David Ray Camm (born March 23, 1964) is a former state trooper who was acquitted and released in 2013 after his third trial on charges of murdering his wife, Kimberly, and children, Brad, 7, and Jill, 5, at their Georgetown, Indiana home on September 28, 2000. He had been found guilty in two earlier trials, but these verdicts were overturned on appeal. Camm now works as a case coordinator for a non-profit wrongful conviction advocacy organization called Investigating Innocence that provides criminal defense investigations for inmates.
Camm became a suspect because of an interpretation of bloodstain patterns on his clothing as well as a number of leads and pieces of evidence that were later found to be unreliable or outright false. He was tried and found guilty of the murders. In 2004 the conviction was overturned on the grounds that testimony about his marital infidelity had been prejudicial.
In 2005, forensic evidence identified a career criminal named Charles Boney as having been at the crime scene. Boney’s modus operandi in previous crimes showed similarities to aspects of the murders. Boney had a history of stalking and attacking women, often stealing their shoes; Kim’s shoes had been removed and placed neatly on the vehicle and she had a series of bruises and abrasions to her feet. The prosecution was widely criticized for the failure to find Boney prior to the first trial. They told the defense team in 2001 that the DNA had been run through CODIS and returned no matches. It was later discovered that Boney’s DNA was entered into the system prior to the murders and would have returned a match if it had been run.
Boney gave a number of conflicting confessions, but eventually accused Camm of the murders, claiming he witnessed Camm shoot his family while he was at the home selling Camm a handgun. Camm was charged along with Boney as a co-conspirator, Boney was tried first and separately. Boney was convicted of the murders and sentenced to 225 years in prison. In 2006, Camm was found guilty on the murder charges at his retrial. Camm appealed, and the verdict was overturned on the grounds that the prosecution at the second trial had accused Camm of sexually molesting his 5-year-old daughter Jill, without producing evidence for the allegation.
Boney testified against Camm for the first time at the third trial, although his credibility was called into question when he was unable to describe the car Camm drove and also incorrectly described Camm’s clothing on the night of the murder. Evidence was presented that Charles Boney’s DNA was found on Kim’s panties, her shirt, her broken off fingernail, and Jill’s shirt, suggesting he physically attacked the family himself. Defense witnesses also testified that prosecution assertions about the stains were not widely accepted by others in the field of bloodstain analysis. It was also discovered that the blood spatter analyst whose analysis had triggered the arrest had falsified his credentials and did not work in the field of bloodstain pattern analysis at all. He had previously testified that he was a professor at Portland State University; it was discovered that he had no affiliation with the university. He testified in the third trial that he had perjured himself during the first two. Dr. Robert Shaler, who served on a committee for The National Academy of Sciences to evaluate forensic methods, testified that blood spatter pattern analysis was found to be unreliable in their studies. Another expert demonstrated that the pattern could be produced through transfer.
The defense presented suspicious behavior on the part of Boney, such as visiting the graves of the victims, speaking on the phone to the prosecutors office on 33 occasions in the two week period before his arrest, and hiring Stan Faith, the prosecutor as his defense attorney and discussing the case with him prior to becoming a suspect. They also presented a number of instances of alleged misconduct by the police and prosecutors in the case.
Camm was acquitted and freed after 13 years in prison.
The case was covered extensively by the media in the southern Indiana and the Louisville, Kentucky area, as well as by national news programs including Nancy Grace, 48 hours, and Dateline. The case is noted for the extensive allegations of prosecutorial misconduct, including witness tampering, evidence tampering, perjury and an overall shoddy investigation and has been detailed in numerous forensic textbooks.

Initial investigation

Police were summoned to the Camm residence shortly after 9:30 on September 28, 2000 to find Kim, Brad, and Jill Camm shot to death in the garage of their home. Camm told police that he returned home from playing basketball at a nearby church and found his wife shot to death on the floor of the garage. He then saw his children sitting in the backseat. Camm stated that he thought his son may still be alive, so he pulled him out and attempted CPR. Bradley Camm was found lying on the floor on top of a prison issue sweatshirt with DNA from two unknown persons on it as well as other forensic evidence.

First theory of the crime

The investigation of the murders was hampered from the beginning by several false leads. The theory of the crime at the time of the arrest was that Camm returned home from playing basketball, shot his family, attempted a clean-up, before abandoning the clean-up attempt and calling the Sellersburg State Police post for help. Rob Stites, a crime scene photographer who was believed by the police to be a blood spatter analyst, told police there was a clean up at the crime scene and high velocity impact spatter on the shirt Camm was wearing. Another piece of seemingly incriminating evidence was a phone bill seeming to indicate Camm had made a phone call from the residence at 7:19 pm on the evening of the murder. He claimed to be playing basketball at the church from 7pm to approximately 9:30pm that evening. Camm also had had a history of infidelity, which police believed was the motive for the murders.

