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LEBANON, Ind. (WDRB) -- As testimony continued Tuesday after a 2-day break in the third trial of David Camm, the prosecution called Mala Singh Mattingly -- the ex-girlfriend of Charles Boney -- to the stand.
Defense attorneys started by asking Judge Jonathan Dartt for a mistrial based on statements Mattingly made during Camm's second trial. Judge Dartt denied that request and testimony continued.
Camm has been twice convicted of killing his wife, Kim, and their two children, Brad and Jill, in the garage of their Georgetown home in September of 2000, but both convictions were overturned on appeal. He has remained in jail since his arrest, but continues to claim he is innocent.
In January of 2006, Boney was tried separately and convicted of murdering the Camm family. Now serving a 225-year sentence, Boney was a star witness for the prosecution in Camm's current trial. He admitted he was present when Camm's family was murdered, but told jurors he was there to sell Camm a .380 pistol.
Instead, he said Camm opened fire on Kim and the children after they pulled into the garage. According to Boney's testimony, Camm then tried to shoot Boney, but the gun either jammed or ran out of ammunition.
Mattingly was in court the last time it was in session -- Sept. 12 -- and caused a stir when she told prosecutors and defense attorneys about a handwritten statement she had given investigators in June of 2005 when she was first interviewed by police. Neither side was aware of the statement -- and for a short time, no one could find the statement until prosecutors retrieved it.
So prosecutors agreed to delay Singh's testimony until today.
Camm's attorneys argued that the statement is a key piece of evidence that should have been disclosed. Defense attorneys were particularly concerned about part of the statement that says Boney had a picture of a woman named "Kim" -- the same name as Camm's wife.
The prosecution argued that the picture was likely a photo of Boney's ex-wife.
When Mattingly took the stand Tuesday, her testimony differed from what she said during Camm's second trial. When defense attorneys noted that Mattingly's blood was on a sweatshirt found at the murder scene, she explained it by saying she is a diabetic, and has to test herself frequently. She says she could have been wearing Boney's sweatshirt when she was testing herself.
During Camm's second trial, Mattingly blamed her menstrual cycle for the DNA stains.
Mattingly told jurors that Boney had asked her to get a gun for him about a week before the murders.
During her testimony, Mattingly said on the night of the murders, Boney was "hyper" and "sweating profusely" with a scrape on his knee when he came home around midnight on the night of the murders. She also said Boney showed her a gun, and that she became fearful at that point.
According to Mattingly, the next morning Boney asked her to sit down and watch the news coverage of the murders from the night before.
The prosecution's next witness, Detective Darrell Gibson, interviewed Camm -- a former Indiana State Trooper -- not long after he called the State Police Post in Sellersburg to report the murder of his family.
Gibson told jurors that Camm made a lewd joke as nurses were taking DNA samples from him a few days after the murders. According to Gibson, Camm also made another joke, saying he would "come after them" if any evidence implicated him in the murders.
According to Gibson, Camm's jokes continued, and he quoted Camm as saying "This is what you have to do when you kill your wife and kids." Gibson told jurors that at one point during the interview Camm said, "My wife is looking down from heaven, shaking her head that I have to do this."
Gibson testified that Camm also seemed curious about high velocity blood spatter and the blood trail from Kim. He says Camm gave ISP detectives the names of eight people to investigate. Charles Boney's name was not on that list.
Under cross-examination, Camm's attorney, Stacey Uliana, asked Gibson if detectives noticed any bruises on Camm's body as he was undressing and Gibson said they did not.
Also on the stand Tuesday was Ernie Nugent, a former co-worker of Boney's. He testified that he sold a gun to Boney for $100, but said he didn't sell it to him until after the Camm family was murdered.
Special Prosecutor Stan Levco says the prosecution could wrap up its case this week, possibly as soon as Thursday.