EXCLUSIVE | David Camm speaks out after $30 million lawsuit dismissed by federal court
Speaking only to WDRB-TV, David Camm says he's refusing to give up his fight.
LOUISVILLE, Ky. (WDRB) -- He spent 13 years in prison, accused of killing his wife and children, until jurors in a third trial found him not guilty. Now, David Camm wants the state of Indiana to pay.
Speaking only to WDRB-TV, Camm says he's refuses to give up the fight.
A judge dismissed Camm's $30 million lawsuit with prejudice -- which means the decision is final -- but Camm and his attorney are taking the case to a higher court.
It has been a tragic 17-year journey, and now, Camm has been handed another courtroom defeat.
"I had a pit in my stomach," Camm said. "Was...obviously upset and very disappointed ... and sad and to be perfectly honest, more than anything else, I just feel insulted by the entire situation."
Camm's disappointment over his lawsuit being dismissed is palpable.
"Just didn't expect it to end up quite like this," he said.
But the former Indiana State Police trooper says he won't give up.
"We knew that there would be an appeal," he said.
This is not Camm's first time appealing a court's decision. He was convicted twice in the murders of his wife and two children, but both were overturned by higher courts.
"The bottom line is, those trials were not fair. They heard evidence that they should not have heard, and that's why the higher courts overturned those convictions," he said.
On Sept. 28, 2000, Kim, Brad and Jill Camm were killed in the garage of the family's home in Georgetown, Indiana. Eleven men testified under oath that Camm was playing basketball at the time his family was killed, but Camm still spent 13 years in prison.
During that time, another man was identified as a suspect: Charles Boney.
"The guy is caught, we know who he is, he has been identified," Camm said.
Boney has a long criminal history, and prosecutors say his DNA and hand prints were found at the scene. At separate trials, jurors convicted both men.
"I see people say, 'Well, he had never killed anyone before.' Well, you know what? He held a gun to a girl's head and threatened to shoot her in the head if she didn't do what he told her to do, and that's exactly what he did to Kim," Camm said.
Camm says he has learned a lot about Boney since 2005. "He is a perpetrator, he's a psychopath and he is evil," said Camm. "Maybe he didn't go there with the intention of killing anyone. I don't know, only Charles Boney can answer those questions."
Boney is serving a life sentence for the murders, but says Camm pulled the trigger and even turned the weapon on him. Boney says the gun jammed and Camm went back into the house.
But Camm said, "For anyone to believe that garbage, it is surprising to say the least."
Before leaving Indiana State Police to work for his uncle, Camm was a member of the swat team and said he knows how to unjamming a gun.
Camm said that's what makes Boney's story so laughable. "As I recall, he actually said that he was chasing me and that he tripped over Kim's shoes."
Boney's palm print was found on the car and Kim's shoes.
"Following his story, I am going inside to get another weapon, he trips over Kim's shoes and he's like, 'oh, my goodness, I've tripped over these shoes, and I need to pick them up and place them nicely up on the roof of this Bronco," said Camm. "Come on, man. Really? The state of Indiana buys it."
Camm says police and two prosecutors ignored evidence that could have cleared him. "Everything is there, all you have to do is put it together, but they just, they won't go down that road, Stephan, they won't because they can't because they don't want to face the reality."
As a result, Camm filed lawsuits against Floyd County and the state of Indiana.
He said, "There has to be some justice."
In April of 2016, Camm settled with Floyd County for $450,000 but the lawsuit against the state was Dismissed with prejudice.
"When the court dismisses a case with prejudice, they're kicking your case out, you're done, there's no decisions left to be made, it is over, you have lost."
Greg Belzley is a longtime civil rights attorney and explains why Camm can appeal the decision.
He said, "Our system of justice, particularly in the federal system, gives somebody like Mr. Camm an automatic right to appeal the decision of the federal district court to the seventh district court of appeals in Chicago."
Belzley says there are genuine issues of material facts in the case.
"You've got a situation where Mr. Camm has a rock solid alibi, rock solid!"
Belzley says that rock solid alibi are the 11 men who testified Camm was playing basketball at the time of the murders.
Belzley said, "Is it possible he sneaked out and came back and kept playing basketball without murdering his entire family without anybody knowing? Anything is possible."
Belzley says possible but not likely. "The earth could turn upside down tomorrow, not likely, highly improbably but possible. That's the degree of possibility we're talking about here."
The civil rights attorney said - in this case, Camm has the highest court in the land on his side.
"The United States Supreme Court has told district courts look, where there are issues of genuine fact, you let it go to the jury, you can't give law enforcement the benefit of the doubt simply because they're law enforcement."
Belzley also believes Charles Boney's relationship with Camm's first prosecutor is questionable. Former Floyd County Prosecutor Stan Faith has represented Boney in other cases.
Meanwhile, despite the last 17 years, Camm said, "I'm blessed."
He said his passion, his fight, even the lawsuit -- all part of his journey to find justice for himself and for his family.
"However it turns out, I mean, the journey will continue until I am no longer in this world," said Camm.
Camm said he also hopes people will take time to learn the facts of the case. We asked why.
"Because I care," said Camm. "I care what people think about me."
The court of public opinion may still be deliberating, but jurors in Camm's 3rd trial have not wavered. After returning a not guilty verdict in the case, jurors requested a meeting with Camm. Since then, several have stayed in contact.
Copyright 2018 by WDRB News. All rights reserved.