September 28th, 2000

September 28, 2000 fell on a Thursday. Like most late September days in Southern Indiana, the days were warm and toasty and the evenings were somewhat crisp. It was six days after the autumnal equinox and so the length of days and nights were fairly equal. On September 28, 2000, the sun rose at 7:37AM and sat at 7:30PM.

That weekday at the Camm household began as most weekdays did. Kim was up first, before 6:00AM and awakened David about 6:15PM. Dave made the coffee, read the paper and helped awaken Brad and Jill a short time later.

After he kissed Kim and the kids goodbye Dave left in the United Dynamics Incorporated (UDI) company pickup truck shortly after 7:00AM. He arrived at the UDI facilities in New Albany at approximately 7:30 or about the same time that Kim and the kids left the house in her 1995 black Ford Bronco, bound for Graceland School, where Brad was in the first grade and Jill was a pre-schooler.

After the kids were dropped off right at 8:00AM, Kim called her mother Janice and made arrangements to take the clothes they would need later in the day for dance and swim practice. Janice and Frank's house was often used as a changing location for Brad and Jill and Janice was always happy to help her working daughter with the kids and their errands, such as taking Brad to his doctor for his asthma shot as she would do later this date.

Kim arrived at work at Aegon at 8:50AM after dropping off the kid's clothes and then engaged in a very routine work day. By all accounts, including those of her supervisors, Kim was a conscientious and dependable worker who, although somewhat quiet and reserved, nonetheless was very responsible and accountable. She was, quite simply, an ideal employee with no issues or problems. Her coworkers and supervisors were genuine in their high praise of her as a person and as an employee.

At approximately 4:00PM, Kim left work and drove to Graceland School where, according to their log sheet, she signed out Jill at 4:15PM. She arrived at dance practice approximately 20 minutes later and by absolutely no account of anyone did Jill or Kim seem to be anything less than their normal self that day. Dance lasted until 5:30 when Jill and Kim left and drove to Janice's house where Brad awaited, having been signed out of school at 3:40PM in order to get his asthma shot.

After Janice helped Jill change from her dance outfit back into her school clothes, the kids enjoyed milk and cookies during the "free time" between 5:30-6:00PM. Kim and the kids then were off to Hazelwood Junior High School, located adjacent to New Albany High School (NAHS) where Brad had begun swimming on the local club team several weeks earlier. Jill was happy and energetic and was acting very normal, according to later testimony by her grandmother. Additionally, Brad had found his true niche, unlike other sports he had tried, and was developing a genuine affinity for swimming.

Swim practice lasted for an hour or from 6:00-7:00PM and during that time Kim sat and spoke with other parents while watching swim practice and Jill went to the adjoining gym in order to watch a volleyball game and, according to witnesses, she ran up and down the bleachers and was interacting with other kids and having fun. There was absolutely nothing to indicate anything that would portend the horror to be incurred upon Kim, Brad and Jill in just a short period of time.

Kim and another parent spoke to one another in the parking lot after practice. Kim and the kids then left the parking lot at approximately 7:05-7:10PM. The distance between Hazelwood Junior High School and Lockhart Road is approximately eleven miles, but different routes could lengthen or shorten that distance. The time it would take to drive home was approximately 20-25 minutes, depending upon the route, traffic and other variables.

Were there any indications of problems or impending problems with Kim and the kids on September 28, 2000? There were no indications in Kim's conversations with her mother, co-workers, or later with other parents of children at the dance and swim practices attended by Jill and Brad. Indeed, in the mid-afternoon, Kim made two telephone calls to the family dentist and made a routine check-up appointment for Brad.

How did the children act that day? They, too, had a normal day in every aspect at school, with their grandmother, and later at their practices. It was an absolutely normal day in every regard for mom and her two kids.

Many people righteously argue that a person's demeanor prior to a crime can be a window into that person's mind and an indicator of intent. Did David Camm do anything on September 28th which provided any clue as to what was to happen that evening? What did David Camm do on September 28th?

Dave was very busy that Thursday. His cell phone records reflect that he was on the phone with at least four customers, had personal appointments with three customers and spoke with the staff in the business office or other co-workers on at least eleven (11) occasions, including a few of those in the late afternoon to confirm the basketball game that evening. He additionally spoke with a local auto parts dealer regarding picking up a part for his 1973 Corvette that he was restoring (he also had a 1966 Mustang, purchased by Kim with her bonus money the year before, that he was restoring for Brad).

Late in the afternoon of September 28th or within four hours of when the police and prosecution said that David Camm slaughtered his family, he had two telephone conversations with potential customers.

