(WHAS11) -- Mala Singh Mattingly, Boney's girlfriend at the time of the murders of the Camm family on Sept. 28, traveled all the way from Trinidad to Lebanon, Ind. to testify in David Camm's third trial.
She said she met Charles Boney when she was 19-years-old. She said that on the night of Sept. 28 Boney left around 6 p.m.
'He just said he was going to help a buddy,' Mattingly said.
Mattingly said she stayed at his mother's house and watched TV. She said that after she went to bed he returned later that night and he was excited.
'He was worked up. He was breathing heavy,' Mattingly said and It was then she saw him unwrap a gun to show it to her.
She said she also noticed he had a scrape on his knee.
She said she became scared and told Boney to get it out of the house.
The following morning Mattingly said Boney wanted her, his mom and him to watch the news coverage on the television.
It was then, Mattingly recalled, that Boney and his mother got into an argument and she left the room to get a shower and change. When she returned everyone had left.
Mattingly said she called a friend, Tina Lalla, to come pick her up and take her home.
Two weeks later Mala ended her relationship with Boney.
'This is one relationship that didn't need to happen,' Mattingly said.
Under the prosecution's questioning Mattingly said she wore Boney's clothing from time to time and said how blood found on Boney's sweatshirt could have gotten there.
'I am a diabetic and I have to test myself so blood could have gotten on it that way,' Mattingly said.
But under Uliana's questioning, Camm's defense, Mattingly said she did previously say to police she would never have worn his clothes. Mattingly also gave police two other excuses as to how blood got on the sweatshirt: her menstrual cycle and Boney had given her oral sex during her menstrual cycle.
Uliana also pointed out that on April 1, 2005 Mattingly had talked to police over the phone and they had asked her three times if Boney had ever had a gun and Mala had told them no.
Uliana also asked Mattingly about her alibi for the night of Sept. 28. She was the only one home at the Boney house so no one can attest to the fact she was watching TV.
Mistrial motion
Court started with a hearing outside the presence of the jury concerning statements made by Mattingly that had not been released by former prosecutor Kieth Henderson. The defense wanted to file a motion for a mistrial due to the statements. In the statements she had said Boney had a picture of Kim Camm and Brad Camm. The prosecution said that it was a picture of Boney's former wife and child.
Meyer pointed out that Mattingly was available to the defense before today and they could have done some exploratory questioning into the statements with her.
'To go back and question Boney...it's way too late in the game. It's not so much about what she says, it's about what Boney would say,' Kammen said.
Judge Dartt said that he would at the very least allow for Boney to be called again so he could be questioned about the statements, but Dartt will make a ruling on the mistrial motion at a later after he reviews the statements himself.
Tom Bevel
The second witness that caused a second hearing outside the presence of the jury was Tom Bevel. The defense felt that there were some foundational issues concerning evidence and the testimony of Tom Bevel. Kammen said Bevel, another blood stain expert called by the state, is seeing blood where no one else had seen it and that there's no 'adequate foundation' for it. The defense wants there to be factual evidence to support Bevel's opinion, whether it be a picture of a blood stain or a DNA test.
Kammen had Bevel point out in his notes where he had documented seeing blood stains in the Bronco.
'This is all made up stuff, ' Kammen said. 'If you look at his notes there is no shred of this mentioned.'
Levco followed up by saying, '[Bevel] doesn't have to diagram in his notes as to what he's going to say at trial.'
There's a picture with red lines that are supposed to illustrate the location of stains in the Bronco.
'The red lines are a general location of where there are blood drops,' Bevel said.
Bevel came to his opinion after looking at the Bronco in person and analyzing 400 to 700 pictures. Tests were not run on the spots to see if they tested positive for blood.
Kammen says Bevel's opinion has been a 'moving target' since his deposition in May.
'This is completely new stuff we are surprised by,' Kammen said.
Judge Dartt will be looking over Bevel's previous depositions and see what was and wasn't discussed and could have a decision as early as tomorrow on how to move forward with the witness.
Court was called to a close early today due to the fact they could not move on with the testimony of Bevel until there's a decision.
Other witnesses
The man who sold a gun to Boney, Ernest Nugent, said he sold only one gun to Boney at their place of employment, Anderson Wood. Nugent said he sold the gun to Boney between the months of October or December of 2000. It contradicts Boney's testimony because he said he bought a gun from Nugent at a 4-H fairgrounds around September.
Darrell Gibson, an ISP detective at the time of the murders, talked about the the times he questioned Camm and some of his comments at the time of the murders. Gibson was there when the registered nurse collected samples from Camm for a rape kit. He described multiple comments Camm made at the time for the jury.
Gibson said Camm said, 'If he knew he was going to have to do this he would have used conditioner.'
Another statement Gibson said he heard Camm say was, 'This is what you have to do after you kill your wife and kids.'
Gibson described Camm as a friend he knew through work and that he felt the comments were all said in a joking manner.
