THE ASSOCIATED PRESS
February 29, 2008 09:54 am
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INDIANAPOLIS — A former state trooper’s conviction for murdering his wife and two children should be reversed because another man was acknowledged to be involved, defense attorneys argued in a brief filed in his appeal.
Attorneys for David Camm also argued that the prosecutor failed to prove a connection between Camm and the other man — Charles Boney — during Camm’s 2006 trial in Warrick County Superior Court.
The brief was filed Thursday with the Indiana Supreme Court.
Jurors in January 2006 convicted Boney on three counts of murder and he is serving a 225-year sentence. A separate jury two months later convicted Camm of killing his family in the garage of their home in the southern Indiana town of Georgetown.
But the brief said a conspiracy charge attempting to link Camm with Boney was dismissed because there was no evidence.
Boney’s involvement creates reasonable doubt as to Camm’s guilt, Camm’s attorneys argued.
“This Court must determine whether the undisputed involvement of a third party who has no connection to the defendant is per se reasonable doubt,” the brief said.
The brief is the last to be filed with the court before it is expected to schedule argument in the case, which attorney Stacy Uliana said could be held within two months.
Attorney General Steve Carter argued that Camm’s conviction should be upheld in a brief filed earlier this month. A message seeking comment on the defense brief was left at the attorney general’s office Thursday.
Camm was convicted for the September 2000 murders of his wife, Kimberly, 35, and their children Bradley, 7, and Jill, 5. He is serving a life sentence without the possibility of parole.
That trial resulted in Camm’s second conviction in the case. The first, in Floyd County in March 2002, was overturned by the Indiana Court of Appeals in August 2004.
Camm’s attorneys appealed his second conviction in October.
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