The first conversation was a follow-up telephone call on a personal visit wherein the customer stated that Dave was "very professional" and explained the work needed on a basement of a house that she was thinking of buying. Both she and her realtor were present during his personal presentation during which he completely answered all of their questions and provided an estimate that was fair. During his phone conversation he exhibited the same professional demeanor.

The customer was surprised, however, about one thing surrounding his personal and then his later telephonic contact, and that was when neither she nor her realtor was contacted by the police. Particularly inasmuch as she was one of the last persons to have spoken with Dave, she thought that the police would think that it would be important to speak with her. They never have.

Dave also spoke with another customer at 5:06 PM. That call lasted for almost ten minutes and the woman was also impressed with Dave. They spoke not only of the job that UDI was to perform, but also about their children. Dave spoke glowingly of his children and was very proud of the fact that Brad was doing well in swimming. They also spoke about Dave possibly purchasing a pool table the customer had in her basement that she was thinking of selling. This, too, was another normal conversation.

Right around the time of that same conversation, Dave was on his way home and had telephoned two co-workers, Jeff Lockhart and Martin Dickey, and spoke to them about playing basketball that evening at the church. During their younger years both were gym rats and both, although in their 30's, were very good roundballers.

Jeff is a cousin of Dave and also the youngest son of Leland Lockhart, who was the pastor of Georgetown Community Church (GCC) at the time. Jeff had a key and an assigned security code to the alarm system at the recently opened Family Life Center which housed the gymnasium. One of the strong beliefs of the church was that kids can relate to Christ through fun and exercise and a basketball gym can be a means of drawing youngsters to the church. The church has hosted hundreds of boys and girls on dozens of basketball teams in the years since the murders. Additionally, Thursday night had become a night for the younger men of the church to also play.

Games were played the previous Thursday, but there weren't ten players present, or enough to play five on five full court. Those playing liked to play with five on a team and full court ball. As a result, Jeff, Dave, and Martin talked about getting enough players to play and because of that conversation, Martin asked his younger brother, Jeff Dickey, who had never before played with the group, if he was interested in playing. He did and showed up for the first time.

As in most pickup games, no one knew how many players were going to show up. Would it be nine? Eleven? Fifteen? No one knew. The games were, after all, pickup games. Eric Minzenberger, Dave's cousin by marriage, only decided to come at the last minute as did Scott Schrank. Sam Lockhart showed up after the first game had already begun. The point being is that no one playing ball that evening knew how many would show up, including Dave.

If ten showed up, then there would be no one sitting. If twelve showed up, two would be sitting. If only eight, then no one would be sitting. How then could anyone plan with another person to commit a crime during the time of the ballgames if he didn't even know if he would be able to get off the court and somehow or another leave the gym without anyone knowing about it?

How many times does a player twist an ankle or get an elbow in the nose and have to sit? What happens? A guy sitting comes back in. What happens when one of the church elders or another church member walked in and sits along the sideline watching the action, as Tom Jolly did that evening?

How can one person control the actions of ten or more people, particularly when he doesn't even know who or how many are going to appear for the game? The answer is that no one can orchestrate such a feat.

When Dave later walked into the gym that evening, neither he nor anyone else knew how many players or others would eventually show up and play or who would be there to watch the games. Indeed, at least three other people were in the Family Life Center that evening attending a substance abuse support group. Those people weren't interviewed by the police during the initial investigation and only one was interviewed later but only after being advised of the existence of the group by the defense.

While Kim and the kids were at Janice's getting ready for swim practice, Dave arrived home. As he drove west on Lockhart Road, he saw his uncle Nelson who was staying with the Lockhart family patriarch, Amos, age 92. Nelson was in the yard hitting some golf balls. His father Amos was still grieving from the loss of his wife, Daisy, less than a year before. Amos was in ill health and his nine children took turns spending the night with him. On this particular evening Nelson was in charge.

Amos' house, the first one built on Lockhart Road, was across the gravel road from the Camm residence and encompassed over an acre of land. It was the Saturday before September 28th that a large and fun-filled family get-together occurred at Amos' house where a playhouse was dedicated on the property. The playhouse, located on the west side of the house, was built at the request of Amos for his many grandchildren and great grandchildren. Dave and Kim contributed $500 to help defray the cost of the playhouse and Kim and others took several pictures of Brad, Jill, and their many cousins who were having an exuberant and wonderful time. Indeed, the photograph of Jill and Brad on the steps of the playhouse with their cousins does an outstanding job in capturing their personalities.

Nelson Lockhart was a 35 year law enforcement veteran of the Kentucky State Police and the Jefferson County Police Department. As a retiree, he also worked for UDI and on that day he had made a noteworthy sale. Dave and Nelson spoke for a few minutes and both were pleased at Nelson's success.

