, 2000.

Next year’s scheduled trial follows two guilty convictions, which occurred in 2003 and 2006. Both verdicts were subsequently overturned.

Camm was arrested and charged in the murder of his wife and children Oct. 1, 2000.