Sept. 12, 2013
LEBANON, Ind. (WDRB) – On Thursday morning, the court prepared to hear testimony from Mala Singh Mattingly, Charles Boney's girlfriend on Sept. 28, 2000 -- the time of the murders. But the day didn't go exactly as planned, and they would instead hear testimony from a dead man.
Mattingly was there. We saw her. She spoke to no one in the media, but she was sitting on one of the hard wooden benches just outside the courtroom.
But shortly after court was gaveled into session – outside of the jury's presence – defense attorney Richard Kammen told Judge Jonathan Dartt about a snag in the proceeding. Earlier this morning, in a private interview the attorneys had with Mattingly, she told them about a handwritten statement she had given investigators in June 2005, when she was first interviewed in the case.
No one knew where that statement was now.
Kammen told the judge that the defense team had never seen the statement, and he said the state's failure to produce the handwritten note violated David Camm's right to due process. He argued that this was not the fault of Special Prosecutor Stan Levco or Boone County Prosecutor Todd Meyer, but the prior prosecution team in Camm's second trial.
Kammen asked the judge to delay Mattingly's testimony until the document had been found, adding, "This is a pretty erratic witness, who is very much a moving target."
Meyer countered that the document may never be found, because there may not be any document, pointing out that Mattingly was "a bit ambiguous as to whether or not she turned anything in." He said she was told to write everything down in order to remember it – not necessarily that she had to submit it to police.
"We don't even know if it exists," Meyer said.
It was decided that the jury should be brought in to hear additional testimony, so they were ushered in. But before they could all be seated, the prosecution team found the handwritten document.
"Ladies and gentlemen of the jury, don't sit down just yet," Judge Dartt said. He then told them apologetically, that the attorneys had a new issue they needed to take up and the jury would have to be escorted out again.
There were some laughs and some smiles, and the jury was then taken out.
"Could you tell them we ARE working in here?" Kammen jokingly asked the judge.
But by 11:00 a.m., no one was joking.
Court resumed – again, without the presence of the jury – and by now, both sides had been given a chance to read the 5-10 page statement written by Mala Singh Mattingly in late June or early July of 2005.
Kammen told Judge Dartt that the note contained "potential bombshell material" that "absolutely should have been disclosed."
"Quite frankly, we don't know what it means," he said, but he added that it raised new questions that both the defense team and the prosecution team would want to ask of Charles Boney.
"The paranoid side of me always wonders what else is out there," he said.
"At a minimum," Kammen said, Mattingly's testimony should be delayed. Levco said the prosecution team was fine with that."
"I agree, we just won't call Mala this morning," he said.
Witness: Jeremy Bullock
Former prison inmate who served 18 years for murder
Before lunch, the jurors heard testimony from an admitted murderer.
Jeremy Bullock, age 36, is a bald man in a goatee, with tattoos on the back of his neck. He testified that he pled guilty to murder in 1995 and was given a 40 year prison sentence. He served 18 years of that sentence, and is now out on probation.
He testified that in the Summer of 2002, he and David Camm were both incarcerated at the Michigan City Prison.
"I saw him on a daily basis," Bullock said.
He said Camm delivered food to the various cell blocks, while Bullock plied his services as a tattoo artist, giving his fellow inmates tattoos when the guards weren't looking.
"Everybody wants to get tattoos when you get locked up, for whatever reason," he said.
He said he even created a tattoo for David Camm: a cross with a crown of thorns around it.
The testimony then turned to the murders.
"Did he tell you that he did it?" Levco asked.
"Yeah," Bullock said.
Why did he do it?
"Really, the reason is there was just issues between him and his wife," Bullock said, adding that Camm told him they were "fighting a lot" and there was "stuff about the kids."
Bullock said Camm told him "there was talk about the marriage being ended" and Camm was worried about "the financial situation he was going to be in."
As for Camm's state of mind, Bullock said he didn't seem to care at all about the fact that his wife and daughter were dead, but he felt differently about Bradley.
"He was really caught up about the way that his son died," Bullock said.
Bullock went on to testify that Camm told him he planned to use basketball at the Georgetown Community Church as an alibi, planning to play the first two games and the last two games to "establish a presence," but leave in between to commit the murders.
Bullock also said Camm told him the type of gun that was used: a hammerless .380.
"Any kind of hammerless weapon is just real scary," Bullock added.
Some time later, Bullock said he called his mom about it, indicating he might need to talk to somebody.
"It bothered me that I was hearing stuff, you know?" he said.
He then said he contacted prosecutors, telling them, "I don't want nothing out of this."
But defense attorney Richard Kammen had his doubts.
"Prison is not a pleasant place," he said. "You eat when they tell you to eat."
"They serve food at certain times," Bullock said.
"You had some troubles in prison, didn't you?" Kammen asked.
"Oh yeah," Bullock replied.
"People in prison thought you were a snitch."
"Not true!" Bullock said.
Kammen pointed out that Bullock had been attacked several times in prison for being a snitch, and that he specifically requested protective custody – something Bullock denied.
Kammen then asked Bullock to recall when the CBS show "48 Hours" aired a special on the David Camm case, and the prison population paid attention.
"You guys are all watching it?" he asked.
"I was watching it," Bullock replied.
At one point during the special, Kammen said, Camm even stood up and shouted, "This is bulls—t! I didn't do it!"
"He made two outbursts," Bullock said.
Kammen then asked Bullock to recall a time in 2004, when he was moved to a different section of the prison with new cell neighbors, one of whom was a man by the name of Michael West.