Dave then went into his house and put on his basketball trunks, shoes and an old Indiana State Police T-shirt. That simple T-shirt, later "analyzed" by an individual who claimed to be a blood spatter expert, was the false idol that the police and prosecutor came to worship.

Dave also made a telephone call to a prospective UDI customer at 6:19PM from the phone in the house. That phone call, misinterpreted by the prosecution, would later be the basis for their second theory as to when they claimed that Dave killed his wife and children. That theory, however, would also prove to be false.

After the unsuccessful phone call to the potential customer, Dave then logged onto his computer and checked his small portfolio of stocks. He may also have been thinking about playing golf the next day with Sam and two others in Jasper, Indiana.

While on the computer, Dave also had on the television and he didn't hear the Schwan's man when he first rang the doorbell at approximately 6:35PM. Dave finally heard the bell and then opened the door and then went through the Schwan's book and placed a small order which included jalapeno poppers, a favorite of Kim's.

The Schwan's computer verified the name, date and time of the sale. The salesman left the Camm residence at approximately 6:45PM. He later told the police that he had noticed that Dave was dressed to play basketball when Dave answered the door.

Dave subsequently left his house driving the company truck at approximately 6:50PM and arrived at the church, located approximately two and a half miles away, at approximately 6:55PM. He and a few others had already arrived and when Jeff arrived, Dave walked to the entrance with him. Jeff unlocked the door and then disengaged the alarm system. It was 6:59PM.

The players began shooting around and didn't start playing until ten players were present. They didn't know if ten would show up, but several minutes after seven the tenth player did show. The ten players, the only ones present, shortly thereafter began playing five on five full court. They began their game at or about the same time that Kim and the kids left the Hazelwood parking lot.

How long does a college basketball game last? The answer is two, twenty minute halves with a fifteen minute intermission. So, a college game lasts fifty-five minutes. Therefore, if a game begins at 8:00PM, everyone is assured of leaving by 9:00PM, correct? Not at all. How many time-outs are called? How many fouls? Is time called for an injury? Does the halftime break exceed fifteen minutes? There are many variables involving the length of a scheduled ball game and so it is with a bunch of pickup games.

The length of a pickup game is not only dictated by the score. A game may last till one team reaches 24 points and wins by four points, but how long will that game last? It depends. Is one team hotter than a firecracker and making all of their shots? Are both teams playing great defense and getting a bucket is difficult? Are a lot of fouls being called? The answer is the same as a scheduled game. No one knows how long a game will last. A pickup game may last 15 minutes or it may last 30 minutes or longer, again depending on a lot of variables.

Nonetheless, Sam Lockhart arrived at the gym during the first game. During his first interview with the police the day after the murders, Sam said that he got to the gym at approximately 7:15PM and the ten other players were playing full court. He was the eleventh and final player to arrive. At the time, Sam was 56 years old and although a former basketball player, his knees, feet and ankles were hurting. Indeed, Sam was by far the oldest player present and he wasn't looking for a full-scale workout as were the other players.

Sam's account of that evening has been consistent since being first interviewed and has not deviated at all in many different interviews, under oath at depositions and under oath at two trials.

Much has been made of the fact that Sam is an alibi witness for his nephew. Originally, however, when the police accused Dave of killing his family after he arrived home after 9:00PM, Sam wasn't an alibi witness, nor was any of the other nine basketball players (Eric Minzenberger, Martin & Jeff Dickey, Scott Schrank, Jeff Lockhart, Philip Lockhart, Jeremy Little, Mark Werncke and Tony Ferguson) who were with Dave throughout the evening until shortly before nine.

Tom Jolly, the Church Elder who stopped by and who sat with Dave on the baseline while he sat out his one game wasn't an alibi witness either. It was only after the prosecution's theory changed, and changed twice, did the basketball players become liars. Their stories about Dave being present throughout the evening and not leaving the gym and obviously not returning to the gym have been consistent.

While the ten players, including Dave, ran up and down the court, Sam shot baskets at the opposite end of the court and then got out of their way as they returned to the other end. The first game eventually ended and the original ten players took a few minutes break as they drank water, visited the men's room and shot a few hoops. Sam didn't want to play and he refused an offer to do so. The original ten then began their second game as Sam continued to walk around and shoot baskets, making sure he wasn't in the way of the ten.

