The First Trial
Problems But Easy Solutions For The Prosecutor
The incompetence and/or lies of Sean Clemons and Rob Stites weren't the least of prosecutor Stan Faith's problems (photo below). Forensic evidence, including the natural separation of blood from serum...and not anything added to Kim's blood...had determined, along with eyewitnesses, that the murders had occurred well before Dave had arrived home around 9:27 p.m. The murders had to have been committed about 8:00 p.m. and not after Dave had returned home, or after 9:15 p.m.
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That meant, of course, the murders had occurred at the same time Dave had been at the church gym with 10 others who had been playing ball with him. How could he be in two places at one time? Playing ball AND murdering his family? There was a simple answer given to the jury by Faith: the basketball players who had seen Dave either playing ball or else talking with a church elder on the sidelines, were liars, in spite of the fact that alarm records for the gym had it being opened at 6:59 p.m. and engaged at 9:22 p.m., with Dave inside at all times per the players and a spectator.​
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Additionally, during the highly emotional nine-week trial in the Floyd County, Indiana, courthouse (photo), overseen by a jurist who allowed clearly impermissible evidence and very prejudicial speculation, that judge came down heavily on the side of Faith. As one observer noted, Faith engaged in tactics which were “underhanded, sneaky, and…rotten.” The judge, of the same political party as was Faith, had enabled Faith's prosecution throughout the trial while ruling against the defense at almost every turn.
Denigrated at the trial by Faith was anything that could have been supportive of Dave's innocence, including the discovery at the crime scene of a large, gray unexplained sweatshirt with the name BACKBONE and containing unidentified male and female DNA. It had meant nothing, but was an "artifact," said Faith.
Faith had then had stirred in three nasty and highly prejudicial motives, of which there was no evidence, but which had caused the jury to absolutely hate Dave. And how did Faith do all of that? Again, the trial judge let the prosecutor make claims without evidence and contrary to the Rules of Evidence.
The result was the conviction of Dave for the murders of Kim and his two children in 2002, and three murder sentences totaling 195 years. Later, the Indiana Court of Appeals, in overturning the convictions, found that “we are left with the definite possibility that the jury might have found Camm not guilty if..........
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