A True Account of My Wrongful Conviction by the Corrupt Criminal Justice System in Los Angeles County

By Scott Shields – From Don Bohana’s Written Words

At the end of the day, I am also hoping that this true third-party fact-supported expose reaches someone from President Donald J. Trump's Department of Justice who will contact me and agree to examine the "Independent Third Party Evidence", the bedrock for this article, and commence a full and impartial investigation of the government corruption that fostered this egregious miscarriage of justice. I am more than confident that we will be in agreement: the Los Angeles County District Attorney and the entire Los Angeles County Criminal Justice System needs federal government intervention.

Governor Newsom's Refusal

After being repeatedly turned down for parole, my attorney Bruce Zucker filed a clemency petition with Governor Gavin Newsom. Bruce had numerous conversations with Eliza Hearch and Mr. Anderson, the employees assigned to review my clemency request.

I also asked my friend of many years to intercede, and he approached a close Assembly member who agreed to raise the matter with the Governor on my behalf. What came back from the Governor's office was stunning. The Assembly member was told that Newsom said that if he offered me a commutation, "the Jackson family would do the same thing to him as they did to me." That is not a judgment about the evidence. That is a Governor openly admitting he is afraid of a wealthy and powerful family, and willing to leave an innocent man in prison because of it. Consider the contrast.

Governor Newsom issued commutations to 198 inmates, individuals convicted of horrible and horrendous murders, yet he refused a commutation for me, not based on any review of the documented corruption in my case, but for selfish political reasons. Be mindful: prior to this case, I had never been involved with the criminal justice system in any capacity. My entire life has been one of lawful conduct and community service. Yet the Governor of California chose politics over justice, in full view of the evidence presented below.

Background and Incident

August 27, 1994. Dolores Jackson, sister-in-law of the late Michael Jackson and ex-wife of Tito Jackson, accidentally drowned in my backyard swimming pool. In the months leading up to the accidental drowning, Dolores and I would see each other primarily on Fridays and Saturdays.

I want to share with you who I am. I am the former President of a California Life Insurance Company, Founding Director of Guardian Bank, Los Angeles, California, former Chairman of the Los Angeles County Aviation Commission, and past Chairman of the Los Angeles County Adoption Commission. In 1973, I along with Superior Court Judge Harry Schafer started "Adoption Day In Court" with a goal of getting more African American families involved in adopting. I was also a member of Mayor Tom Bradley's Blue Ribbon Commission "LA 2000." I was the first African American to be awarded a "Denny's" Restaurant franchise. I constructed the first sit-down restaurant post the Summer 1965 Watts Riots in November 1992. I am a single parent who raised 2 girls. Both are college graduates—one from University of Southern California, the other from Pepperdine University, Malibu, California. Pepperdine is also my alma mater—B.S.-MBA. I am a licensed Private Pilot with over 1,200 hours of Pilot-In-Command experience. Lastly, prior to Dolores' accidental drowning, I had never been involved in the Los Angeles County Criminal Justice System. On Friday, the day of the incident, August 26, 1994, I spent the greater part of the day with my daughter Donna.

I was also preparing my home to host over 100 invited guests for a bridal shower for Donna, scheduled for Sunday, August 29, 1994. As previously mentioned, Dolores would usually come over to my home on Friday if I were in town and not away for business purposes. It was not unusual for us to sit in my jacuzzi and swim to a light at the far end of the pool. Dolores was a "heavy" drinker of Rum and Coke. On this occasion, I limited myself to a glass of Bel Harbor White Zinfandel wine. After several hours in the jacuzzi and swimming pool, I exited the pool and sat at a patio table adjacent to the pool. After some time, I noticed Dolores was not propelling herself with vigor and realized something was amiss. I immediately jumped into the pool and tried to grab her, but with a lack of reserve oxygen due to my Bel Harbor wine, I was unable to stay down long enough to reach Dolores.

