Oct. 4, 2013
LEBANON, Ind. (WDRB) -- Sometimes the most interesting parts of a trial are the parts the jury never hears.
I've noticed that's been the case in this trial. Assuming the jurors have obeyed Judge Jonathan Dartt's orders and have not been reading media accounts of this case (and if you're a juror and you're reading this right now, then shame on you), there's a lot they don't know.
For example, the jury never heard Special Prosecutor Stan Levco angrily demand a mistrial after defense attorney Richard Kammen mentioned Charles Boney's foot fetish in opening statements. Likewise, they didn't hear the defense team similarly argue for a mistrial when they were unable to find a handwritten statement Mala Singh Mattingly, Charles Boney's ex-girlfriend, gave police in 2005.
There's an entire cross examination of Charles Boney that the jury was completely absent for.
And today, one of the most interesting witnesses was the one the jury never laid eyes on: Mike McDaniel, David Camm's defense attorney in 2002, during his first trial.
Court was gaveled into session Friday morning at 9:06. But before the jury was brought in, Special Prosecutor Stan Levco had a problem he wanted resolved.
Levco said he had learned of defense attorney Richard Kammen's plan to call Mike McDaniel, David Camm's defense attorney during his first trial in 2002, to the stand later this afternoon.
Levco argued that McDaniels' testimony was irrelevant.
"We're not re-trying the first trial," he said.
Kammen told Judge Dartt that his reason for calling McDaniel was to have him testify about a series of conversations he had with former Floyd County Prosecutor Stan Faith -- the prosecutor in David Camm's first trial -- regarding whether or not the "unknown DNA" found on the infamous gray sweatshirt had ever been run through CODIS, the FBI's national DNA database.
"I don't know how he's going to get into a conversation with Stan Faith, without it being heresay," Levco said.
But Kammen was insistent that McDaniels testify, arguing that his insight into "the misrepresentations of Mr. Faith" was important.
"There was profound prosecutorial misconduct," Kammen said.
"The state has already admitted that it was a mistake not to send it to CODIS," Kammen said. "It was far, far more than a mistake."
"Mr. Faith made a calculated decision not to send this to CODIS," he added.
Judge Dartt tabled the discussion, agreeing to make a decision during the next recess.
The jury was brought in at 9:17.
Witness: Philip Lockhart
Son of Sam Lockhart, Cousin of David Camm
Basketball player on the night of Sept. 28, 2000
The first witness of the morning was Philip Lockhart, David Camm's cousin and the son of Sam Lockhart. Wearing a dark sportcoat and tie -- along with blue jeans -- the 35-year-old Lockhart took the stand.
He told the jury that he currently works as president of United Dynamics. He said his father owns 100 percent of the company, but is retired.
Philip Lockhart said he has been married for almost 10 years, and has two children: an 8-year-old son and a 5-year-old daughter.
"I coach just about every sport that they play," he said.
Is he close to his cousin, David Camm?
"We were close," he said.
"Obviously the last 13 years have been complicated," said Kammen.
Lockhart said that was correct, and told Kammen he'd been visiting Camm in prison.
He testified that on Sept. 28, 2000, he was 22 years old, and a senior majoring in building construction management at Purdue University. But that morning -- a Thursday morning -- he was ready to come home.
"In college, Wednesday nights -- that's kind of the beginning of the weekend," he said, to much laughter. He added that the night before, he had been "partaking" in some of the "weekend" festivities.
"Oh come on now," Kammen said. "Don't sugarcoat it. You got drunk."
"I got drunk," Lockhart admitted.
He said that on Sept. 28, 2000, he slept in until about 12:30 p.m. He then told the jury that he woke up with a hangover and decided to drive home to Georgetown. On the way, he called Jeff Lockhart to see if any basketball players would be headed to the Georgetown Community Church gym that evening.
"I didn't know if they would be playing that night," he said, adding that he was told there would be plenty of room for him to play.
He told the jury that he arrived at the gymnasium shortly after 7 p.m., and everyone got ready to play a game of 5-on-5.
"Dave was one of the 10," he said, though he later admitted that he couldn't remember if Camm was on his team or not.
Later on, he said, Sam Lockhart entered the gym.
"We were playing a game when he arrived," Philip Lockhart testified. He said he specifically remembered seeing his father playing with a basketball, be because he had on some teal green shorts.
"They were ugly," he said.
"Let's be clear," Kammen said. "You're not spending all your time watching your dad, are you?"
"No, I'm not, " Philip Lockhart said.
He said there was no rhyme or reason to the players who would show up on any given night.
