News and Tribune

Police & Fire News

August 9, 2013

Judge rules DNA in Camm triple-murder case is admissible

Expert: Charles Boney’s DNA found on mother, daughter

LEBANON — Attorneys for a former Indiana state trooper accused of killing his wife and two young children can present DNA evidence suggesting a different man committed the killings, a judge ruled Friday.

The ruling by Special Judge Jon Dartt came three days before David Camm’s third murder trial is scheduled to begin in Lebanon, 25 miles northwest of Indianapolis.

DNA expert Richard Eikelenboom, testifying on behalf of Camm at a pretrial hearing last week, said that DNA from Charles Boney was found on the shirt of Camm’s wife, Kimberly, on two places on her underwear and on the torso of 5-year-old Jill Camm.

Kimberly Camm was shot to death along with their children, Jill and 7-year-old Bradley, in the garage of the family’s home near Georgetown in 2000, four months after David Camm left the Indiana State Police.

Eikelenboom’s testimony seemed to support the defense team’s argument that Boney, who was released from prison about three months before the slayings, was the killer.

Boney is serving a 225-year sentence for murder and conspiracy in the 2000 slayings at the Camm home near Georgetown, about 15 miles west of Louisville. Prosecutors said Boney had helped Camm but that he did not commit the slayings.

Another expert, Indiana State Police DNA supervisor Carl Sobieralski, testified for the prosecution last week that Eikelenboom’s results weren’t reliable because his lab isn’t accredited and he didn’t follow several accepted protocols in processing the evidence.

Dartt ruled that the prosecution’s arguments were aimed more toward how much weight the results should be given, not whether they are admissible. He said the defense would have to have Eikelenboom provide all statistical data.

“The court will give the state considerable leeway in rebutting said evidence with its own witnesses and/or evidence,” Dartt wrote in his ruling.

Both sides have placed Boney on their witness list for Camm’s third trial. His previous two convictions were overturned.

Dartt also ruled on the prosecution’s motion asking the court to order Camm’s lawyers to talking about the state’s motives for prosecuting the case. Saying some comments have “crossed the line from mere argument to almost personal attacks,” Dartt told both sides they shouldn’t be commenting on each other’s motives.  

Lawyers for Camm requested the change of venue from Warrick County to a county north of Indianapolis because of pretrial publicity.

Look for continuing coverage of the murder trial in the News and Tribune and at newsandtribune.com

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