(WHAS11) – The state's challenge on the new DNA evidence, involving David Camm third trial, has been denied. The state was asking the judge to not allow new DNA evidence in the trial but that ruling has been denied.
The judge has decided that the DNA evidence is admissible in court. It's evidence that Camm's family says clears his name.
Kim, Jill and Bradley Camm were brutally murdered at their Georgetown, Ind. home in 2000. David Camm, father and husband, faces his third trial for their murders.
“We're cautiously optimistic. We’re guarded but hopeful, absolutely, that maybe finally the truth will be present in the courtroom,” Julie Blakenbaker, David Camm’s sister said, said.
New evidence tested by a Dutch forensic scientist showed only Charles Boney's DNA on Jill's shirt, Kim's shirt and her underwear.
“This evidence is extremely crucial to not only clear my brother's name but to demonstrate exactly what really happened in that garage that evening,” Blakenbaker said.
Boney was convicted of their murders in 2006 but prosecutors say David Camm played a role in killing his family and Boney is expected to testify to that. But he's also changed his story several times. The defense says this new evidence proves Boney is the sole killer and an unreliable witness.
“It demonstrates if there needed any additional demonstration the continued dishonesty of Charles Boney and the state's willingness to accept at face value Mr. Boney's dishonesty,” Richard Kammen, defense attorney, said.
Special prosecutor Stan Levco questions the new DNA findings and cites a different set of standards practiced at the lab in the Netherlands where the clothes were tested.
“Well, we don’t think it's reliable,” Levco said.
The defense claims the lab has more sophisticated technology and experts who are trained to pull complex DNA off of aged evidence.
In addition to the DNA ruling the judge also ruled improper evidence cannot be heard at trial; including, evidence relating to Jill Camm’s genital injuries. The judge stated the Indiana Supreme Court barred use of this evidence when overturning his second conviction.
For more WHAS11 coverage on the David Camm trial, click here.