Were they fast?
"Some were and some weren't," he said. "There was a big difference there...I was not moving fast. I was hung over."
"At some point, does your dad substitute for Dave?" Kammen asked.
"That is correct," Philip Lockhart replied.
Lockhart said during the time David Camm sat out of the game, he saw him sitting next to Tom Jolly on the sidelines, and later, walking back and forth along the sidelines. Recalling that Camm had told him he was going to run and get his heart rate up, Lockhart said he ribbed his cousin.
"I said, 'Yeah, you're really running there, buddy,'" Lockhart said.
"What was he doing?" Kammen asked.
"He was walking," Philip Lockhart replied.
When they were done playing basketball, Lockhart said everyone left the gym. As he was driving, he said he saw David Camm driving behind him in his United Dynamics truck.
"We had a common love of Nascar racing," he said. "We drag-raced out of the church."
Lockhart said he estimated David Camm's home was about 2.5 miles from the church, and that it would take anywhere from 4-5 minutes for David Camm to drive home.
Meanwhile, Lockhart said he made his way to his parents' home, where he lived when he wasn't at school.
"When I got home, I opened the garage door, and I walked into the house," he said, his voice shaking. "By the time I got to the kitchen, I knew something was wrong."
He said he saw his father, Sam Lockhart, who was frantic.
"He said, 'Come on, we gotta go! Come on, we gotta go! Something's happened at Paw-paw's house!'" Philip Lockhart testified, breaking down on the stand. "Dad says go, I go."
During the testimony, Sam Lockhart could be seen crying in the first row of the observers' gallery. Gary Dunn -- an investigator for the defense -- was also in tears.
Philip Lockhart described how he and his father drove to the murder scene.
"It was a very fast ride," he said. "Over 100 mph on the highway, passing cars in the emergency lane."
"On the way over, we had a conversation," he said. "We didn't know exactly what happened."
He said they were convinced something had happened at the home of Philip's grandfather, which was across the street from the Camms' residence. Philip said his father had been on the phone with Nelson Lockhart, when he heard screams and Nelson told him to come quick, before hanging up the phone.
"So we pull in," Philip Lockhart said, now sobbing. "As he shined his lights down, I look over to Dave's house, which is to the right."
Philip testified that he immediately knew the scene was at the Camm residence, not at his grandfather's house.
"I ran over there," he said. "The closer I got, the more I knew something bad had happened, because nobody was doing anything."
He said he saw his cousin.
"Dave had his hands on the tailgate with his head down," he said.
Then, he told the jury he caught sight of his uncle, Nelson Lockhart's, face.
"It was a blank stare," he said. "I could see a tear coming down. He didn't say anything. I didn't ask anything."
"Did you look in the garage?" Kammen asked.
"Yes," Philip Lockhart sobbed. He said he first saw the body of Kim Camm on the floor of the garage, near the Ford Bronco.
"At first I thought it was Jill," he said. "Then I saw Brad. I knew it was Brad."
"My first thought was there had been a freak accident -- that Kim had accidentally run over Jill and Brad," he said.
Then he began asking where Kim Camm was. That's when, he said, Nelson Lockhart replied, "What do you mean where's Kim? She's right there. She's been shot, too."
Philip Lockhart said he stayed at David Camm's house until about 3 a.m.
"There were times that he would cry," he said of Camm. "There were times when he would not cry."
At one point, he said Camm, "fell to the ground and let out a loud scream. I can't describe it."
Kammen took him again to the basketball game he said he had been playing hours earlier. Did he ever see David Camm leave the gym that night?
"No I did not," he said.
Did he ever see Camm return to the gym that night?
"No I did not."
What about blood on his shirt? Did he ever see blood on David Camm's t-shirt while he was playing basketball?
Moments later, Boone County Prosecutor Todd Meyer cross-examined Lockhart.
Was Lockhart close to his cousin, David Camm?
"We were close once I got into college -- but there's an age difference there," Lockhart said. "We played golf and went to some Nascar races together."
Was Lockhart a supporter of Camm?
"Absolutely," he replied.
Did Philip Lockhart recall that David Camm told the players he had to leave the basketball game?
"Yeah, he said he needed to get home," Lockhart said, recalling that Camm told them his wife was going to be upset about him getting home so late.
Upon questioning, Lockhart admitted that the only times he saw Camm during the game he sat out, was when he was stretching on the sidelines and talking to Tom Jolly. Lockhart admitted he couldn't account for Camm's actions between those two points.
But he later summed up his own testimony with this:
"I was with him that night, and I know he did not do it [commit the murders] at the time he was with me."
