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LEBANON, Ind. (WDRB) -- A former Indiana State Police crime scene technical supervisor showed graphic photos and video on Thursday of the crime scene in which David Camm's family was murdered.
As James Niemeyer testified about the evidence, David Camm reached for tissues and appeared to cry. Frank Renn, father of murder victim Kim Camm, kept his head down the entire time and would not look at the photos or videos.
Earlier in the day, the prosecution moved for a mistrial, but that motion was denied. The request came about after the defense made its opening statements, in which defense attorney Richard Kammen referred to Charles Boney's foot fetish. Boney was convicted in the murder of Camm's family in 2006.
Prosecutor Stan Levco objected, and both attorneys spoke to the judge at the bench. After a discussion, the judge ordered the jury to disregard the statement about the foot fetish.
After opening statements were completed and the jury left for lunch, Levco moved for a mistrial. "I think it's outrageous that he brought up the foot fetish," he said, referring to Kammen. He continued, "I just want to express my extreme disappointment with what he said in his opening statement."
For his part, Kammen argued that he had a right to mention the foot fetish after Levco mentioned that the Camm murders could have been a sexual attack. He said, "That opened the door for that."
Judge Jonathan Dartt responded, "I disagree. That is clearly out of bounds." He said what happened could possibly result in a mistrial and told Kammen, "You could be looking at sanctions, sir." He added, "The line of opening statements was definitely crossed by the defense this morning."
Camm arrived at court in Lebanon, Indiana around 8:45 a.m., about 15 minutes before opening statements were scheduled to begin. National and local media outlets from across the country are covering the trial, and dozens of cameras were trained on Camm as he made his way into the courtroom.
Prosecutor Stan Levco said the case against Camm rested on nine specks of blood on the t-shirt he was wearing the night of the crimes. He said it was "blowback" from a gunshot.
Levco said Camm's wife Kim was "ambushed" was ambushed in the garage by her husband, who fired a single gunshot to her head. He added that Camm also murdered his two children with a single shot each.
Camm's attorneys are expected to protest that blood spatter evidence vigorously. It's also expected that evidence will be the centerpiece of the trial. The defense will challenge the test results and the credibility of expert witnesses.
It's also expected the defense will point a finger at Charles Boney, the man convicted of those murders in 2006. He has admitted being on the scene in Georgetown, but has denied pulling the trigger. "His DNA is on Jill," David Camm's brother Donnie said on Thursday. "His palm prints, everything, is there, that's what we said all along. If he had nothing to do with it, how did his DNA get on Kim's underwear?"
"Well, I guess I was eager to hear what their new was going to be," said Julie Blankenbaker, David Camm's sister. "Their story has changed so many times over these 13 years. Really, that was a big interest for me here today. What story are they selling today?"
David Camm's side was also critical of the initial police investigation, calling it inept, since evidence implicating Boney was overlooked. Prosecutor Levco admitted some mistakes in that investigation, but also called it "thorough."
The prosecution says it could finish its side of the trial on Sept. 3 at the earliest. That could make for a six to eight week trial.
Camm, a former Indiana State Trooper, has been twice convicted of killing his wife, Kim, and their two children, Brad and Jill, in the garage of their Georgetown home on September 28, 2000. Both convictions were overturned by higher courts.
Camm and his family have continued to deny he has anything to do with the murders, and claimed another person killed his family. DNA evidence from a sweatshirt at the murder scene later linked Charles Boney, an ex-convict, to the killings.
Boney was arrested in 2005. He was tried and convicted in 2006, and was sentenced to 225 years. Camm was tried separately and found guilty a second time, but that conviction was overturned.
Camm has remained in custody since being charged; now a jury of eight women and four men will determine his fate for a third time in 13 years.