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tv   The Last Word With Lawrence O Donnell  MSNBC  December 25, 2019 7:00pm-8:00pm PST

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it was not a sex crime, we had kept saying, well, not everybody targets the same place in sex crimes. >> who is this guy? >> as brainy as ted bundy and as brawny as mike tyson. he's a sociopath. >> when "mystery on lockhart road" continues. >> when "mystert road" continues. most people think of verizon as a reliable phone company. but to businesses, we're a reliable partner. we keep companies ready for what's next. (man) we weave security into their business. (second man) virtualize their operations. (woman) and build ai customer experiences.
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welcome back to "dateline extra." i'm craig melvin. while david camm was serving his 195-year prison sentence, his new attorneys were hard at work trying to get him out. they believed he was innocent and the key to cracking the mystery had to be hidden somewhere in that sweatshirt found at the crime scene. but first, they would have to win an argument on another front. here again is dennis murphy. >> in early 2002, david camm was found guilty of murdering his
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wife and children. stacy ooliana and kitty lyle, the new lawyers handling his appeal, were optimistic. >> it wasn't long odds, in my mind. because it was way over the top. >> what was over the top, they argued, was allowing all those women to testify to the sex, the groping, the come-ons. >> i mean, it was weeks after weeks, woman after woman. >> how is that relevant to what happened on september 28th? >> "jurors, this is a bad guy we got here?" >> absolutely. >> he's a louse of a husband and we're gonna tell you more than that. >> that was intentional, too. >> and guess what? two-years after the guilty verdict, the appeals court agreed: the women should never have been permitted to testify. the conviction was overturned. but the victory was short lived. a new prosecutor announced there would be a second trial. >> after review of the previous evidence and review of some new evidence that has come to light, i've decided to pursue the charges against david camm for the murders of kimberly camm,
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bradley camm, and jill camm. >> with another trial looming, the defense team was intent on bringing sharply into focus a piece of evidence it believed would set david free. the gray sweatshirt, with that unknown male dna. back in 2001, the prosecutor said there had been no match when the dna was run through a national criminal database. but sam lockhart says he approached the new investigators to run it through again. >> they weren't even wanting to talk to me. i wanted to show them the unknown dna, i said, in case this guy had been arrested now and you have new dna on this data bank, would you run this? no, we can't take it. >> then the attorneys tried. they asked the prosecutor. >> we start saying, "please run the dna through the data bank." "please do it," and he refuses. >> the state finally ran the dna three months after sam lockhart first started asking about it. >> and low and behold, we find charles boney. >> charles boney. does this name mean anything to you?
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>> didn't mean a thing. i'd never heard the name before. uh, it was a complete shock to me. >> charles boney. a name that would change everything in the case against david camm. boney. his prison nickname was "backbone": the same name inked in on the sweatshirt's collar. >> who does this guy "boney" turn out to be? >> as brainy as ted bundy and as brawny as mike tyson. he's a sociopath. >> charles boney -- a criminal with a history of violent crimes against women. it began in the 1980's, when he was a student at indiana university. newspapers called him the shoe bandit, and followed his bizarre crimes. there'd been four separate incidents -- his early m.o.? he'd knock a woman to the ground and make off with one of her shoes. >> really creepy stuff like one crime, he wore one of those china doll masks. i mean, like creepy stuff you can't make up. >> the police were onto him. after one arrest, he admitted in effect, that he had a thing for ladies' legs and feet. he pleaded guilty to those crimes, and in time, his attacks became more violent.
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he began threatening women at gunpoint. one incident involved three coeds. >> he had been watching them and one night, just walked into their apartment, held them at gunpoint to their head, took them out, kidnapped them to the car. luckily, somebody saw him with the gun leading the women out, called bloomington police department. >> he pleaded guilty again and was sentenced to 20-years in prison for armed robbery, but was released after serving only seven years. by july 2000, three months before the camm murders, he was out on parole and the defense maintains he still had the old compulsion. >> kim camm fit the profile. >> yes. he has a foot fetish. and, so, when they thought at first that it was not a sex crime, we kept saying, well, not everybody targets the same place in sex crimes. >> kim camm had bruising on her toes. her shoes were on top of the
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bronco. her pants had been removed. and boney's sweatshirt with his dna was at the crime scene. and it turns out, that dna had been in the database three years before the murders. >> it took one hour and one email to find charles boney. that could've been done in 2002, had prosecutor faith done it. >> and you'd think on a case on which, you know, children and a mom are murdered, ambushed in a garage that they would bend over backwards to do it right. >> stan faith was the prosecutor in trial one. >> the defense said, "well, we asked you, the state, the prosecutors to send that out." >> to be balanced, to be tested against a national register of dna, and --. >> i asked the lead investigator to do that. and he said, "we didn't get anything." and that's why --. >> but in fact he hadn't sent it out at all? >> no, i think he sent it out. well, he hadn't sent the proper dna. >> faith says he later learned the detective sent out the wrong dna sample from the sweatshirt.
