Dateline | January 31, 2014
>> there is absolutely no way he could have left that gym. you have to believe that he knew when he was going to get to sit out. he timed it perfectly so it would be right at the time he was going to meet charles bonae and murder his family. it is beyond belief what he would have had to put in place for this alibi to have worked.
>> it's a synchronize your watches kind of scenario.
>> there's no way he could have possibly pulled it off.
>> narrator: and camm had an alibi. there were 11 people playing basketball.
>> there is not one shred of evidence that puts those two people together.
>> narrator: richard cameron was a new face on the defense team.
>> and the reason there was nothing there was because it didn't happen.
>> narrator: the reason the prosecution insisted that bonae was in the garage that night. to make that point the defense called damon fay, a veteran homicide detective who now trains police in how to conduct murder investigation. fay recited flaw after fwlau in the investigation.
>> when a homicide detective actually gets some physical evidence that has somebody's name on it, and dna , you hug it, you love it, and they treated it as an artifact. it would have changed everything. first of all, within two weeks tops, they would have had bonae.
>> narrator: and faye --
>> of all the crime scene possibilities, the most misinterpreted is blood spatter . you don't hang the entire case just on the interpretation of blood spatter . you've got to have so much more.
>> narrator: the theory of a staged sex crime , flat out wrong.
>> they really never probed out the fact that it could be a voyeur, or somebody with a panty fetish or someone who's just excited with the view of a woman's legs.
>> narrator: one like charles bonae.
>> because the suspect they don't know about and won't know about for five years has completely reflected that that crime scene up to the point of how kim was found.
>> narrator: and remember a bonae palm print had also been found on the bronco. and the defense said that he was the killer. defense expert eugene lissio showed us how the palm print would have been lift by the shooter.
>> it's just as simple as reaching into the vehicle like this to make a shot for jill . and then for bradley you would lean over a bit more, and fire a shot this way.
>> i noticed that you braced yourself here.
>> this is yes crime scene techs find a palm print?
>> yes, they did, they found a palm print up in this area. but it makes perfect sense if you're leaning in and you want to stabilize yourself, especially if you're making a shot.
>> narrator: now the police have scientific evidence .
>> bonae's story of course was i ran in, i did this, i never touched anybody clearly not true.
>> there is something in the field of dna analysis called touch dna . lab experts use human cells to make an identifying hit on a suspect. touch dna from bonae's skin cells was found on kim camm's sweater, on her underwear and on jill 's shirt.
>> the dna conclusively proofs that he absolutely fought with kim , that he touched jill .
>> and the defense hoped it's cross-examination of bonae would be still more proof. camm had to steel himself to watch bonae on the stand.
>> there was no way for me to actually prepare myself for that. and it was a situation where i really had to think about what was at stake and doing what was right in that moment, having to sit there and look at this guy that i knew killed my family and not react.
>> narrator: the defense said bonae's story was absurd. for starters why would an ex-cop ask an excon for a gun.
>> the guy who got out of prison doesn't smell a rat? he doesn't think i'm being set up? it makes absolutely no sense.
>> narrator: the defense took on b onae's story in cross-examination. we had some of the same questions when we spoke to him.
>> how many versions did it take to get to the story you just told? four, five times maybe in.
>> i finally find out, the more i keep lying, i just dig myself deeper and deer, i'm not going to get out of it. and when i did start telling the truth about things, i didn't feel comfortable revealing too much too soon because i didn't want to be a part of the case to begin with. so once again, i resorted to telling a lot of stories.
>> but the big picture here charles for a lot of people is it sounds like a crock, that a felon, just out of the slammer would hook up with a recently retired state police officer and do this gun exchange. it just doesn't seem to make sense. it doesn't pass the sniff test.
>> there's a lot of things about this case that doesn't make sense.
>> if i were you, i would have alarms going off inside my head, here you are on probation, how do you know that this former cop is really a former cop and he's not setting you up with a sting.
>> although that did cross my mind and i had concerns about him. there was something about him, if you have spent any time with mr. camm, he has a way of putting you at ease, he has a way of making you feel like he legit and making you feel okay. i didn't care what the gun was for.
>> this guy was on a special weapons team with the indiana state police . this premeditated crime, he's going trust a hanged gun that's come off the street, that he haslemn't checked out, he's unwrapped it from a sweatshirt and immediately used it for his business.
>> it was the gun. those are questions that i can't possibly answer. why did he want me there at the crime scene ? we know why because he wanted mess to take the blame for all of this.
>> narrator: so as bonae tells it, the transaction happens, he hears the gun fire in the garage and then david camm tries to shoot him.
>> why didn't you just belt out of there?
>> even on a prison level, if i got comes at me with a shank, i'm going goat that shank from him, a him. my intent was to kill david camm that day, you tried to kill me, and now i'm going to kill you. but before i had a chance to kill him, i stumbled across this beautiful woman, dead, lifeless on the ground.
>> then bonae says he stumbled over the woman's shoes and took the time to place them on top of the bronco.
>> but then you're down on the floor t way you tell it. you tripped?
>> yes, i tripped over the shoes.
>> and your emotions are going wild , this man's trying to kill you, you're at a crime scene , you trip, oh, shoes, i got to put these on the vehicle. doesn't make any sense.
>> i'm wiping the shoes off, and i see one little leg or something hanging out the passenger side. i go to investigate to see if there's anyone else in the back of the vehicle. and when i leaned in to look, i put the shoes on top. i don't even remember doing it.
>> doesn't remember doing it, and he says he doesn't know why. i wasn't thinking about why i did that. but i was cognizant and really thinking about the dna or possible fingerprints from having tripped and touched those shoes.
>> but you know, that palm print charles is just where you would brace yourself to lean across and shoot that little boy .
>> that's according to a defense expert witness . you got to understand, the prosecution's got that same evidence, they don't see it that way.
>> if you're so concerned about tidying up, why would you be so clumsy as to leave a hand print on the vehicle.
>> i see the children inside, i didn't know i left that palm print. i i had known, i would have taken the time to wipe it ah! i just wanted to get out of there.
>> narrator: how does he explain his touch dna on jill and kim 's clothes.
>> my skin cells are clearly on him, so anything that he touches can be transferred.
>> narrator: while the defense couldn't tell the jury about bonae's past, the foot fetish and the armed robberies . we knew the past and asked him about it.
>> when you understand your criminal history , the fetishes, what happened in that garage, seems to fit your appetites. this guy's history just played out on a violent scale that he had never been through before.
>> first of all, my history does not consist of killing women, shooting people period, i have not had anything like that in my past. yes, i have been in possession of handguns, yes when i was 20 years old, i did some armed robberies for cash.
>> were you in that garage that night with a gun in your hand taking control of kim camm?
>> no, sir.
>> the kids started to cry, shut up.
>> in your panic, forget the sweat forget about the trophies -- got totally out of control, and you massacred a family. charles bonae, did you kill that family?
>> in fact that's the most ridiculous thing i have ever heard. a guy with a foot fetish kills an entire family just to satisfy his foot fetish ? in a place where he's never been before? it never happened.
>> what are you hoping the jury hears today?
>> i have no comment.
>> david camm 's third trial came to an end after nine weeks.
>> it's over, right now.
>> would the jurors believe the tale they heard? the felon duped into a crime scene by an ex-cop? for the first time in 13 years, his fate was in their