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LEBANON, Ind. (WDRB) -- The prosecution and defense in David Camm's third murder trial spent Monday arguing over the language in jury instructions that will let the jury know about possible charges for a conviction.
The sticking point -- whether to allow the prosecution's charge of aiding and abetting.
Defense attorney Richard Kammen says there is no evidence that Camm assisted Charles Boney in killing Camm's family, his wife, Kim, and their two children, Brad and Jill, in September of 2000.
The prosecution disagreed, but did not argue much in court.
"I don't think the instructions are really, ultimately, that critical," said Special Prosecutor Stan Levco. "So I'm OK with whichever way he (Judge Dartt) rules.
Kammen pointed out that in 2006, during Camm's second murder trial, the judge at that time issued a directed verdict that Camm was not guilty of conspiracy, so jurors never had that conspiracy charge as an option.
Kammen argued that conspiracy is that same as aiding and abetting, and added that the charge would violate double jeopardy law.
Judge Jonathan Dartt ruled that, for a murder charge, prosecutors would have to prove Camm was present during the killings, but not for an aiding charge.
Camm's sister, Julie Blankenbaker, says the aiding charge is proof that Levco has no solid proof against Camm.
"My impression at this point is that this prosecutor is just showing how desperate he is to continue to pursue a conviction of David Camm (when) there is absolutely no evidence," Blankenbaker said.
Defense attorney Richard Kammen also says there is no evidence Camm assisted Boney, and said this is the state's attempt to free Boney. The prosecution fired back, saying that was offensive and over the top.
Levco told WDRB News that Judge Dartt has allotted a half-day on Tuesday for closing arguments, but Levco says he may not need that much time.