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mike mcdaniel, david's first defense attorney, isn't buying that. >> i think he's a liar. >> you don't think he ever ran it? >> no, i don't think he ever asked anybody to run it. >> he told you he did? >> yes. >> so when he says that the prosecution is lying. >> lying means that you knowingly -- you tell a falsehood. i didn't tell him a lie. i told him what i thought was true. >> but whatever the truth is, now more than four years later, there was a name to that dna. >> do you allow yourself to think, here we are on our way to case closed, finally? >> absolutely. >> we've got a name -- >> sure. >> we've got genetic, forensic evidence. this is the shooter. >> right, that --. >> -- this is the killer. >> absolutely. >> coming up, a new suspect in the hot seat. >> if anything else links you to it, you're done. stick a fork in you. >> see, that would normally worry me. i wasn't there. >> this intense interrogation. where will it lead? when mystery on lockhart road continues.
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david camm's attorneys were finally able to answer that question when dna evidence linked ex-convict charles boney to the sweatshirt found at the camm family crime scene with what turned out to be his prison nickname scrawled on the tag. but investigators were not sure the discovery took camm off the hook just yet. once again, here's dennis murphy. >> by 2005, david camm had been behind bars for more than four years. >> generally, from september through february were my darkest times of the year. >> you know, the times of the murders. and then you have the holidays and then the kids' birthdays in february. >> did you feel yourself becoming institutionalized? >> i had to, to a degree. and for me, it was a matter of, you know, sitting back and observing and seeing how things operate. so that i could fit in enough, you know, to be okay. you know, i had to lock the real
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me down inside. >> how were his spirits, julie? was he holding on or was he sinking? >> dave would sink only briefly, he would have lows. there'd be times when i'd talk to him and he'd sound really down, but he never stayed there. because he couldn't stay there. you know? staying in that despondency, that hopelessness is excruciating. >> but now there finally seemed to be a break in the case. the unknown male dna on the sweatshirt had been identified as charles boney's. and just two days later, the cops brought boney in and started grilling him on how it ended up on the garage floor. >> that sweatshirt is in the middle of a crime scene of a triple homicide. somehow, that sweatshirt got there, your sweatshirt. you explain to me how it got there. >> i have no idea. >> boney admitted the sweatshirt
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had once been his, but said he'd dumped it in a salvation army dropbox about a month before the murders. >> it shows up at a crime scene. not laundered, not washed. if it would have went though the salvation army drop box that would have been a clean sweatshirt. your dna, chances are probably wouldn't have been on there, but it is. >> i see where you're coming from. >> as for david camm? >> do you know david camm? >> no. >> you ever met david camm? >> no. >> do you remember the murder of david camm's family? >> on television, yes. >> do you know where david camm lives? >> only on television. i don't even know what his address is. >> the interrogation went on for some 12 hours with boney sticking to his story. the detectives released him with a warning. >> make no mistake about it, if anything else links you to it,
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you're done, stick a fork in you. >> now see that would normally worry me. i wasn't there. >> then, two weeks after letting boney walk, there was something else. something big. >> early yesterday morning, i was notified of some additional scientific evidence that linked mr. boney to the homicides. >> the prosecutor revealed that a palm print found on the exterior passenger side of the bronco door frame was left there by none other than charles boney. investigators had been aware of the palm print for more than four years. only now did they know whose it was. boney was hauled back into the interrogation room and the questioning became more confrontational. >> you've got some explaining to do here, charles. your palm print is on that bronco. you're there. now this is the time, this is the place. this is your last stage that you're going to have to tell us what the hell happened there. this is it!
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>> this can't be happening. >> charles! >> after hours of denial, boney changed his story. yes, he did know david camm. they met playing pick up basketball. then in another round of questioning, the story changed, and changed again. finally, boney put himself at the crime scene. >> the reason why i was there was to bring him the gun. >> that night? >> that night. >> boney said david camm asked him to get an untraceable gun. he said that he was a guy caught in the wrong place at the wrong time. >> as events started to unfold in the investigation, it became apparent that this case was intertwined between two people. >> now the prosecutor had a new theory. david camm did not act alone. he had a co-conspirator. the ex cop and the ex-con were each charged with the three killings. david was outraged. he believed he should have been set free. after all, charles boney's signature was all over the scene. >> he attacks women,
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defenseless, innocent women. he takes their shoes, their socks. he holds guns to their heads and threatens to shoot them in the head. you know, all of those things from his previous crimes, this is exactly what happened to kim. why can't they see this stuff? you know, they just turn a blind eye to the facts. >> but the prosecutor had a different set of facts. >> we know that the defense has maintained that this is now the killer, that i should dismiss the charges against david camm, the evidence is not there. >> in january 2006, charles boney and david camm stood trial separately in two different courthouses. while he wasn't accused of being the shooter, boney was found guilty on three counts of murder in the deaths of kim, brad, and jill cam. he was sentenced to 225 years. and the prosecution team rejected any notion that boney acted alone. why? those tiny specks of blood. they were on david's shirt, but not on boney's sweatshirt.
