By RICK CALLAHAN
Associated Press Writer
INDIANAPOLIS- A former Indiana trooper accused of killing his wife and two children in the family's garage five years ago will be retried starting Monday in a courtroom nearly 100 miles from where an ex-convict is facing his first trial for the same attack.
Prosecutors plan to argue that the convict helped David Camm kill his family and that he provided the gun.
The former trooper was convicted in 2002 and sentenced to 195 years in prison, but the Indiana Court of Appeals threw out the conviction last year, ruling that testimony about alleged extramarital affairs unfairly biased the jury against him.
This time, Floyd County Prosecutor Keith Henderson will retry the 41-year-old on three counts of murder and an added count of conspiracy to commit murder.
Co-defendant Charles Boney, 36, was linked to the case last year by DNA evidence on a sweat shirt and a palm print found at the crime scene.
"Retrials are never optimal, especially five years after the crime and three years after the first trial, but I think it's a solid case and ultimately we'll give it to the jury to decide," Henderson said.
The prosecution's case may hinge on tiny bloodstains on a T-shirt Camm was wearing the night of killings.
Prosecutors say those stains place him within four feet of his daughter when she was shot. Camm's attorneys say the stains got on the shirt when he found the bodies.
Camm had called police on the night of Sept. 28, 2000, to report finding his wife, Kimberly, 35, and their children, Bradley, 7, and Jill, 5, shot to death in the garage of the family's home near Georgetown, about 100 miles south of Indianapolis.
The children were still strapped into the seats of Kimberly Camm's Ford Bronco.
At his first trial, 11 witnesses testified Camm was playing basketball at a church at the time of the killings. Prosecutors will contend that he left the game, killed his family, then returned to church before later driving home and reporting the deaths.
Court documents suggest that Kimberly Camm planned to leave her husband and that Camm was motivated to kill her to cash in on insurance policies worth nearly $300,000.
The former trooper had met Boney about four months before the shootings, shortly after the convict finished serving seven years in prison for armed robbery and criminal confinement, according to court documents.
Prosecutors say Camm promised to pay Boney to help in the killings.
Camm is being tried in Boonville, about 75 miles west of the home where his family died. The trial was moved due to the extensive publicity. Boney will be tried in New Albany, about 10 miles east of the family's home.
Defense attorney Katharine Liell said Camm's retrial will be "substantially different" because Boney has now been charged as well. The defense will try to prove that Boney was the killer, she said.
Boney's attorney, Patrick Renn, will argue that Boney was at the house the night of the murders because Camm asked him to get another weapon, but that he was unaware Camm intended to kill his wife and children.
"It makes no sense that if David Camm was going to kill his family that he would want Mr. Boney there to watch him," Renn said.
Attorneys for both men say neither is likely to testify in the other's trial.
Liell expects Camm's trial to last at least six weeks, with more than 300 potential witnesses. If convicted, the men could face life in prison without possibility of parole.