The first game ended and the second game began somewhere around 7:35-40PM. It was shortly after 7:30PM when Debbie Ter Vree turned into the driveway shared by her family and the Camm family. Debbie is the youngest of the nine Lockhart children and that evening her ten year old daughter, Hannah, asked her mother to let her out and to allow her to visit with Brad and Jill. Debbie stopped her car but noticed that the lights were off in the Camm house and recalled that it was Brad's swim night. She told Hannah that they weren't home and she then drove back to her house. If Debbie hadn't recalled that it was swim night, Hannah possibly would have been the fourth victim.

A neighbor of the Camms, John Galloway, was interviewed by the ISP and he told the detective that he saw Kim's black Bronco turn off of Alonzo Smith Road onto Lockhart Road at approximately 7:35PM. The ISP conducted interviews of several other neighbors within hours of the murders. After Dave was arrested, however, they stopped their neighborhood investigation and many neighbors weren't interviewed at all.

If they would have continued to conduct such interviews, they would have learned that at approximately 7:05-10PM another neighbor noticed that a car was parked on the side of Alonzo Smith Road, by a vacant garage, and approximately a quarter mile east/southeast of the Camm residence. The area where the car was parked would have allowed the occupant(s) to walk through the wooded area behind Amos Lockhart's house and across the road to the Camm residence without being noticed. An aerial photograph of Lockhart Road and Alonzo Smith Road reveals how easily a person could sneak to the Camm residence without being seen, particularly at dusk.

At approximately 7:40PM, or at approximately the same time that the guys were getting ready or had just started their second game, Carol Broadus, another neighbor to the east of the Camm residence and who was walking her dog, heard the sound of a woman screaming. Mrs. Broadus told the police that it sounded as though the woman was in distress.

The lead detective in the initial investigation was Sean Clemons and he later alleged that the time of the murders was after 9:15PM or after Dave returned from playing ball. His probable cause affidavit, which alleged the timing of the murders, was also filled with other allegations that weren't accurate. Once that scenario about the time of the murders wasn't workable, the police and the prosecutor put forth at least three different theories about when the family was murdered until eventually they had Dave sneaking out of the basketball games, not being seen by anyone leaving or returning and not being missed. It was during this time, they alleged, that he killed his family.

In order for that last theory to work, however, Dave had to sneak out of the basketball game, drive home, wait for his family to arrive (would they stop and get something to eat and delay the waiting?), engage in a death struggle with Kim (she had multiple bruises and abrasions, including a defensive wound), shoot and kill them, remove Kim's shoes and pants, rearrange the crime scene, add bleach or cleaning solution to the blood flow of Kim, get back into his truck with a bloody shirt and bloody shoes, drive back to the gym, and begin playing ball as though nothing had happened and continue to play without exhibiting any noticeable change of demeanor. All of that, of course, and hope that not one of the ten basketballs players noticed him gone.

That scenario also mandates that Dave managed to shoot his wife and children at close to intermediate range and to have done so without transferring any blood to his truck from his T-shirt or shoes. That scenario also mandates that the other ten players (and Tom Jolly) wouldn't have noticed his bloody T-shirt or shoes.

Nonetheless, as the second game wound down, Sam was asked by Dave if he wanted to play. Sam decided to play and Dave than sat out as the third game began at approximately 8:15PM. There were still ten players, but Dave as the 11th player was on the sidelines. Near the same time, however, Tom Jolly, one of the founding members of the church, walked into the gym and sat at the south end of the gym behind the south goal. He and Dave spoke with one another and they talked about Tom's sons, both of whom were around Dave's age.

The prosecution made much of the fact that not all ten players could claim that they saw Dave every minute of every game or constantly throughout the breaks. The prosecution also asked the players who scored the first basket, who scored the most, who was guarding who and the score of each game. The ball players were honest. They couldn't answer such questions. They also couldn't answer questions about precise times.

What they could and did answer, however, was the fact that it took ten players to play five on five. Dave was one of the two five man teams during the first two ball games, or until Sam, the 11th player, decided to play at approximately 8:15PM.

The ball players obviously didn't check their watches nor did they know the exact scores or the lengths of the games. They did know that Sam replaced Dave and that Dave was on the sidelines speaking with Tom Jolly when he didn't play. Scott Schrank testified that he played the first game then Sam played. Schrank also testified that there was only one person to replace him when he sat out and that was Dave. That only makes sense. Eleven players and two five man teams. One man sits out. According to Schrank, he then sat out at approximately 8:35PM, Dave replaced him, and then Schrank left at approximately 8:40PM as the last five on five game was being played.

By trying to depict the basketball players as confused or lying, the prosecution, which has traditionally claimed the mantel of truth seekers, resorted to what they normally claim is a defense tactic of trying to muddy the waters by asking such questions as who was guarding who and how many points a player scored. Rather than seek the truth, they sought confusion.