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>> his shirt does not have high velocity blood spatter on it. >> so, a former indiana state trooper is now gonna be a co-conspirator with a felon? >> yeah, makes sense? his story's the only thing you've got that link him to david camm. there's no phone records, no one's ever seen them together. there's no text messages, there's no smoke signals, there's nothing between david camm and charles boney. >> at david camm's second trial, boney was named as the other man at the scene, also charged with the triple murders. otherwise, the case against him was pretty much the same, absent the female witnesses the appeals court had thrown out. and this time the state focused on the allegation that david molested his 5-year-old daughter as a motive for the murders. >> well, the motive was kimberly was leaving david camm and that she was leaving him because of, of the child molesting. and uh he could not let her leave, he could not let that secret out, that was the secret in the camm household. >> the defense countered.
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brought in experts to show there was no solid evidence the little girl had even been molested. >> the state's theory of why david murdered his family was purely made up. it was speculation. >> david camm had never been charged with sexual molestation but that didn't stop the prosecutor from closing his case with a big dramatic flourish. >> he took his finger and stuck it in dave's face and said, "you molested your child." >> the jury took four days to reach its verdict. >> "guilty" on all three counts. we can tell you that david camm has now been convicted of the murder of his wife and the murder of his two kids, brad and jill. >> guilty again. >> guilty again. with the same inflammatory evidence. this was just such a heinous accusation. >> but the saga was far from over. david camm's uncle still refused to retreat. >> so, you go to dave and you say, "we tried." >> yeah, i say, "we're not done, dude." "you gotta hang in there. "we're not done."
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>> they certainly weren't done, but prosecutors were not done, either. coming up -- >> the placement of the sweatshirt led you to believe that dade camm put it there. >> and charles boney, he was just getting started. >> he wants me to deliver a second handgun. >> it was just overwhelming. i've tried a lot of cases over the years with a l, a lot of de penalty cases, a lot of murder cases. i've never tried anything like this. >> when "mystery on lockhart road" continues. when "mystery t road" continues. ♪ ♪ everything your trip needs for everyone you love. expedia. for everyone you love. 1 in 5 people you meet wear yeah. that many!
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i'm kendis gibson with the hour's top stories. clashes between hong kong police and anti-government protests turned violent yet again today. police using pepper spray on hundreds of masked protesters to try to disperse crowds at christmas-decorated shopping malls and nearby streets. and while folks in ft. lauderdale enjoyed a warm and breezy christmas day, there's a big post-holiday storm that's moving across the country bringing snow and ice and possibly leading to some
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post-holiday travel headaches. now back to "nightline." >> welcome back. at his second trial, david kam was once again found guilty of murdering his wife and two children. separately, charles boney was also handed a guilty verdict and sentenced to 225 years in prison as david's co-conspirator. but both cases were far from over. and soon the two convicted men would be in court once again, this time face to face. >>so >> sam lockhart's mission to clear the name of his nephew david continued unabated after camm and charles boney were both convicted of the murders of david's family. >> we've got the killer who killed kim, brad and jill. we finally got that accomplished. now, our next chore, we are still after that. we were still after getting dave camm another trial.
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>> you're back to the appeals court again? >> right. >> all rise. >> the indiana supreme court heard the appeal. attorneys stacy uliana and kitty liell stayed on the case. >> these crimes are also connected to. >> they argued that the evidence that david molested his daughter was pure speculation and should not have been allowed in the trial. >> there's absolutely no evidence at all that camm was the perpetrator of that, right? >> in 2009, the upper court agreed. >> "conviction's reversed." two words. that's all i needed. >> a second victory for the camm team. the conviction was overturned, and the judges ordered a new trial. >> statistically, a successful appeal of a first-degree murder charge is a long shot and yet you got it. >> well, i got it twice. that doesn't happen. doesn't happen. you know, if you don't believe in something bigger then you
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need to really evaluate your spirituality because you know, man, that was a god thing. >> the third david camm murder trial underway now in boone county, indiana. >> in august 2013, more than a dozen years after the murders, david camm faced his third jury. a special prosecutor, stan levco, was appointed to represent the state. >> here you're going to start the third trial. how did you appraise your case when it became yours? >> when i first got it, it was just overwhelming. i've tried a lot of cases over the years, a lot of death penalty cases, murder cases. i've never tried anything like this. i've never seen anything this complicated. >> with no philandering husband, no molesting father what remained was the theory of the crime that david left the basketball game, killed his family, then went back to play some more. once again, the prosecutor argued that the scene in the garage was staged to look like a sex crime. >> and her pants have been removed. >> correct. >> removed after she'd been killed.