I hurried and retrieved a pool pole and was able to get it under her and leverage her to a point where I could jump back into the pool and get my arm around her body and flip her onto the coping. I immediately called 911 after doing CPR, and they arrived shortly thereafter. Dolores was transported to Daniel Freeman Hospital via Goodhew Ambulance Service. She was later pronounced dead at 4:20 AM by the Daniel Freeman Emergency Room physician.

Initial Investigation

Approximately, 7:30 AM, Sgt. Robert Snapper and Sgt. David Watkins from the Los Angeles

County Homicide Unit arrived at my home to interview me. My brother, Lawrence Bohana,

had been previously called by me to come to my home. Lawrence lives approximately 9

homes from my residence. Sgts. Snapper and Watkins asked me if they could walk through

my home on their own. I said yes. I have a copy of their written report that describes my

house as "well-kept and tidy throughout." It further states that nothing appeared amiss, all

rooms were well maintained, and nothing was out of order. Sgts. Snapper and Watkins

examined my backyard and pool area and found there was nothing suspicious, amiss, or

unusual. My interview lasted approximately 3-4 hours. I answered all of their questions

truly without any hesitation. When the two detectives left, I did not hear from them again.

That was August 27, 1994.

The Los Angeles County Coroner's Office issued an official autopsy report on or about

September 15, 1994, listing Dolores Jackson's cause of death as "undetermined accidental

with high alcohol levels .24." Dr. Michael Baden, MD, forensic pathologist retained by me,

estimated the blood alcohol level at .44 at the time Dolores Jackson lost consciousness, 2

hours prior to her blood alcohol level checked at Daniel Freeman Hospital Emergency

Room.

The Jackson family admitted to hiring a Public Relations firm to keep the drowning in the

news and get "justice for Dolores." This firm began to plant a plethora of false and

inflammatory stories concerning me and my character. All of these stories were completely

false and completely made up.

The Changing Autopsy

On September 10, 1996, Dr. David Posey, MD, fraudulently changed Dolores Jackson's

cause of death from "undetermined – accidental" to "homicide assisted drowning."

It is critical that I now inform you of just who Dr. Posey is. Dr. Posey was hired by the Los

Angeles County Coroner's Office on July 27, 1994, as a Physician Assistant. His

documented work schedule was 2 days per week; Saturday and Sunday nights. Dr. Posey

was not hired as a medical examiner or forensic pathologist. This is clearly documented.

The Jacksons' attorney, Brian Oxman (now disbarred), deputy district attorneys Patricia

Titus and Lori Ann Jones illegally paid Dr. Posey to illegally change Dolores Jackson's cause

of death from "undetermined accident" to "homicide assisted drowning" on September 10,

1994.

Dr. David Posey submitted a written letter of resignation on December 31, 1994, to Dr.

Lakammann, the Los Angeles County Coroner. This letter resignation was date-stamped

accepted by Dr. Lachmannan on January 1, 1995. On February 14, 1995, documents show

that Dr. Posey turned in his ID card, badge, and office keys to the office staff. Thus, as of

February 14, documentation provided unquestionably proves Posey had no legal access to

the Los Angeles County Coroner's Office.

This begs a multitude of questions: who made him illegally change Dolores Jackson's

official autopsy from "undetermined accident" to "assisted drowning homicide?"

Considering the number of spelling errors and the lack of Los Angeles County Coroner's

Office identifying stationery, we are 100% certain that David Posey prepared this change of

opinion on a home computer. The next oddity: why did Dr. Lakashmmann wait over 1 year

to countersign for it to become official?

Grand Jury Indictment

On March 7, 1997, I was arrested for first-degree murder of Dolores Jackson as a result of a

Grand Jury indictment returned on March 6, 1997. Through a public records search on or

about January 2018, we discovered that Dr. David Posey had been hired by the Los Angeles

County District Attorney's office to testify at the Grand Jury hearing which indicted me!