Before long, the erroneous nature of several pieces of evidence was revealed. While the infidelity accusations were credible, it was discovered that most of the rest of the evidence on the probable cause affidavit was either inaccurate or unreliable. Based on the autopsies and other evidence, the time of death was determined to be around 8 pm, far earlier than the original estimate of 9:30 pm giving Camm an alibi. The phone call that seemed to prove Camm was lying about his alibi was disproven. The phone company discovered the inaccuracy stemmed from the confusion regarding Indiana’s complicated time zones. The call actually was made an hour earlier, at 6:19 pm.

The clean up at the crime scene and the blood spatter on David’s shirt were also called into question. It was discovered that there was not in fact a crime scene clean up, but the normal separation of blood when exposed to air for a period of time. Several other areas that Stites had claimed to be high velocity impact spatter found at the crime scene were found to be inaccurate interpretations, calling into question Stites’ abilities.

Investigators stated that they investigated the foreign DNA on the sweatshirt found at the crime scene, but there were no matches when it was run through CODIS.

Second theory of the crime

The discovery that the time of the murder was over an hour earlier than previously thought meant that David now had an alibi. Eleven witnesses told police he was with them playing basketball from 7 pm until after 9pm. The police changed their theory of the crime from a murder following the basketball game to one in which he sneaked out of the basketball game, committed the murders, and then slipped back in without being noticed.

Trials and appeals

First trial

The case went to trial in the spring of 2002 with the blood spatter as the main forensic evidence and the affairs listed as the motive. The prosecution argued that the bloodstains on Camm’s shirt were the result of high velocity impact spatter, proving he was the shooter. Defense experts assert that the pattern was caused by transfer when his shirt came in contact with Jill’s hair as he was removing his son from the vehicle. Bart Epstein, a bloodstain analyst for the defense, stated that there is some overlap between the appearance of different types of stains so blood spatter analysts need to consider other aspects of the stain to determine the cause. In this case, the number of blood stains is as relevant as their size and shape. “Gunshot will produce hundreds of stains coming back. I’ve never seen, I believe the other experts for both the prosecution and the defense have indicated that they’ve never seen just seven small or eight small stains from a gunshot. I’ve never seen that,” said Epstein.

During the trials, Epstein and another blood analyst demonstrated how the blood stains could have gotten on the shirt by running T-shirts over wigs containing blood. Similar patterns to the one on Camm’s shirt were produced. Nevertheless, he was convicted.

In August 2004, the Indiana Court of Appeals overturned the conviction. The court cited the trial judge’s decision to allow testimony from a dozen women who claimed they had affairs with Camm or had been propositioned by him, which unfairly biased the jury because the prosecutor did not adequately connect those relationships with the murders. In November 2004, prosecutor Keith Henderson refiled charges against Camm.

Discovery of a second suspect

In early 2005, the defense asked that DNA from two unknown persons found on the sweatshirt at the crime scene be run through CODIS again. Defense lawyers claim the prosecution refused until they were finally compelled to by a court order. A match was found for the male DNA and it was discovered that that particular DNA sample was never run prior to the first trial despite assurances from the prosecutor that the sample had been analyzed and returned no matches. Charles Boney, a convicted felon from nearby New Albany was identified as the owner of the sweatshirt. He was out on parole at the time of the crime, having been convicted of committing a series of armed attacks on women, several of them involving the theft of shoes. The most recent attack was the armed robbery and attempted abduction of three women at gunpoint.

In some cases, there was evidence of stalking as well; some of Boney’s previous victims had reported receiving harassing phone calls for a couple months prior to the attacks asking them what they were wearing and if they were wearing high heeled shoes. He had previously admitted to police that he had a foot fetish, a detail he later discussed with numerous news outlets. This detail was suspicious to the defense: Kim Camm’s shoes were removed and lined up neatly on top of the vehicle in the midst of a messy crime scene. Kim had a series of bruises and abrasions to the top of both of her feet. Boney was interviewed and took a polygraph, in which he was determined to be deceptive. He denied any involvement, claiming that he donated the sweatshirt to charity and was cleared as a suspect. Two weeks later, his palm print was discovered on Kim’s vehicle and he was arrested.

The other DNA sample was later identified as belonging to Mala Singh Mattingly, Boney’s then girlfriend.

It was discovered after his arrest that Stan Faith, the prosecutor in Camm’s first trial, was Charles Boney’s attorney. During questioning, Boney asked to be represented by Faith but was told it was a conflict of interest. Boney admits to having discussed the case with Faith prior to becoming a suspect in the case. When asked about the failure of his office to identify Boney, Faith denied any intentional wrongdoing stating: “I regret it. I deeply regret it, but the myth that’s growing out of this is false.”

