News and Tribune

August 12, 2013

Camm’s defense has high hopes for new DNA evidence

Defense: DNA puts Charles Boney at the murder scene

By GARY POPP
gary.popp@newsandtribune.com

LEBANON —

New DNA evidence ruled admissible Friday in the third triple-murder trial of former Indiana State Trooper David Camm has great potential to show the innocence of the twice-convicted man, says one of his defense attorneys.

Camm’s counsel Stacey Uliana, Bargersville, said the DNA shows Charles Boney, who was convicted in 2006, was at the crime scene and not just a “patsy” who provided Camm the murder weapon.

“It [recently admitted DNA] shows Charles Boney was fighting with the victims. It completely impeaches his story and the story of the state that he is either just an innocent bystander or a provider of a gun,” Uliana said. “He [Boney] is in there physically struggling and attacking David’s family.”

Presiding special Judge Jon Dartt ruled the DNA evidence submitted by Camm’s defense as admissible in the upcoming trial in Boone County.

Uliana said Saturday that some of the DNA evidence is considered “touch” DNA, adding that means, “Simply, DNA that comes from skin cells. Some of it is touch DNA and some of it may not be.”

She said the evidence was entered only recently, partly because it was evidence collected by the defense team.

The DNA was taken from the clothing of Camm’s wife, Kim, and his daughter, Jill, 7. His 5-year-old son, Bradley, was also killed during the incident in the garage of the Camm family’s Georgetown home in 2000.

“The defense had to go looking for it. The state has no interest in looking for touch DNA that may impeach their case,” Uliana said. “If you don’t go looking for something, you are not going to find it. So, this time around, we decided to go looking for it, and, sure enough, Charles Boney is where we thought he would be, on Kim Camm and Jill Camm.”

She said the DNA evidence puts Boney at the scene, which was not proven in the two previous trials.

“Charles Boney has always been convicted under this manipulated theory he simply provided David Camm a gun, and David was actually the shooter of his family,” Uliana said. “That is not accurate when you look at this DNA. Charles Boney was not just a passive bystander. He actually fought with Kim Camm. He actually touched her underwear. He actually struggled with Jill Camm, and you can see that through this DNA.”

With the new evidence, Uliana said, the state’s previous argument may fall apart before the new set of jurors.

“If Boney was telling the truth, his DNA should not have shown up anywhere on that scene and if the state’s theory was correct, Charles Boney’s DNA should not be anywhere on that scene, and, in fact, it is everywhere on that scene,” she said.

Uliana said the defense will continue to argue that Camm had no participation in or knowledge of his family’s heinous killing.

She said her client was not at the scene, and the statements of others support his alibi.

“He [Camm] was playing basketball. I think that is pretty obvious,” Uliana said. “There are 11 guys that said he was with them, and not one of them saw him leave, come back or even noticed he was missing. Not one of them said he acted abnormal. Not one of them saw him with blood on him.”

Before the various evidence was admitted, it was tested in both Colorado and Holland.

Uliana said the DNA evidence was tested by a company with operations in the two locations, and that the majority of the testing took place in the U.S.

“Regardless of whether it was in the Colorado or Holland lab, it is still the same procedures. It is still the same organization that did the testing,” she said.

While the DNA evidence is now nearly 13 years old, Uliana said technological advancements have resulted in DNA up to 30 years old still cogent in a courtroom.

“As long as you have the DNA present, and you use the right techniques, you can get that DNA and you can find out whose it is. The time, it does make it harder. Things degrade and wear off, but it is not impossible. The time passage, I don’t think hurt the integrity of these results”

But no matter the age of the new evidence or where it was tested, Uliana said the jury will have to consider what the evidence reveals.

“It is a lot harder to grasp David Camm being the shooter when Charles Boney’s DNA is all over that scene,” Uliana said.

The trial’s jury selection is scheduled to being Monday. Uliana said she expects jury selection to last at least the duration of the week and the entire trial to span possibly two months.