Witness: Eric Minzenberger
Basketball player on the night of Sept. 28, 2000
Moments later, Eric Minzenberger took the stand.
A relative of David Camm's through marriage (he's married to the daughter of Sam Lockhart, David Camm's uncle), Minzenberger works at United Dynamics as the vice president for the commercial division.
How would he describe the Lockhart family?
"It's a big family," he said. "The Lockhart family is a little overwhelming."
He added that, "They all care for one another. They all look out for one another."
He told the jury he himself wasn't supposed to play basketball at the Georgetown Community Church gym on Sept. 28, 2000. He had a business meeting set up in Lebanon Junction, but it was canceled, and he showed up at the last minute.
He said he arrived at the gym sometime around 7 p.m. And he knew what player number he was.
"I was 10," he said. "Because we could play now. We had even teams."
Sam Lockhart was there. What kind of player was he?
"Dirty!" Minzenberger said, to much laughter. "He had a lot of problems with his feet. He still liked to play, but he wasn't moving very fast."
He said he remembered David Camm sitting out a game, and was stretching on the sidelines.
"He was trying to stay loose," Minzenberger said, noting that he ribbed him and called him an old man. "I was giving him a hard way to go."
Minzenberger said he recalled Tom Jolly, a leader in the church, being there too.
"He was watching us play," Minzenberger said. "He's a pretty outgoing guy. I think he's a salesman, or was a salesman at one time."
Defense attorney Stacy Uliana asked if there was any doubt that David Camm remained in the gymnasium during the time he sat out a game. Minzenberger said no. She asked Minzenberger if he saw any blood on Camm. He said no.
How did Minzenberger find out about the murders?
"Um...hold on..." Minzenberger said, his voice faltering. "My mother-in-law called our house. She said, 'Please come get me!' She was somewhat hysterical on the phone."
Minzenberger said his mother-in-law (Sam Lockhart's wife) told him that something bad had happened at the Camms' house and she wanted him to pick her up and take her there.
"I got there as fast as I could," he said. "It was non-stop police cars."
"I had no idea what was going on," he added.
Uliana asked him about the frustrations the basketball witnesses have had trying to get the public to believe what they say about David Camm's innocence.
"I can only share what I know," he said. "I can't explain what I don't know."
He added that, "I wish there was a camera in the gymnasium that night," so that it could "validate" what the basketball witnesses have been saying.
Minzenberger said that shortly after David Camm was arrested, he would be pelted with questions from strangers about the basketball game -- sometimes as many as six times a day.
"It wasn't always pleasant, was it?" Uliana asked.
"My wife and I -- we've been called liars," he said. "It's changed my life...it's not something I'd wish on anybody."
He explained that after the arrest, he went to the library to research blood stain pattern analysis, to find out what the investigators in the case were talking about.
"I didn't want to go in with blinders, so to speak," he said.
But Boone County Prosecutor Todd Meyer seized on that.
"You're confident that David sat out of the second game?" Meyer asked.
"Yes sir," Minzenberger said.
There's no doubt that David Camm never left the gymnasium during that game?
"Correct," Minzenberger replied.
Then why did Minzenberger feel the need to do research to confirm for himself that David Camm was innocent?
Minzenberger replied that during the first trial, the prosecution's theory was that Camm killed his family after playing basketball.
He was excused a short time later.
Patience wearing thin
After a brief recess, Judge Jonathan Dartt informed the attorneys that he had made a decision regarding the testimony of Mike McDaniel: he would not allow it. He said it lacked relevance because there is a new prosecution team for this trial.
Kammen was indignant. He said the testimony was relevant because the prosecutors were "attempting to create a false picture of what occurred" in the first trial. He said they wanted to paint the failure to link the grey sweatshirt to Charles Boney as a mistake.
"It wasn't a mistake," he said. "It was not even close to a mistake. It was bad faith by the prosecutor."
Judge Dartt was equally indignant.
"You're not going to argue me out of my ruling," he said.
Kammen said, "When the state attempts to mislead the jury, it is a legal reason." He claimed that the court's refusal to allow Mike McDaniel to testify before the jury was a violation of Camm's 5th, 6th, 8th and 14th Amendment rights.
Judge Dartt assured him that McDaniel could testify in an "offer of proof," which would allow his testimony to be entered into the record outside of the jury's presence.
"We are not going to re-try Trial One," Judge Dartt said.
"That's enough, Mr. Kammen." Judge Dartt said. "My patience is running thin."
