Published: February 23, 2006 02:21 pm            

Ball players detail Camm’s alibi

How reliable is eyewitness testimony?

BOONVILLE — In the final days of David Camm’s second murder trial, his defense team has focused the jury’s attention on what they believe is key to their client’s acquittal — his alibi.

Three of the 10 men who say they were playing basketball with Camm at the time of the murders testified Wednesday that they don’t believe it was possible for him to leave the gym for more than a couple minutes without being noticed.

Prosecutors allege Camm planned to commit the murders during the weekly game in order to establish an alibi, believing he could sneak out, drive 5 minutes to his home, shoot his family and return without anyone noticing his absence.

Steve Owen, Floyd County’s chief deputy prosecutor, grilled players about the specifics of that night — who was on the teams during each game, who scored first, who guarded who, how many games were played.

Their varying answers to those questions show how difficult it was for them to remember specifics of the evening, including where Camm was during each game, Owen said.

The nature of pickup basketball games — unorganized games without time limits, referees and with few rules — would make it impossible for Camm to plan an exact time to commit the murders, defense attorney Katharine “Kitty” Liell said.

Also testifying for the defense Wednesday was a third blood-stain pattern expert who said the blood on Camm’s shirt got there when he came into contact with a bloody surface, most likely his daughter’s hair.

Paulette Sutton, director of investigations for the Memphis and Shelby county Medical Examiner’s Office in Tennessee, said she was “positive” the blood wasn’t high-velocity impact spatter, which would have placed Camm at the scene during the murders.

She also said she’s never seen an area of high-velocity impact spatter with so few stains.

“Typically with impact spatter there’s a lot more” than the four she examined.

The state has presented four experts who disagree. They claim eight microscopic drops of blood on Camm’s T-shirt, and a drop on his shoe, are spatter, meaning he was within 4 feet of his family when they were shot.

Most of Wednesday, though, focused on the testimony of brothers Jeff and Martin Dickie, who had played ball with Camm for years, and Phillip Lockhart, Camm’s younger cousin.

Each said that Camm was at Georgetown Community Church gym when they arrived about 7 p.m. and when they left, shortly after 9 p.m. Lockhart said he walked out to the parking lot with Camm at about 9:20 that evening. About five minutes later, Camm arrived home and reported the murders.

They agree Camm sat out one game, but couldn’t say for sure which one it was. Four players have testified they believe it was the second or third game.

The prosecution says that would coincide with the time Camm’s wife and children were murdered. The medical examiner estimated the family’s time of death at 8 p.m.

Although the witnesses were adamant that they saw Camm on the sidelines during the game he sat out, they admitted they couldn’t account for his every movement while they were playing.

The group played mostly five-on-five, full-court games, each taking about 10-15 minutes, the players testified.

Previously, jailhouse informant Jeremy “Joker” Bullock testified that Camm told him, “If he ever got in trouble for the crime, the eyewitness testimony sounds good in front a jury, but that through his (state police) training, (he knew) eyewitnesses ...” were easy to manipulate.

Following the players’ testimony Wednesday, Floyd County Prosecutor Keith Henderson said, “Eyewitness testimony is not the most reliable testimony.

“We’ve seen that time and time again. They can recall general things ... but not specifics.”

Liell took issue with Henderson’s comments, saying it was another case of the state “using more smoke and mirrors” to falsely characterize the matter.

“(Eyewitness testimony) is extremely reliable. What he’s talking about is when a stranger comes up to you and robs you, under the stress of a crime that happens in seconds ... that’s not what we have here. These people knew Dave,” Liell said.

Elizabeth Loftus, a nationally renowned memory researcher and forensic psychologist, says memory is easily interfered with and eyewitness testimony is often unreliable.

She told Psychology Today that false memories can be triggered in up to one-quarter of people simply by giving them incorrect information following an event.

Other studies, according to the magazine, “have shown that there is no significant correlation between the subjective feeling of certainty a person has about a memory and the memory being accurate.”

The state seems to believe that idea as well, suggesting witnesses who were frequently talking to each other about that night may have unintentionally altered their stories over time.

The defense intends to rest its case Friday. Rebuttal is expected to begin Monday, followed by closing arguments, which Judge Robert Aylsworth has limited to 90 minutes for each side.

On Wednesday, Aylsworth told the jury to expect to begin deliberations next Tuesday.



Reporter’s Notebook

Strolling past Neff’s Barber Shop on Main Street Wednesday, I had to smile when I saw this hand-lettered sign in the window: “Closed. Flu.”

I, of course, wasn’t happy to hear about Mr. Neff’s illness, but the sign — posted along with a flier about the church fish fry — signified a simpler time, a welcome respite after covering a grisly murder trial for nearly two months.

Glancing around Boonville’s town square are other signs of small-town life.

Most noticeable is the number of mom and pop businesses — Hutchinson’s Jewelers, Miller’s 5 & 10, Nancy Joe’s Attic Treasures, Yesterdaze Restaurant & Catering, and probably a dozen others.

In an age when giant retailers have pushed the little guys out, it’s nice to see a place where home grown business is alive and well.

•••

The jury, continuing to show due diligence, passed the judge a note Wednesday morning asking the court audience to be sure cell phones were off and to limit the number of times they entered and left the courtroom.

Ringing phones and traffic in and out were distracting to the jury, Judge Robert Aylsworth announced.

Not long after, a Broadway tune filled the courtroom, emanating, of course, from a cell phone.

— Lisa Hurt Kozarovich

        

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