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what's more, the positioning of kim's body, he argued, was not what you'd expect of a person who'd been shot and fallen. >> her feet are under the car about, i think roughly ten, 12 inches under the car. her legs were at an angle which seemed unusual. >> unusual how? >> well, they weren't straight. they were at an angle. you just wouldn't expect 'em to be that way. >> and the infamous sweatshirt. the one that once belonged to charles boney was also part of the staging the prosecutor argued. >> the placement of the sweatshirt was incriminating. i thought the way it was put there led you to believe that david camm put it there. >> tucked all too neatly under brad camm's body as though put there on purpose to frame charles boney. remember, no murder weapon was ever found. the heart of the prosecution's case was still that freckling of blood at the bottom of david's shirt. powerful, incriminating evidence.
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it argued marking david as the shooter. >> the little girl was seat belted on this side as you're looking in. >> tom bevel, a blood stain pattern analyst, was an expert witness for the prosecution. in a bronco similar to the one owned by the camms, he demonstrated for us where he believes david was wedged inside the car to get those specks of blood on the bottom of his shirt. >> what's a likely posture for the shooter? >> would've been leaned in somewhat like this in order to get the correct trajectory for her. >> now, i noticed your shooting hand is up pretty high. >> it is. >> is that an awkward shot? >> it's not necessarily awkward, but we have to go with the physical evidence. >> it is what it is. >> and the physical evidence isn't like this. >> but why so few spots? bevel said it's because most of the blowback hit the inside roof of the vehicle. like much of the other evidence, the blood spatter testimony was essentially the same as in the other two trials.
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what would be enormously different this time was the star witness. the jury was going to hear from charles boney himself. a huge risk for prosecutor levco. >> so you gotta wonder how good this witness boney is gonna be for you, right? >> yes. certainly his credibility was gonna be in question. >> why put him on the stand then? >> i felt like i didn't have a choice. if i didn't put him on the stand i suspect they would have but also i thought the jury oughtta hear it. >> this is the story that boney told in court. he said he met david camm in july 2000 playing basketball in a local park. we talked to boney in prison. >> it was just a pickup game of basketball and i didn't know him or, really, anyone there. i just -- i'm fresh out of prison, you know, the scene is different. >> after the game he said camm was bragging, "talking smack" about how easily he'd beaten boney. >> and at that point, i just said, "well, you know, i may have lost the game, but at least i have my freedom." and he's like, "freedom?" i was like, "yeah, i just got out of prison."
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>> david boney continued and then told him he used to be a state trooper. >> at the end of that day, did you know him by name? >> no, i didn't know his full name until our second chance meeting. >> that meeting was in september, boney said, about a week or so before the murders. they ran into each other at a convenience store and got to talking in the parking lot. >> the gist of our conversation was about, "are you employed?" "are you staying out of trouble?" and then, it evolved into, "well, what types of things did you do to get in prison in the first place?" he was creating his own form of intel. he was learning quite a few things about charles boney. >> boney told him he'd been inside for robbery. >> and when i slowly started to let him know about some of the things that i did in the past, he asked me, "well, are you still able to get untraceable weapons?" >> untraceable? >> that's what it led to. a clean gun. >> throwdown gun. >> something that can't be traced by law enforcement and ballistics.
