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.