Prosecutor seeks mistrial in trooper's 3rd trial, judge denies request
Last Updated: 109 days ago
LEBANON, Ind. - A judge has denied a prosecutor's request for a mistrial in the case of a former Indiana state trooper charged with killing his wife and two children in 2000.
Special Prosecutor Stan Levco asked Judge Jonathan Dartt to declare the mistrial Thursday after both sides presented opening arguments. Levco says defense attorneys violated an agreement not to discuss David Camm's two previous trials in the slayings.
Dartt rejected the request but admonished attorneys to stick to previously agreed-upon rules.
Camm has been convicted twice in the Sept. 28, 2000, shooting deaths of his wife Kimberly and his two children at their Georgetown, Ind., home. Both convictions were overturned on appeal.
Levco told the jury he doesn't have to prove a motive, but said Camm told an inmate in prison that he and his wife were having marital problems and she was going to leave him.
Upon her death, Camm stood to receive $750,000 in insurance money.
Levco said the most important piece of evidence is the blood spatter on Camm's T-shirt. He said tiny drops of his daughter's blood were on his shirt, which is called High Velocity Impact Spatter.
Levco said Camm had to be within four feet of the gunshot. Camm's family rejected that suggestion.
“If you are within four feet of the gunshot, there’s going to be more on you than seven tiny linear specks of blood and there are experienced, knowledgeable, well-respected scientists in this country who say that is exactly what that should be interpreted as,” Camm’s sister Julie Blankenbaker said.
Defense Attorney Richard Kammen said Camm was playing basketball at church at the time of the murders and said there are 11 witnesses to Camm's innocence.
The defense contends Charles Boney committed the killings alone. Boney is currently serving 225 years in prison in connection to the killings.
Prosecutors argue Boney was Camm's accomplice. Camm maintains he's innocent, but Boney was expected to testify against Camm.
Camm’s wife’s father said both men were guilty.
“I think if they look at it like I look at it, like most people look at it, all we want is the truth, and the truth is David’s guilty and that’s all we can ask for,” Kimberly’s father, Frank Renn said.
Prosecutors wanted a mistrial because the defense mentioned a foot fetish Charles Boney allegedly had.
Kim's shoes were off and her socks were missing when her body was found. The judge told the jury to disregard that comment.
Follow Derrik Thomas on Twitter: @derrikthomas
Copyright 2013 Scripps Media, Inc. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.