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>> so boney said he scored a handgun the same day, met david again in a parking lot and handed over the weapon. he paid boney $250. but one gun wasn't enough as boney's story goes. >> he wants me to deliver yet a second handgun. and so, i followed mr. camm back to his house, i can see visibly exactly where he lives. >> as boney tells it, they spoke outside the house for just five minutes. boney asked when he should return with the second gun. >> i'm asking this man you know, what time, what time should i be back here?" "well, why don't you come back on thursday at approximately 7:00, etcetera?" so i knew what time to be back. >> so meet me here on thursday night in the evening and you'll have some more cash in your pocket? >> absolutely. >> it was thursday, september 28, the evening of the murders. >> i arrived at mr. camm's house at approximately 7:00. >> he said he handed over the gun to camm wrapped in his gray sweatshirt. >> where's this happening? >> right outside the garage. so we exchanged pleasantries and my sole purpose is to simply get
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the $250 for the second weapon. >> boney says after a few minutes in the bronco, the wife and kids arrived and pulled into the garage. >> and what happens? >> i hear a little bit of commotion. it just sounds like something's not right. it sounds like they're arguing. and then, all of a sudden, i hear an immediate pop. and before i heard the "pop", i heard her say, "no," and it was -- a commanding, "no," like, "stop," and then, i heard a pop. then i heard the word, "daddy." >> two more pops followed. >> did you know what that was? >> it sounded like a handgun. >> so, what'd ya think? >> i'm thinking that there's -- this is a crime scene. >> so do you say, i've got to get out of here? >> i would have liked to have just left, but as he emerged from the garage and pointed the handgun at me, i was frozen. >> oh, so now you're a target? >> absolutely. so he needs to kill charles boney. >> but the gun jammed. >> at that point, reason says, "i'm outta here." >> well, the thing is once i
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realize that your gun doesn't have projectiles in it, now my job is to get you. >> you're goin' for him. >> absolutely. >> now, as boney tells it, the scene moved into the garage. >> as i go into the garage, i'm chasing after mr. camm. i heard him say, "you did this." and i took that as, "this is your crime." >> as camm went inside the house, boney says he saw the victims. the wife down by the car door. he remembers her being fully clothed. then he says he stumbled. >> i trip over shoes. i remember touching these shoes. i clearly touched something that is now a part of what will be a murder scene. so yeah, i did pick 'em up, i did try to wipe 'em off. >> kim's shoes. he placed them on top of the bronco. then he looked inside the vehicle and says he saw the two children. mindful of leaving dna and
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prints, he said he touched none of the bodies. then he says he heard david moving inside the house. >> and it clicked into my head, "he's goin' for a weapon." i mean, this guy is a former indiana state trooper. >> at which point he bolted from the scene. >> had i stayed there any longer, there's no doubt he would have killed me and he would have just lied and said to his buddies at the indiana state police, "i came home and i found this black guy." >> after listening to boney testify, the defense was ready to pounce. >> that's his story. and it makes absolutely no sense. but it explains away all the evidence that they had against him, at the time. but what boney didn't account for was the dna that was gonna be found and he has no story for that. coming up -- >> bone new dna evidence. boney's story was, of course, i ran in, did this, never touched anybody, clearly not true. >> new dna evidence. he absolutely fought with camm. he touched jill. >> what will charles boney have
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to say now? >> did you do that? charles boney, did you kill that family? >> when "mystery on lockhart road" continues. "mystery on loct road" continues. thousands of women with metastatic breast cancer, which is breast cancer that has spread to other parts of the body, are living in the moment and taking ibrance. ibrance with an aromatase inhibitor is for postmenopausal women or for men with hr+/her2- metastatic breast cancer, as the first hormonal based therapy. ibrance plus letrozole significantly delayed disease progression versus letrozole, and shrank tumors in over half of patients. patients taking ibrance can develop low white blood cell counts which may cause serious infections that can lead to death. ibrance may cause severe inflammation of the lungs that can lead to death. tell your doctor right away if you have new or worsening symptoms, including trouble breathing, shortness of breath, cough, or chest pain. before taking ibrance, tell your doctor if you have fever, chills, or other signs of infection, liver or kidney problems, are pregnant, breastfeeding, or plan to become pregnant. common side effects include low red blood cell
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the case against david camm, the defense argued, was as preposterous this time around as it was before. who could possibly buy the prosecution's overly complicated theory that david left the basketball game to kill his family? >> there is absolutely no way he could have left that gym. you have to believe that he knew when he was going to get to sit out. he timed it perfectly and so it'd be right at the time he was going to meet charles boney and murder his family. it is beyond belief what he would have had to have put in place, in order for this alibi to have worked. >> i mean, this sounds like a "commandos, synchronize your watches" kind of scenario. >> it's absurd. there's absolutely no commonsense way he could have pulled it off.
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>> and camm had a solid alibi. eleven men had seen him playing basketball from a little after seven to about nine-twenty that night. there was no one to support any part of the story boney had just told. >> there is not one shred of evidence that puts those two people together. >> reporter: richard kammen was a new face on the defense team. >> and the reason there's nothing there is 'cause it didn't happen. >> reporter: the defense insisted boney was the sole killer in the garage that night and that back in 2000, investigators ignored evidence pointing to the convicted felon. to make that point, the defense called damon fay, a veteran homicide detective who now trains police in how to conduct murder investigations. >> i don't like testifying against other cops. i'm very uncomfortable with it. >> fay recited flaw after flaw in the camm investigation. the most significant, he said was the handling of boney's sweatshirt. >> when a homicide detective actually gets some physical evidence that it's got somebody's name on it and dna, you hug it, you love it.
