ILNews

Appeals court affirms murder convictions

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals affirmed a man's convictions of murder, conspiracy to commit murder, and the finding that he is a habitual offender.

In Charles D. Boney v. State of Indiana, No. 22A01-0607-CR-310, Boney was connected to the murder of Kim Camm and her two children at home by her husband, David. Boney provided the weapon David used to murder his family and was at the Camm's home when the murder occurred.

Boney raised several issues on appeal following his jury trial and convictions. He argued his convictions should be reversed because the trial court erred in letting the state exercise a peremptory challenge on a prospective juror who was African-American; specific pretrial statements Boney gave to police officers were improperly admitted into evidence; the trial court abused its discretion by denying a motion for mistrial because of comments made by witnesses regarding Boney's previous incarceration; the trial court erred in refusing to give his proffered instruction on accomplice liability; and the trial court should have granted his motion to correct error based on juror conduct.

The appellate court found no reversible errors and affirmed the trial court's decision.

The reason the African-American prospective juror was excused was based on his responses to the juror questionnaire, not because of his race, so the denial of Boney's Baston challenge by the trial court was not an error, the court found.

Statements Boney had made to police without receiving a Miranda warning were admissible in court because he had made similar statements to another police officer he spoke to earlier that day in which he was advised of his Miranda rights. He also signed a waiver of the right to counsel.

In regards to the trial court denying Boney's motion for a mistrial, the trial court instructed the jury to disregard statements made about Boney's prior incarceration and struck a witness from the trial in order to prevent any harm that may have resulted from the testimony. Any error that may have occurred as a result of the admission of the statements or testimony stricken from the record was harmless, wrote Chief Judge John Baker.

The final jury instruction given by the trial court sufficiently informed the jury about the requirement of finding affirmative action on the part of the defendant before he can be convicted as an accomplice, so Boney's instructions for the jury did not need to be given.

Finally, Boney contended he is entitled to a new trial because of alleged juror misconduct. However, the juror Boney pointed to was excused prior to deliberations and the 11 remaining jurors signed affidavits stating that juror did not influence them nor did he ever make any racist or prejudiced statements regarding Boney. Because the juror did not participate in the deliberations nor influence the other jurors, Boney's argument fails, wrote Chief Judge Baker.
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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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