Dateline   |  January 31, 2014

'Mystery on Lockhart Road' part 9

David Camm's second conviction is overturned. In 2013, he goes on trial a third time. Dateline talks to Charles Boney in prison.

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This content comes from Closed Captioning that was broadcast along with this program.

>> narrator: sam lockhart 's mission to clear the name of his nephew david continued unabated after camm and charles bonae were both convicted of the murders of david 's family.

>> now we've got the killer who killed kim , brad and jill. we finally got that accomplished. now our next chore, we're still after that. we were still after getting david camm another trial.

>> you're back to the appeals court again?

>> right.

>> all rise.

>> narrator: the indiana supreme court heard the appeal.

>> these crimes are also connected.

>> narrator: they argued that the evidence that david molested his daughter was pure speculation and should not have been allowed in the trial.

>> there's absolutely no evidence at all that camm was the perpetrator of that, right?

>> narrator: in 2009 , the upper court agreed.

>> convictions reversed. two words. that's all i needed.

>> narrator: a second victory for the camm team. the conviction was overturned and the judge ordered a new trial.

>> statistically a successful appeal of a first-degree murder charge is a long shot. and yet you got it.

>> i got it twice. that doesn't happen. doesn't happen. you know, if you don't believe in something bigger, you need to really evaluate your spirituality because, you know, man, that was a god thing. .

>> narrator: in august 2013 , more than a dozen years after the murders, david camm faced his third jury. a special prosecutor sam lefco was hired to take the case.

>> when i first got it, it was just overwhelming. i have tried a lot of death penalty cases, murder cases , i have never tried anything like this. i never seen anything as complicated.

>> narrator: with no philandering husband, no molesting father, what remained was the theory of the crime that david left the basketball game, killed his family, then went back to play some more. once again t prosecutor argued that the scene in the garage was staged to look like a sex crime .

>> and her pants had been removed?

>> correct.

>> narrator: removed after she had been killed. what's more, the positioning of kim 's body, he argued, was not what you would expect of a person that had been shot and fall fallen.

>> her feet are under the car, roughly 10, 12 inches under the car. her legs were bent at an angle which seemed unusual.

>> unusual how?

>> they weren't straight, they were at an angle that you wouldn't expect them to be that way.

>> narrator: and the infamous sweatshirt, the one that once belonged to charles bonae was also part of the staging t prosecutor argued.

>> the placement of the sweatshirt was incriminating. i thought the way it was put there led you to believe that david camm put it there.

>> narrator: tucked all too neatly under bradley camm's body, as though put there on purpose to frame charles bonae. remember, no murder weapon was ever found. the heart of the prosecution's case was still that freckling of blood at the bottom of david 's shirt. powerful, incriminating evidence , it argued, making david as the shooter.

>> the little girl was seat belted on this side, as you're looking in.

>> tom bevel, a blood stain pattern analyst was a witness for the prosecution . in a bronco similar to the one owned by the camms, he demonstrated for us the way he believes david was wedged inside the car to get those specs of blood on the bottom of his shirt.

>> what's a likely posture for the shooter?

>> leaning in somewhat like this north to get the correct trajectory for her.

>> i notice your shooting hand is up pretty high.

>> it is.

>> is that an awkward shot?

>> it's not necessarily awkward, but we have to go with the physical evidence , and the physical evidence isn't like this.

>> narrator: but why so few spots? bevel said it's because most of the blow back hit the inside roof of the vehicle. like much of the other evidence, the blood spatter testimony was essentially the same as in the other two trials. what would be enormously different this time is the star witness. the jury was going to hear from charles bonae himself. a huge risk for prosecutor lefco.

>> you wonder what kind of witness this charles bonae was going to be for you?

>> i felt like i didn't have a choice, i suspect they would have. but also i thought the jury ought to hear it.

>> narrator: this is the story bonae told in court. he says he met camm playing basketball at a local park. we talked to bonae in prison.

>> it was just a pick up game of basketball. i didn't know him or really anyone there. i'm fresh out of prison, the scene is different.

>> narrator: after the game, he said camm was bragging, talking smack about how easily he had beaten bonae.

>> at that point, i said, i may have lost the game, but at least i have my freedom. he's like freedom, i was like yeah, i just got out of prison.

>> camm told him he used to be a state trooper .

>> at the end of that day, did you know him by name?

>> no, i didn't know him by name until our second channels meeting.

>> narrator: that meeting was about a week or so before the murders. they ran into each other at a convenience store and got to talking in the parking lot .

>> the gist of our conversation was are you employed? are you staying out of trouble? then it evolved into what types of things did you do to get into prison in the first place? he was creating hiss own form of intel. he was learning quite a few things about charles bonae.

>> he told him he had been inside for robbery.

>> when i slowly started to let him know about some of the things i did in the past. he asked me, well, are you still able to get untraceable weapons?

>> untraceable?

>> that's what it led to. a clean gun. something that can't be traced by law enforcement and ballistic ballistics.

>> so bonae said he met camm the same day, met him in a parking lot and handed over the weapon. he said he paid bonae $250. but one begin is not enough.

>> so he wants me to deliver a secondhand gun. so i follow him back to hiss house. i can see visibly exactly where he lives.

>> narrator: they spoke outside the house for just five minutes. bonae asked when he should return for the second gun?

>> i'm asking this man, what time? what time should i be back here?

>> why don't you come back on thursday at approximately 7:00, et cetera . so i knew what time to be back.

>> so meet me here on thursday night in the evening and you'll have some more cash in your your pact?

>> absolutely.

>> narrator: it was thursday september 28 , the evening of the murders.

>> i arrived at mr. camm's house at approximately 7:00.

>> narrator: he said he hadn't d it over to camm wrapped in his gray sweatshirt.

>> my sole purpose is simply to get the $250 for the second weapon.

>> narrator: bonae says a few minutes later, the wife and kids arrived and pulled into the garage.

>> and what happens?

>> i hear a little bit of commotion. it sounds like something's not right. it sounds like they're arguing and then all of a sudden, i hear an immediate pop. and before i heard the pop, i heard her say, no. and it was a commanding no. like stop. then i heard a pop, then i heard the word daddy.

>> two more pops.

>> did you know what that was? it sounded like handguns.

>> so what did you think?

>> i was thinking this was a crime scene . as he emerged from the garage and pointed the handgun at me, i was frozen.

>> so you're a target?

>> absolutely. so he needs to kill charles bonae.

>> but the gun jammed.

>> the thing is, once i realized that your gun doesn't have projectiles in it. now my job is to get you.

>> you're going for him?

>> absolutely.

>> narrator: now as bonae tells it, the scene moved into the garage.

>> as i go into the garage, i'm chasing after mr. camm, i heard him say you did this. and i took that as, this is your crime.

>> narrator: as camm went inside the house, bonae says he saw the victims. the wife by the car door . he remembers her being fully clothed. then he says he stumbled.

>> i trip over shoes. i clearly touch something that is now a part of what will be a murder scene. so yeah, i did pick them up, i did try to wipe them off.

>> kim 's shoes, he placed them on top of the bronco, then he looked inside the vehicle and says he saw the two children. mindful of leaving dna and prints, he session he touched none of the bodies. then he says he heard david moving inside the house.

>> and it clicked inside my head, he's going for a weapon. i mean this guy is a former indiana state trooper.

>> narrator: at that point he bolted from the scene.

>> he would have lied and said to his buddies at the indiana state police , i came home and found this black guy.

>> narrator: after hearing bonae testify, the defense was ready to pounce.

>> that's his story, and it makes absolutely no sense, but it explains away all the evidence that they had against him at the time. but what bonae didn't account for