Published: November 22, 2009 02:55 pm      

LOCKHART: ‘No evidence’ didn’t stop outrageous claims in Camm case

Editor’s Note: The following opinion column does contain some graphic content. David Camm discovered his family fatally shot in the garage of their Georgetown home in September 2000 and was arrested for the murders three days later. Two juries have convicted him, but each conviction has been overturned. Authorities are currently deciding whether to try him for the murders for a third time. His family, which has publicly fought for his freedom for nine years, includes his uncle and family spokesman Sam Lockhart. The following is part four of a series of opinion pieces he has written to explain why the family vehemently believes Camm is innocent and how they believe the investigation and trial went wrong.



Prosecutors don’t have to provide juries with reasons why someone committed murder, but they know jurors prefer to hear one.

Over the years, the Indiana State Police detectives and prosecutors have claimed three different motives to explain why my nephew David Camm would slaughter his wife Kim, and their two children, Brad and Jill.

The motive with the most weight is without any evidence: David wanted to hide his molestation of Jill.

Detective Sean Clemons’ first affidavit contained distortions and untruths, including this: “Jill Camm, age 5, had a recent tear in the vaginal area consistent with sexual intercourse.”

Detective Gary Gilbert — part of prosecutor Keith Henderson’s “fresh eyes” team that took over in the second trial — in his first affidavit claimed Jill had “blunt trauma to her vagina…consistent with sexual molestation.”

Dr. Tracy Corey-Handy, the Medical Examiner who conducted Jill’s autopsy said the injuries were “non-specific blunt force trauma.” They were on the exterior genitalia and not vaginal injuries. In fact, Jill’s hymen was intact. The ME didn’t use the terms molestation or intercourse and the investigators failed to refer to the injuries as “non-specific.” The intercourse claim was the deduction of the police.

Non-specific blunt force trauma means exactly that. The injuries were consistent with a lot of things, including a straddle injury, like a child could experience on a bicycle or piece of playground equipment, scratching, or some other way.

The injuries were “acute” without any healing, meaning they occurred within 24 hours before death. The ME said the injury would have been painful when urinating meaning Jill would have complained to someone.

No one who saw her in that time period, including her teachers, dance instructor, and grandmother, said Jill complained about any pain. In fact, she was the same happy little girl all day long, being active at school, at dance class and at Brad’s swim practice where she ran around playing.

In the first trial, then Floyd County Prosecutor Stan Faith argued that David was responsible, and said, “No one but the defendant had access to Jill.” He ridiculed the possibility of a “phantom killer.” Charles Boney (who prosecutors say helped David commit the murders, was convicted of the murders and is serving a life sentence) hadn’t yet been identified as the owner of DNA and a palm print found at the crime scene.

Faith made an issue of Jill’s DNA being found on her parent’s bed. Of course, her DNA would be found on her parents’ bed. Children often sleep or watch cartoons while in their parent’s bed.

But Faith wanted to prove molestation and tried to pressure DNA analyst Lynn Scamahorn into testifying falsely to her findings regarding that DNA, according to a memorandum she wrote to her supervisor, Joseph Vetter, on February 11, 2002. She later testified to the authenticity of the memorandum in the second trial: “Mr. Faith…began yelling at me very loudly using foul language…I told Mr. Faith that I could not make a statement of identity for vaginal secretions or saliva due to the fact that there is not an identifying test for these types of stains. To which Mr. Faith replied that I was being ‘told how to testify’…”

Scamahorn also wrote, “Mr. Faith also wanted me to make a statement that David Camm’s (DNA) could be included on the (Boney) sweatshirt (at the crime scene) and the DNA types clearly do not include David Camm…”

(Note: Faith and the ISP failed to identify the sweatshirt with Boney’s DNA on it found at the murder scene even though his DNA was submitted in July 1997 when he was a prisoner at the Indiana State Prison.)

If Faith had any evidence that David had molested Jill, why did he demand false evidence by threatening the DNA expert?

In the second trial, the new prosecutor, Henderson, followed Faith’s lead about the molestation, though he, too, had no evidence of such.

The state’s obligation for offering proof David was responsible was turned upside down: Instead of them having to offer proof that David had molested his daughter, he was expected to somehow prove he didn’t do it. How do you prove a negative?

Both prosecutors claimed David, a former state trooper, was a cold, calculating, premeditated murderer and molester. If the former police officer was so calculating, wouldn’t he know an autopsy would be conducted, the injuries discovered, and his “secret” revealed?

I also knew and loved Kim, not just as a family member, but also as a wonderfully caring and protective mother. If she would have suspected that Jill was being hurt in any fashion by anyone, David or anybody, she would have reacted quickly and forcefully in protecting her kids. She wouldn’t have remained silent, as some have claimed.

The night before she was killed, Kim spoke with another church member and said she and David were thinking of having another child. That’s not someone who knows her husband is harming their little girl or whose marriage is on the rocks.

The public, as well as the juries, were falsely told that David had molested his little girl and everyone responded with outrage, without really evaluating the facts.

Both convictions have been overturned primarily because David was falsely accused of the heinous crime of molestation without any evidence. The state even admitted there was no evidence of molestation when arguing before the Supreme Court. No evidence.

What did cause Jill’s injuries? I don’t know, but I do know they probably happened at the murder scene as her mother was being violently attacked. We believe they were attacked by Boney, who had a history of violence toward, specifically convictions in 11 attacks on women, at night and mostly during sexual assaults.



Sam Lockhart is the uncle of David Camm and can be reached via e-mail at helpfordavid@ yahoo.com and at the Web site http://justicefordavidcamm.com

  

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