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it is such a rare event. and they thought of it as an artifact. >> which in non-legal terms means "move on, forget about it." this is nothing. >> well, that's right. it would have changed everything. first of all, within two weeks tops, they would have had boney. >> and fay pointed out other blunders as well. the heavy reliance on the blood spattered t-shirt. >> that is the physical evidence against david camm. >> of all of the crime scene possibilities, the most misinterpreted is blood spatter. you don't hang the entire case just on the interpretation of blood splatter. you've gotta have so much more. >> the theory of a staged sex crime was flat out wrong. >> they really never probed out the fact that it could be a voyeur or somebody with a panty fetish, or somebody who has just sexually excited at the view of a woman's legs. >> someone, say, who fit the profile of charles boney. >> big problem, because the suspect that they don't know about, and won't know about for
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about five years has complete personality reflected in that crime scene up to the point of how kim was found. >> and remember a boney palmprint had also been found on the bronco. more evidence, the defense said that he was the killer. >> so here we have a 90's era ford bronco. defense expert eugene liscio, an engineer who reconstructs crime scenes showed us how the palm print would have been left by the shooter. >> it really is just as simple as reaching into the vehicle like this to make a shot for jill and then for bradley you would lean over a bit more and fire a shot this way. >> i noticed that you braced yourself. >> yeah. >> here and this is where crime scene techs find a palm print. >> yes they did, they found a palm print up in this particular area. but it makes perfect sense that if you're leaning in you want to be able stabilize yourself, especially if you're making a shot. >> reporter: and now the defense had fresh scientific evidence that boney actually put his hands on two of the victims. >> boney's story, of course, was "i ran in." "i -- i did this." "i never touched anybody."
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clearly not true. >> there is something in the field of dna analysis called "touch dna." # lab experts use human cells to make an identifying hit on a suspect. touch dna from boney's skin cells was found on kim camm's sweater, her underwear, and on her daughter, jill's, shirt. >> the dna conclusively proves that he absolutely fought with kim, that he touched jill. >> and the defense hoped its cross examination of boney would be still more proof. camm had to steel himself to watch boney on the stand. >> you're looking at him. >> right. there was no way for me to actually prepare myself for that. and it was a situation where i really had to think about what was at stake. and doing what was right in that moment. having to sit and there and look at this guy that i knew killed my family and not react.
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>> reporter: the defense said boney's story was absurd. for starters, why would an ex-cop ask an ex-con for a gun? 33 >> the police officer doesn't think, "well, how can i trust this guy?" "he's a criminal." and the guy who just got out of prison doesn't smell a rat. he doesn't think, "maybe i'm being set up?" it makes absolutely no sense. >> the defense took on boney's story in cross examination. we had some of the same questions when we spoke to him. >> how many versions did it take to get to the story you just told, charles? what, three, four, five times, maybe? >> yes. i finally realized that the more i keep lying, i'm just digging myself deeper and deeper." "i'm not gonna get out of it." "and when i did finally start telling the truth about things, i didn't feel comfortable revealing too much too soon, because i didn't want to be a part of the case to begin with. so once again i resorted to telling a lot of stories. >> the big picture here, charles, is for a lot of people, it sounds like a crock.
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that a felon, just out of the slammer would hook up with a recently retired state police officer and do this gun exchange. it just doesn't seem to make sense. it doesn't pass the sniff test. >> there's a lot of things about this case that doesn't make sense. >> if i were you i would have alarms going off inside my head. here you are, on probation, how do you know that this former cop is really a former cop and he's not setting you with a sting? >> although that did cross my mind and i had concerns about it, there was something about him -- if you've spent anytime with mr. camm, he has a way of putting you at ease. he has a way of making you feel like he's legit and everything's okay. and plus i didn't care what the gun was for. >> you've provided this former trooper with weapons, he was on a special weapons team with the indiana state police. >> he was s.w.a.t. >> so theoretically here, this premeditated crime, he's gonna trust a handgun that's come off the street that he hasn't checked out, he's just unwrapped it from the sweatshirt and immediately used it for his business. >> well, it was. it was the gun.
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those are questions that i can't possibly answer. why did he want me there at the crime scene? we know why, because he wanted me to take the blame for all of this. >> so as boney tells it, the transaction happens, he delivers the gun, hears the gunfire in the garage, and then david tries to shoot him. >> why don't you just belt right outta there? >> if you point a weapon at me, even on a prison level. if a guy comes at me with a shank, i'm gonna get that shank from him and then it's my turn; it's that simple. >> i'm just gonna put it out there, i can't get into any trouble, my intent was to kill david camm that day. you tried to kill me and now i'm gonna kill you. but before i had a chance to kill him, i stumbled across this beautiful woman, dead, lifeless on the ground. >> then, boney said, he stumbled over the woman's shoes, and took the time to place them on top of the bronco. >> but then you're down on the floor, the way you tell it. you've tripped --. >> yeah, i did. i tripped over the shoes.