Third theory of the crime

Boney gave a number of conflicting confessions before he finally settled on one in which he was lured to the Camm residence under the guise of selling a gun to David Camm. He admits to placing the shoes on the vehicle, but claims he did it only coincidentally and not related to his foot fetish. Boney claims that Sept 28 he arrived at 7 pm to meet David at the Camm residence to sell him a weapon—a meeting they arranged through chance meetings and without the use of a telephone. He hands Camm the weapon wrapped in his gray sweatshirt that was later found at the crime scene. Within seconds, Kim arrives home in her Bronco, Camm follows the Bronco into the garage and Boney hears three shots fired. Boney alleges that Camm then attempted to shoot him and stated “you did this”. He claims that the gun either jammed or ran out of bullets. With Camm holding a now non-functioning weapon, Boney ran after Camm, chasing him back into the garage. Camm entered the house while Boney tripped and fell over Kim’s shoes, which were off of her feet and on the garage floor. Boney stated that he picked up the shoes and placed them atop the Bronco. He then leaned against the vehicle to look at Brad and Jill, who were inside the vehicle, deceased. He explains that this is why his hand print was found on the vehicle. (note: based on testimony from other prosecution witnesses, Kim, Brad, and Jill were still alive and at the pool until 7:15pm. The timeline given by Boney of a shooting shortly after 7pm also conflicts with the prosecution’s timeline, which aligns with the medical examiner’s estimation of an 8pm time of death.) Aside from Boney’s story, no additional evidence has been recovered to connect David Camm and Charles Boney.

Mala Singh Mattingly

After Mattingly’s DNA was identified, she was interviewed regarding her knowledge of the crime. She told police that Charles Boney returned home after midnight on the night of the murders. “He was breathing really hard — excited somewhat,” Mattingly said. She said that he showed her a gun, had a bloody scraped knee and was sweating profusely. The next morning, she says, Boney asked her and his mother to watch news coverage regarding the murders. She testified that she left the room to shower while he and his mother began arguing. Her blood was found mixed with Brad and Kim Camm’s blood on the sweatshirt at the crime scene.

Second trial

Following Boney’s arrest in 2005, Camm and Boney were charged as co-conspirators in the murder of Kim and her children. Boney was tried first, convicted, and sentenced to 225 years in prison.

Camm’s trial began on January 17, 2006. With the affairs now inadmissible, prosecutor Keith Henderson argued that Camm was molesting their daughter and he killed his family to cover up the crime. Their evidence was a single blunt force trauma injury to Jill’s genitals. A medical examiner who testified for the defense disagreed with the state’s theory that it was the result of sexual abuse, arguing the child’s hymen was intact and it was just one of many blunt force trauma injuries sustained by being struck during the fatal attack. The prosecution presented Boney’s story that Camm was the shooter but Boney was there to sell Camm a gun. Camm was convicted a second time on March 3, 2006 and was sentenced to life without parole.

He appealed the conviction on the basis of the prejudicial nature of the molestation allegations and the lack of evidence linking the injuries to Camm and a second reversal was granted. The supreme court stated: “Missing from this record is any competent evidence of the premise that the defendant molested the child.”

Third trial

The motive alleged by the prosecution in the third trial was the life insurance policies purchased by Kim Camm.

Charles Boney testified against David Camm for the first time, accusing him of luring him out to the home before shooting his own family and then turning the gun on him.

The third trial saw the introduction of new DNA evidence that wasn’t presented in the first two trials. Dr. Richard Eikelenboom testified that he found touch DNA consistent with Boney in several places on the clothing of both Kim and Jill Camm. Boney’s DNA was found on Kim Camm’s panties, the arm of her shirt (above an abrasion on her arm thought to be the result of the struggle with her killer), on Kim’s broken off fingernail, and on the stomach of Jill Camm’s shirt. These results seem to discredit Boney’s assertion that he never touched the victims. Defense co-counsel Stacy Uliana argued that if Boney physically attacked the family, which the DNA seems to suggest, it is unlikely that David is the shooter.

Fourth theory of the crime

With the touch DNA evidence placing Boney in a more active role in the crime, the prosecution introduced yet another theory of the crime near the end of the third trial when Judge Dartt made a controversial ruling that the jury instructions could include an instruction allowing the jury to find Camm guilty if they believe he “aided and abetted” Boney during the murders. This instruction applied if the jury believed Camm had involvement in the murders, but was not the shooter. The defense strenuously objected to the inclusion of this instruction, citing not only the complete lack of evidence that Camm had ever even met Boney, but that the instruction violated the law against double jeopardy; Camm had been acquitted on conspiracy charges during the second trial.

Louisville defense attorney Steve Romines criticized the move stating: “This aiding and abetting: they don’t have any evidence to support it. It’s really inconsistent with their proof.” Camm’s defense attorneys argued this new theory of the crime essentially throws out the blood spatter evidence — the only major piece of forensic evidence tying David to the crime. Following the verdict, Richard Kammen stated: “All the sudden to say ‘well if all our evidence is wrong, go ahead and convict him anyway’ this jury was a smart jury, they clearly saw through that.”

Acquittal

On October 24, 2013, a jury found Camm not guilty of all charges. Camm’s attorney’s described it as “vindication”.