Witness: Mike McDaniel
Attorney for David Camm during the first trial
NOTE: This testimony was heard OUTSIDE of the jury's presence
With the jury gone, Mike McDaniel, David Camm's attorney in 2002 during his first murder trial, was brought into the courtroom and sworn in.
An older man with thick, white hair, glasses, and a white mustache, McDaniel took the stand. He said he had been a private practice criminal defense attorney for over 40 years.
Kammen asked McDaniel if he knew Stan Faith, the prosecutor in the first David Camm trial.
"I knew Mr. Faith when he was hired in as a deputy prosecutor of Floyd County," McDaniel said. He added that was roughly 30 years ago.
Kammen then asked McDaniel when he became aware of the mysterious grey sweatshirt, and it's role in the Camm case.
"I first noticed it, I believe, in photographs of the scene," he said, adding that reports from police officers investigating the case also made mention of it. This would have been around 2002.
He later saw the sweatshirt for himself. Was there anything odd about it?
"Yes sir," McDaniel said. "It was a grey, long-sleeved Hanes sweatshirt."
It was a garment McDaniel said he commonly saw worn by clients of his who were in prison.
"It struck me that this was your standard DOC [Department of Corrections] issue," he said.
"In the neckband, there was some ballpoint-pen lettering," he added. "It was either blue or black."
McDaniel said he could make out the nickname "Backbone."
"My thinking was it was something you would put in your garment so it could be returned to you," he said.
McDaniel testified that he met with Stan Faith and told him about the name in the collar of the sweatshirt. He said he asked Faith if he would check to see if there was a database of nicknames of inmates in prison.
"He indicated he would," McDaniel testified.
But, McDaniel said, Faith would later tell him there was no such database.
Some time later, McDaniel testified, the grey sweatshirt was tested for DNA. He said he was told the only DNA found on the sweatshirt belonged to an unknown female.
"I knew I wanted further testing," he said. "I had no input as to what areas were going to be examined by the Indiana State Police."
He said the crime lab had tested the armpit of the shirt, but after speaking with forensic experts, McDaniel wanted to test the collar for so-called "sluff cells. He had the collar tested by Cellmark, a forensic service.
"The response was that they had developed a standard from the sluff cell tests," he said. He added that the standard -- a DNA profile -- was of an unknown male.
That's when, he said, he took the profile to Stan Faith and asked him to run it through CODIS -- the FBI's national database of DNA profiles -- to see if they could match it to a suspect.
"He agreed to do that," McDaniel said.
But, he said, when he asked Faith about it approximately 10 days later, Faith said they couldn't get a match.
Some time later, when Lynn Scamahorn -- a DNA analyst with the Indiana State Police crime lab -- was in a deposition, McDaniel said he saw his chance. He said both he and Faith were there. That's when, McDaniel said, he pulled out the DNA profile again.
"I believe I asked Ms. Scamahorn if she would take a look at it," he said. "My recollection is that Mr. Faith objected and said it wasn't relevant to anything, and kind of knocked it away."
Kammen asked McDaniel if Stan Faith had ever lied to him before.
"No," McDaniel replied.
"You know now he's lied to you?" Kammen asked.
"Yes," McDaniel said.
Kammen asked what would have happened if Charles Boney had been identified during the course of the first trial.
"It would have allowed us to shift our defense from, 'some other person' to 'this other person,'" McDaniel said.
Levco also questioned McDaniel.
Had McDaniel ever had any similar experiences with Stan Faith before the Camm trial?
"I never had him lie to me," McDaniel said. "I might get a late dump of discovery before a trial."
"We were not friends," he admitted. "We were adversaries."
Where is Karen Ancil?
Before the day was done, the jury would hear from two brief witnesses: Damon Lettich, a former employee of the Indiana State Police crime lab (who testified about fibers pulled from the grey Charles Boney sweatshirt), and Gregory Oeth, a former crime scene investigator who, in Sept. 2000, searched David Camm's truck -- unsuccessfully -- for blood.
On Friday afternoon, another concern arose. Kammen said his defense team was having trouble reaching one of their witnesses.
He said a witness by the name of Karen Ancil was not responding to the defense team's repeated calls, and several subpoenas had been left at her home and mailed to her, via certified mail.
"We would like the court to direct the state to bring Ms. Ancil to court," Kammen said.
Judge Dartt agreed.
"You can let her know that there's a subpoena that's been issued through my court, and she's expected to be here," he said.
Kammen said he'd like to have it done over the weekend.
Travis K. Kircher is a Web Producer for WDRB News. He can be reached at firstname.lastname@example.org.