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>> and then your emotions are going wild, this guy's tried to kill ya, you're in a crime scene, you're gonna stop, we have to believe that you could say, "oh, shoes, i gotta put these now on top of the vehicle." charles, doesn't make any sense. doesn't make any sense. >> no, no, no, see, here's the thing, i'm wiping the shoes off and i see one little leg or something hanging out the passenger side. i go to investigate to see if there's anyone else in the back of the vehicle. and when i leaned into look, i put the shoes on top. i don't even remember doing it. >> doesn't remember doing it and he says doesn't know why. >> i wasn't thinking about why i did that, but i was cognizant and really thinking about the dna or possible fingerprints from having tripped and touched those shoes. >> but you know, that palm print, charles, is just where you would brace yourself to lean across to shoot at that little boy. >> that's according to defense expert witnesses. you gotta understand, the prosecution has that same evidence, they don't see it that way. >> but what i'm saying is, if you're so concerned about tidying up why would you be so
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clumsy as to leave a big ol' hand print on the vehicle? >> i -- i leaned in to check on the children, what i seen there was horrifying. i'm not worried about that palm print, i didn't even realize i left a palm print. do you think that if i had have known i wouldn't have taken the time to wipe it off? i wanted to just get out of there. >> did you touch any of the victims, charles? >> no, i did not. >> so how does he explain his touch dna on kim and jill camm's clothes? >> i've touched david camm, we've shook hands, and he handled my sweatshirt. my skin cells are clearly on him. so anything that he touches can be transferred. >> while the defense couldn't tell the jury about boney's past, the foot fetish and the armed robberies, we knew the record and asked him about it. >> when people understand your criminal history, the fetishes, what happened in that garage seems to sit your appetites. this is this guy's history just played out on a violent scale that he'd never been through before. >> well, first of all, my history does not consist of killing women, shooting people period.
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i've not ever had anything like that in my past. yes, i've been in possession of handguns. yes, when i was 20 years old, i did some armed robberies for cash. >> charles, let me put this to you directly, were you in the garage that night with a gun in your hand, taking car bomb of kim camm? >> no, sir. >> kids started to cry, i told you to shut up, shoot the wife when she comes after you? >> richard kammen's theory is totally wrong, it never happened. >> in your panic, forget the sweatshirt, forget about trophies of the shoes that maybe you were gonna take later, but for the first time this sex fetish itch that you have has gotten totally out of control and you've massacred a family. did you do that? charles boney, did you kill that family? >> no, sir. in fact, that's the most ridiculous thing i've ever heard, a guy with a foot fetish kills an entire family just to satisfy his foot fetish in a place where he's never been before? it never happened. >> what are you hoping the jury hears today? >> i have no comment, sir. >> with boney as the wild card,
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david camm's third trial came to an end after nine weeks. >> it's over. right now, just waiting for the verdict. would the jury believe the tale they'd heard? the felon duped into a crime scene by the ex cop? scene by the ex con? for the third time in thirteen-years, his fate was in their hands. >> coming up -- >> i was scared to death. i literally could not button my shirt or fix my tie and my collar and so on. and the deputies had to help me. >> verdict number three. would anyone dare predict what this one would be? >> everybody kind of had that same feeling, but none of us had the nerve to utter it. >> when "mystery on lockhart road" continues. along with support, chantix is proven to help you quit. with chantix you can keep smoking at first and ease into quitting so when the day arrives, you'll be more ready to kiss cigarettes goodbye. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. stop chantix and get help right away if you have changes in behavior or thinking,
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fights gingivitis and plaque and prevents gum disease for 24 hours. so you can... breathe easy, there's therabreath at walmart. what are you doing back there, junior? since we're obviously lost, i'm rescheduling my xfinity customer service appointment. ah, relax. i got this. which gps are you using anyway? a little something called instinct. been using it for years. yeah, that's what i'm afraid of. he knows exactly where we're going. my whole body is a compass. oh boy...
