The "Fresh Eyes"
Second Investigation

Practically all of Indiana and especially the Louisville Metro area was shocked when Faith's three murder convictions against Dave, obtained in 2002, were overturned in 2004 by the Indiana Appeals Court. Those with knowledge of the case, however, knew that prosecutor Faith had resorted to highly prejudicial claims…and lies…allowed by the trial court judge, to gain his murder convictions.

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Faith, however, was no longer the prosecutor, having been defeated in election by a former ISP trooper turned attorney, Keith Henderson (photo). Henderson quickly put together a highly touted “Fresh Eyes” team of  his hand-picked investigators who simply regurgitated the lies and falsehoods of the first investigation.

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As with the first ISP team of investigators, the second group, also headed by an ISP lead detective, Gary Gilbert, ignored that same BACKBONE sweatshirt with the unidentified male DNA. In fact, Henderson had refused to run that DNA through CODIS, as well as the unidentified female DNA found by a forensic scientist at the ISP laboratory (unlike the ISP investigators, the ISP lab people as well as the firearms and fingerprint experts, testified according to the facts and science).

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When finally forced by the defense to run the DNA, the “Fresh Eyes” team couldn’t believe it came back to Charles Darnell Boney, an 11-time convicted violent felon who had left other clues at the crime scene, including his sexual obsession with women's shoes which he kept as souvenirs of his violent robberies,

 

Amazingly, however, Henderson and his chief deputy prosecutor, Steve Owen (left of Henderson in photo), rather than arresting Boney, then publicly defended him in a press conference, claiming that Dave had still been the sole murderer.

 

Also pictured are "Fresh Eyes" investigators Gary Gilbert/ISP next to Henderson and then Wayne Kessinger, far right (video courtesy of WDRB).

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Oh, and the unidentified female DNA? Not coincidentally, that DNA came back to..........