Moreover, rather than testify truthfully, DR. DAVID POSEY TESTIFIED THAT HE WAS A

FORENSIC PATHOLOGIST CURRENTLY EMPLOYED BY THE LOS ANGELES COUNTY

CORONERS OFFICE!! The third-party documented evidence clearly reveals that Dr. Posey

resigned on January 31, 1995, and turned in his Badge and Identification card on February

14, 1995. Tellingly, Deputy District Attorney Lori Ann Jones paid Dr. Posey in excess of

$675.00 to perjure himself to the Grand Jury and assisted in securing a fraudulent Grand

Jury indictment against Donald Bohana for first-degree murder.

It is also important that you know: Lori Ann Jones did not operate in a vacuum. The elected

Los Angeles County District Attorney Gil Garcetti was fully aware of the corruption taking

place in his administration. Gil Garcetti was facing an uphill reelection campaign, and he

was clamoring for a "high profile conviction." What could be better than the Jacksons'

case?

The Timeline Discrepancies

On November 7, 1994, Dr. Posey and Dr. Lachammann issued an autopsy report showing

the cause of death as "undetermined." After two years had passed and without any motive

whatsoever, the Los Angeles County District Attorney's office coerced Dr. Posey, who had

resigned on January 31, 1995, to change his conclusions as to the cause of death on

September 10, 1996. I was indicted on March 7, 1997, by Grand Jury.

Lori Ann Jones, a Los Angeles County prosecutor (later appointed as a Superior Court

Commissioner FORCED to resign for participating in a criminal bribery scheme), knowingly

paid Dr. David M. Posey to perjure himself:

a. Dr. David Posey stated he was a current Los Angeles County Coroner's Deputy Medical

Examiner. Documented evidence refutes this claim 100%.

b. Dr. David Posey testified to the Grand Jury that he changed his autopsy opinion AFTER HE

MET AND REVIEWED AN AQUATIC REPORT FROM William Richardson. Deputy District

Attorney Lori Ann Jones told him to perjure himself and say the aforementioned.

c. The documented fact: Dr. Posey changed the Official Autopsy Report on September 10,

1996. William Richardson DID NOT MEET Lori Ann Jones and Sheriff's Sergeant Robert

Snapper at Sheriff's Maywood Office UNTIL September 14, 1996—FOUR (4) days AFTER

Posey changed Dolores Jackson's Official Autopsy from "undetermined-accident."

Although Posey was not eligible to testify in my trial (which I will get to later), at trial he

testified as follows: "Did you meet Mr. Richardson in the hallway today?" Answer: "Yes...but

I NEVER discussed the case with him!" Incredible—he TOLD the Grand Jury that it was the

aquatic report that HELPED him reach his new opinion. Furthermore, under cross

examination, Posey ADMITTED TO NOT HAVE EVER SEEN ANY REPORT...he admitted under

oath that he relied upon what Lori Ann Jones told him. In other words, he changed the

autopsy because the Los Angeles County District Attorney wanted a conviction. Is this

justice in America?

California Supreme Court Petition

In May of 2002, I filed a Petition for Review in the California Supreme Court. On July 17, 2002, the California Supreme Court granted my Petition. The California Supreme Court ordered an evidentiary hearing on the following question: Did trial counsel render ineffective assistance by failing to call experts to testify at trial? Did trial counsel render ineffective assistance by failing to request an instruction on "accident and misfortune"? Rather than follow the California Supreme Court's order, the Los Angeles County District Attorney met with trial counsel whose performance was called into question by the California Supreme Court and AGREED to prepare a detailed declaration for his signature AND prepare scripted questions for his testimony! How did I uncover this explosive information? Public Records Search of Deputy District Attorney Hyman Sisman files. Moreover, we found every single piece of confidential correspondence that I had given to my trial attorney Harland Braun. The California Supreme Court questioned Harland Braun's defense of me.

Conclusion In summary, I have now experienced injustice at every level of California government. A corrupt District Attorney's office in Los Angeles County, and a Governor who refused to right the wrong out of fear of the Jackson family. It is my fervent hope that someone in President Donald J. Trump's Department of Justice will review this article... Don Bohana can be reached at DJBohana@gmail.com – (805) 907-5588