"You told Michael West that you were really angry that David gets a new trial," Kammen said.
Bullock denied it.
Kammen then asked Bullock to recall words he said to the inmates around his cell, such as "F—k that cop, I'm going home!" Kammen also accused Bullock of telling his fellow inmates that he would say what he say what he needed to say to get out of prison.
"Most of my family is in law enforcement," Bullock said at one point. "I don't talk like that."
"You told police David said he acted alone," Kammen said.
In 2006, Bullock testified for the prosecution in the second David Camm trial.
"Then you got a visit from the good luck fairy!" Kammen said, pointing out that two weeks later, he was moved from a maximum security prison to a different prison with fewer restrictions and greater freedom. He was released in 2012 and is now on probation.
Bullock countered that he had "never seen no good luck fairy."
A few minutes later, the jury submitted questions for Bullock.
Jury questions for Jeremy Bullock
The following is a partial list of jury questions for Jeremy Bullock. Questions and answers are paraphrased.
Question: Did David Camm ever mention why he left the Indiana State police?
Question: How long were Bullock's various tattoo sessions with David Camm?
Answer: It varied from session to session.
Question: if you receive a sentence modification for being a witness in another case, is it noted on any documents?
Answer: No – the deal is worked out ahead of time.
A short time later, Bullock was excused.
Witness: Wayne Niemeyer
Sr. Research Scientist for McCrone Associates
Gunshot Residue Expert
Shortly after lunch, Wayne Niemeyer of McCrone Associates took the stand.
An older man with thick white hair and glasses, Niemeyer described himself as a senior research scientist and analytical microscopist with two bachelors degrees (chemistry and mathematics) who performs gunshot residue analysis.
In most cases, he said, tape lifts from clothing are sent to his office, and they analyze the lifts, obtaining the elemental components of the lifts via a scanning electron microscope.
He testified that in Jan. 2001, he performed tests on items of clothing worn by David Camm on the night of the murders, including Camm's t-shirt, shorts, socks, tennis shoes and a green jacket. He also tested the gray sweatshirt that would ultimately be tied to Charles Boney – Camm's alleged accomplice.
In total, he said he found two particles of gunshot residue on Camm's clothing – specifically one of his socks and the right inside pocket of the shorts.
"The two particles did come from a fired gun, yes," he said.
He added that he can't say for sure how the particles got there. It's possible that they appear there because David Camm fired a gun, or because he was standing next to someone who fired a gun, but those aren't the only explanations for getting gunshot residue on your clothing.
"You can touch an object that has gunshot residue on it," he said.
In addition to gunshot residue, Niemeyer said he found 1,950 brass particles on Camm's shorts.
"When I saw the quantity of brass particles pulled from the shorts, I was quite surprised," Niemeyer said, adding that he had not seen that many pulled from clothing before. He said it could have been caused by, "handling cartridge cases or loading a clip – loading a gun."
But defense attorney Stacy Uliana had other ideas. She pointed out that two particles of gunshot residue on Camm's clothes "does not mean that David Camm shot and killed his family." In fact, she said, it was consistent with his claim that, after discovering that bodies of his family, he reached into the Bronco – now filled with gunshot residue – and pulled out his son, Bradley.
Under Uliana's cross examination, he admitted that he found 69 particles of gunshot residue on the gray sweatshirt (which would later be tied to Charles Boney.)
As for the brass, Uliana pointed out that brass particles can be found on doorknobs, plumbing fixtures and other household items. Niemeyer agreed, but noted, "this is the first time I've run into that many particles from one tape lift."
Niemeyer went on to explain his theory: that because the brass particles were so small, the abrasions creating them had to be very light. He said he believes whoever was wearing the shirt was rubbing brass cartridges – the type used in a gun – together in his hand.
He said that, for him, this was the "most likely scenario."
Uliana asked if there was any reason anyone would need to rub bullets together if they were handed a gun that was already loaded. Niemeyer said there was not.
Witness: Donald Forrester (deceased)
Former prison inmate
Near the end of the day, the attorneys read the 2006 testimony of Donald Forrester, a man who testified in David Camm's second trial. Back then, Forrester had terminal cancer. He has since passed away.
He testified that he was a friend of Camm's in prison, and at 4:00 in the morning, he heard Camm crying. When he asked what was wrong, Camm allegedly told him that he kept hearing his dead son, Bradley, saying, "Daddy, help me! Daddy please help me!"
At the time (in 2006) defense attorneys pointed out that Camm had photos of his family in his cell.
"David Camm would stare at pictures of his family for hours at a time," defense attorney Katharine Liell said in 2006.
"Yes he would," Forrester replied.
Court was adjourned for the week a short time after Forrester's testimony was read. Before we left, Judge Dartt summarized it this way: "It's been a good short week, but long and stressful entirely." He added that he could see the stress on everyone's face, and asked the jurors to go home and enjoy a long weekend.
And as I write this on a laptop (with the battery dying) in a car preparing to make the three-hour drive back to Louisville, I do believe he's right. This has probably been the most eventful week in the trial so far. The jury heard from Charles Boney – the star witness. They saw a demonstration by blood spatter expert Rod Englert. And they even took a field trip to the Lebanon Police Department garage to view the Ford Bronco in and around which the Camm family was murdered.
We spoke with Boone County Prosecutor Todd Meyer as he was leaving a short while ago. He expects the state will rest its case at the end of next week.
Travis K. Kircher is a Web Producer for WDRB News. He can be reached at firstname.lastname@example.org.