Indeed, in the 48 Hour episode, prosecutor Steve Owen, during a strategy meeting of how they would discredit the basketball players, told the others, "They don't know who's there, they don't know how many games they played, ah, they don't know what they're wearing, they don't know, ah, just a lots of things, and I think that's sorta where our cross examination could go, ah, their inability to remember things." He was wrong about them not knowing who was there but he was right about them not remembering other insignificant things and his cross-examination later did focus on asking the players who they guarded, how many points were scored, the difference in scores and other inconsequential questions.

At that same strategy meeting filmed by "48 Hours" Investigator Wayne Kessinger added that the only person the other ballplayers saw sitting out was Dave. That of course wasn't true because the others saw Sam and Scott Schrank also sit out. The police and the prosecution didn't have their facts right.

At approximately 8:55PM Sam and Mark Werncke left the gym, leaving eight men to play four on four man teams. Those eight players played well past 9:00PM and after the last game, all eight left as Jeff Lockhart engaged the alarm at 9:22PM. The seven other players, including his cousin Phillip, positively placed Dave as leaving at the same time. The engaging of the alarm, although verified by the alarm company, was also corroborated by cell phone records of several players who called their wives after the alarm was engaged.

The first probable cause affidavit, however, filed less than 70 hours after the crime, alleged that Dave had left the game "on or around 9:00PM." The police hadn't fully interviewed the ball players or Tom Jolly nor had they sought or obtained any alarm records when Dave was arrested. The alarm was set at 9:22PM and Dave was present when it was set.

(It's interesting to note that the prosecution didn't claim that the other ball players were lying when their stories didn't hinder the different theories but only when their stories rebutted the contention that Dave snuck out of the gym.)

At approximately 9:26PM Dave arrived home and as his garage door was raised he saw what he first thought was Jill lying on the floor with a massive pool of blood and serum trailing from her head and towards the now open door. Dave initially didn't comprehend what he saw but he quickly parked his truck outside the garage and ran inside where he discovered that it was Kim.

Although Dave realized that his wife was dead, it took him a moment to register that the kids weren't around. When he looked into the Bronco he saw both Jill and Brad. Whatever thoughts went through his mind, at least one burst forward and that was that he thought that Brad might be alive. Indeed, Jill was shot in the head and Brad was slumped over the back seat. Dave entered the Bronco, went through the two bucket seats and retrieved Brad and placed him on the garage floor near the rear of the Bronco and then began performing CPR. It was fruitless because Brad was dead.

At 9:29PM Dave raced into the house and telephoned the ISP Sellersburg post and began yelling and screaming for help. The police and prosecution made much of him not dialing 9-1-1 but rather calling the agency where he had worked for ten years.

According to the police, Dave thought that he was going to be able to control the investigation by calling his old ISP buddies. If that were the case, he could have called 9-1-1 for the Floyd County Sheriff. Sheriff Randy Hubbard, after all, was a close friend and was a major reason why Dave was in law enforcement in the first place. There's nothing sinister or controlling about calling and literally yelling for help from your former law enforcement associates and friends.

Dave than ran across the road to Amos' house where Nelson was on the phone with Sam. Dave was yelling and screaming that his family had been killed. It was 9:31PM. Nelson ran behind Dave to the open garage and saw the carnage. After seeing that all three were dead, his 35 years of law enforcement forced him to grab Dave and to tell him that it was a crime scene and that they couldn't go back inside the garage.

Shortly after this, Rusty the family dog appeared and was quickly placed into the adjoining detached garage where Dave had been working on his Corvette and Brad's Mustang. Nelson didn't realize that the side door of the detached garage was still open and had to repeat the process in order to keep Rusty from entering the crime scene.

(Note: the prosecution also made much of the fact that Rusty, a community dog who spent a lot of time at the Ter Vree residence, didn't have bloody paws, inferring that Dave had to have kept the dog out of the garage.)

At approximately 9:40PM Sam and his son Phillip arrived and also saw the carnage. Moments later ISP Detectives Sean Clemons and Roger Halbert arrived and a 70 hour police investigation began which would result in Dave being arrested based upon a probable cause affidavit that was fraught with inaccurate information and false assumptions and conclusions that were based primarily on the assertions of a Blood Stain and Crime Scene Reconstruction "Expert" called to the scene by prosecutor Stanley Faith.

That "expert," Rob Stites, wasn't a crime scene reconstructionist and hadn't even taken the 40 hour elementary course on blood stain analysis. He later claimed that he and Clemons were just brainstorming and that his role was to only take photographs and notes. Nonetheless, he was the person who provided much of the basis of a probable cause affidavit which alleged that a husband and father had murdered his wife and children.