July 12, 2008

Murder On Lockhart Road

Bizarre Twists And Evidence Keep Turning Case On Its Head

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    • David Camm

      David Camm  (CBS)

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    • Bradley and Jill Camm, photographed with their mother, Kim. They were murdered on Sept. 29, 2000.

      Bradley and Jill Camm, photographed with their mother, Kim. They were murdered on Sept. 29, 2000.  (CBS/48 Hours)

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(CBS)  Jurors quickly decided that Boney was guilty of Kim’s murder; that decision took less than an hour. But the jury still had to decide about Brad and Jill’s murders. Did Boney know the kids would also be killed that night? That’s what troubled Kristy Litch, who was the last hold out.

"I don't know if it was the fact that I knew we was gonna have to find a man guilty of murder. Or if it was the fact I didn't want to convict 'em of the kids murders when I didn't have enough proof that he knew that they were gonna be murdered," she explains.

Camm’s uncle Sam Lockhart saw the Boney verdict as a victory for David. "We’re ecstatic that they finally got the killer. Our next deal is get Dave Camm free," he said.

And Kim’s family worried that there was not nearly as much evidence against Camm as there was against Boney. "David Camm murdered these three people and he’s the one we got to get," her father said,

With Boney behind bars, all eyes focused on Camm’s re-trial. Camm’s legal team believed when jurors would hear about Boney’s violent past they would be convinced that Boney killed Kim, Brad, and Jill, not David Camm.

But the jury would hear very little about Boney - the judge ruled jurors could only be told that his DNA and palm print were found at the scene. But they would not hear about his recent conviction in this case, his previous crimes against women, or his foot fetish.

It was huge a blow to the defense and left Camm "extremely frustrated."

Still, Camm had the appeals court decision working for him. The ruling said all those women who testified about his adultery in the first trial would not be allowed in this one.

But the appeals court left the heart of prosecution’s case untouched: the eight tiny blood stains on Camm’s T-shirt, which prosecutors insist got there when Camm shot his family.

Asked why the blood stains don't implicate David Camm, Stacy Uliana, a member of the defense team says, "They fit perfectly with what Dave has said from the very beginning. He reached over his daughter when he pulled his son out of the car."

For weeks, Camm had had to sit through all the evidence a second time. He watched the blood experts tangle again and watched the gruesome crime scene photos, again.

It got more difficult. The judge decided prosecutors would be allowed to present some evidence that David’s daughter Jill was molested, even though the appeals court set limits.

At the first trial, experts said Jill’s injuries told them she was molested within 12 to 24 hours of her death. But at this trial, a new prosecution witness widened that window of opportunity in which David could have abused his daughter.

"The jury has learned that Jill Camm was sexually abused, two days prior to her murder," Henderson said.

But with almost every setback in this trial, Camm got some good news. After the prosecution rested, the judge ruled there was too little proof of a connection between Camm and Boney. There was no evidence of phone calls or meetings, hardly any evidence the men had a plan. The conspiracy charge was dismissed.

Camm’s defense team hammered away at every prosecution witness, trying to raise as much doubt as possible.

A big part of the defense's case rested on the testimony of the basketball players, including Camm's uncle, who say they saw David on the night of the murders.

But prosecutor Keith Henderson thought he could punch a big hole in Camm’s supposedly air-tight alibi. One of the basketball players who swore at the first trial that he saw Camm in the church gym for the entire evening, now said he wasn't sure.

How damaging is the testimony? It’s hard to say because 10 other men still insist David was at the gym all the time.

"What’s relevant here is was Dave Camm in that gym or not. The evidence shows that Dave Camm was in that gym that night when Charles Boney was murdering his family. And that’s what counts," says Kitty Liell.

Continued



Produced By Marcie Spencer and Shoshanah Wolfson
©MMVIII, CBS Broadcasting Inc. All Rights Reserved.
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