Man Convicted of Killing State Trooperwoman, 2 children seeks new trial
A man serving 225 years in prison for the shooting deaths of a woman and her two children is seeking a new trial.
Charles Boney was convicted for his part in the September 2000 shooting deaths of Kimberly Camm, 35, and her son and daughter. David Camm, a former Indiana state trooper, was convicted in a separate trial in the murders of his family.
Boney's attorney John Pinnow argued in a brief filed Wednesday with the Indiana Court of Appeals that a judge made five errors during Boney's case last year that justify granting him a new trial.
Floyd County Prosecutor Keith Henderson said Thursday that his office would review the appeal and discuss it with the state attorney general to file a response.
Staci Schneider, a spokeswoman for the Indiana Attorney General's office, said the state would argue to uphold the sentence and conviction.
Jurors in January 2006 convicted Boney on three counts of murder. A separate jury two months later convicted Camm of killing his family in the garage of their home in the southern Indiana town of Georgetown.
Camm's attorneys have argued that Boney, not Camm, committed the murders.
Another jury in 2002 convicted Camm of the murders, but the state appeals court overturned the verdict. After his second trial, Camm was sentenced to life in prison.
Pinnow argued in the appeal that Floyd Circuit Judge J. Terrence Cody gave the jury an improper instruction about how it should consider information that Boney sold a gun to David Camm before the murders.
Pinnow also argued that statements Boney made to investigators about providing the gun and being at the scene of the murders should not have been admitted as evidence because they were made after Boney had asked police to see a lawyer.
"Everything that came after that should not have been admitted," Pinnow said.
Another argument from Pinnow was that prosecutors did not give a "race neutral" reason for striking the only African-American person from the pool of prospective jurors.
A second jury-related issue in the appeal was alleged misconduct by a juror who was removed from the panel nine days into the trial after allegations that he had pre-judged the case and made racist remarks about Boney.
The appeal also contends that Cody should have granted Boney's motion for a mistrial after two state witnesses, in violation of the judge's order, testified that Boney had been in prison.