Not a Sexual Assault

Kim was clad only in black panties and a top and wasn't wearing her pants and shoes. Evidence Technician Niemeyer said of the crime scene and Kim's lack of pants and shoes that it "didn't seem to be a rape." Detective Sammy Sarkisian testified, about Kim's lack of clothing, that he "didn't understand that." Lead Investigator Sean Clemons acknowledged seeing Kim stripped to her panties but didn't follow up on the possibility of sexual assault but rather focused on his theory that there had been a "manipulation" of the crime scene and that Kim, without her pants, was part of that "manipulation."

It was the young trooper, Josh Banet, however, who testified of Kim possibly being sexually attacked that "common sense would take over and you'd think along that line." Unfortunately, common sense didn't take over and the possibility of a sexual assault of Kim was dismissed.

There was no other attempt to explain the removal of Kim's shoes, stockings or pants after rape was ruled out. Even after the identification of Charles Boney's DNA and palmprint at the scene, and the revelation that he engaged in a different kind of sexual fetish, sexual motives weren't taken seriously by the police or prosecution. The police apparently thought that the only type of sexual assault possible was rape and Kim apparently wasn't raped. A later search of the septic tank at the Camm residence revealed the existence of two condoms which had the appearance of being relatively new additions. Kim and Dave didn't use condoms. The condoms were collected for evidence but were later lost prior to being tested for DNA.