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the my account app makes today's xfinity customer service simple, easy, awesome. not my thing. welcome back. charles boney admitted he was at the scene of the triple murder of kim camm and her three kids
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but said it was her husband david camm who was the trigger man. the defense argued that david camm had an airtight alibi and boney's dna was all over the crime scene. it had been 13 years, and now a divided courtroom held their collective breaths. >> reporter: the jury in david camm's third trial had the case. for two families there was nothing to do but wait. the renns, kim's parents, wanted nothing more than to hear the word guilty again. the new evidence had not changed their minds. you believe david killed your daughter and the kids? >> yes. that will never change. >> why isn't boney's presence enough to explain everything that happened in that garage? >> it just didn't. there's just too many other things. >> there's too many stories been told on both sides and, you know, i don't believe neither one of them are telling the truth. >> we have gotten word that a verdict has been reached. >> reporter: the jury took ten
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hours to reach a verdict. >> i said, "well, it has to be guilty." i mean, i wasn't expecting anything but guilty. >> reporter: prosecutor stan levco's glass was half-full or better. >> i thought we had a decent chance. i thought it could go either way. but i thought the trial went really well. >> reporter: but kim's mom was worried. >> i was scared because ten-week trial and you're only out ten hours. and i had a really bad feeling from the beginning that it was going to be not guilty. >> reporter: david, in a holding cell, got ready, shaking violently. >> i literally could not fix, button my shirt or fix my tie and my collar and so on. the deputies had to help me. >> reporter: his family, the lockharts, were heartened by a relatively fast deliberation. >> everybody kind of had that same feeling of this might be good. but none of us had the nerve to utter it. you know it. because you don't want to say that. because the hurt, the pain when they say guilty is so devastating.
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>> reporter: julie was breathless, waiting for just one tiny word. >> i'd been kind of trying to practice in my head, what will it sound like to hear the word "not"? not. you know, we had always heard guilty. so i'd kind of just fantasized about hearing that word. >> reporter: and that's exactly what she and everybody else in the courtroom heard that day. the word "not." as in "not guilty." once, twice, three times. >> you hear the first one and then you hear the second one and you're praying to god you hear the third one. and that's when i lost it, you know. knowing finally. finally the truth has prevailed. justice for kim and brad and jill, for me, for my family. and i just fell to pieces. >> reporter: not guilty. >> not guilty. >> reporter: thirteen years. >> times three. yes, sir. thirteen years. thirteen years of hell. >> everybody around me, i
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looked, was crying. dave was bawling. i just sat there. i think i was finally, "sam, we've got this thing done. finally." >> reporter: for the other side, the parents, the grandparents, the verdict was a devastating blow. >> when they said "not guilty," that kind of like, ripped my heart out right there. i mean, like, this can't -- this can't be right. what did these jurors see that the other 24 jurors in the past didn't see? you know, he was convicted twice by 24 different people and these 12 people seen something that they didn't see? >> david, can you tell me how you're feeling right now? >> reporter: outside, the cameras were waiting. >> this is complete vindication after 13 horrific years. >> this is a miracle. my situation is a miracle that we are here, conducting this interview right now.
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it -- god literally had to move a mountain to make this happen. >> reporter: but that mountain would never have moved without dedicated attorneys and uncle sam lockhart. >> there had been a lot of people saying the only reason i'm doing this is because dave's my nephew. well, that's a big reason. absolutely. but i know he's innocent. he didn't do it. and the only thing i knew to do then was to continue to fight until we reached the solution that was proper. >> reporter: finally, the david camm case, one that had dominated the news in southern indiana for years, was over. your name will be clean again. but, you know, there are still going to be people that are going to point at you and whisper and say, "that's the guy that got away with killing his family." >> you know what? i can't help those -- those people. if they choose to be ignorant, that's on them. i've had 13 years of my life taken away from me. and it's their problem if they choose to be ignorant. and it is a choice. >> reporter: for those who knew and loved kim, brad, and jill, there remains a yearning to know
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what might have been. for the wife and mother. for the two young children. >> no telling what kim might have been. where she could have been. what the kids have been doing. we lost all that. dave lost all that. >> reporter: david camm says he'll never get over the pain of what happened in the garage that night. >> the pain becomes a part of you. and you live with it. and it's an element of who i am, you know? and, you know, how i live my life. >> reporter: on the day of the verdict, as a security precaution, sheriff's deputies drove david to a pre-arranged truck stop and turned him over to his waiting uncle sam. >> that was the moment he was really free, wasn't it? >> think so. i think it finally hit him and it hit me. like, this guy is no longer in shackles. this guy is with me. he is now ready to go start his life. >> it's me and one man, leaving together, heading home.
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>> that's all for this edition of "dateline extra." i'm craig melvin. thank you for watching. he's almost like a marvel comic book arch villain. he's bright. he's clever. evil as can be. >> on a beautiful, sprawling farm, seeds of danger. >> we heard this big explosion. he's just laying on the ground. >> this loving father of three, the farm's heart and soul, killed in a ball of fire. >> they were saying it wasn't an accident. >> our assumption was it was a