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Troubling Questions.

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About Dave Harrison - Troubling Questions

DISTRICT ATTORNEY SUPPRESSES EVIDENCE OF INNOCENCE IN DECADES-OLD MURDER CASE!

In 1990 I was falsely convicted for the murder of my ex-wife, Ann Jenkins -- a crime of which I am 100% factually and morally innocent. That travesty of justice was the result of a glaringly incompetent defense attorney and a rabid (malefactor) prosecutor, Larry A. Burns, who is now a federal judge in San Diego, California. Burns boasted to defense counsel that he was "morally certain" I did not commit the murder but "bet" he could "win" a conviction. The only eyewitness to this 100% circumstantial evidence prosecution testified:

  1. to observing an argument occurring at the driveway of the residence wherein the murder occurred,
  2. that the victim was arguing with a man who was not me, and
  3. that the man was standing alongside a truck identical to the truck owned and driven by Gary Jenkins, Ann's husband.
As it happened, Gary Jenkins profited in many ways from the death of his wife; they had just recently won nearly three-quarters of a million dollars in the state lottery.. Upon Ann's death, Gary Jenkins conveniently gained his freedom (Ann had informed Gary of her intention to divorce due to his ongoing physical abuse of her, his excessive drinking and his womanizing) and pocketed Ann's share of the lottery winnings. Not surprisingly, the first thing Gary Jenkins did was cry wolf and point his finger at the ex-husband. Law enforcement agents never gave Gary Jenkins much of a look, despite later facts establishing that Gary Jenkins did not have an alibi for the time of the murder and had lied extensively to those agents (no matter, since those agents had already publicly decided who they wanted to convict, regardless of inconvenient evidence to the contrary). Since my false conviction in 1990, I have been unrelenting in pursuing my freedom, and have never wavered in my protests of absolute innocence. Evidence exists to prove my innocence.

The only physical evidence from the crime consists of two hairs, which Burns argued forcefully at trial matched the color of my hair. Unfortunately, the science of Deoxyribonucleic Acid ("DNA") testing was in its infancy in 1990, and was not then capable of testing the hairs collected from the crime scene. Since that time, great advances have been made in the science of DNA testing, e.g., Mitochondrial and Short-Tandem Repeat testing methods, which can now test the hairs with certainty of identifying the/their donor(s). The hairs remain in the possession, custody and control of Bonnie Dumanis, District Attorney of San Diego, California. Dumanis, however, knows the truth of my false conviction, and she is beholden to Burns. San Diego is very much a small town when it comes to the confederacy of law enforcement authorities and the quid pro quo between state and federal law enforcement personnel. Dumanis also knows the state will suffer huge financial costs once my innocence is proven, and that careers will be tarnished and/or destroyed. Dumanis and Burns are deeply invested in covering-up their injustices and making sure my innocence is never unearthed. Thus, Dumanis continues to do all in her power to keep the hairs suppressed -- wasting hundreds of thousands of California taxpayers' dollars over the past decade in opposing my every effort to gain access to the hairs for DNA testing.

Indeed, Dumanis opposes my access to the hairs despite my repeated offers to pay every cent of DNA testing; no cost to her Office or to the taxpayers of California. Furthermore, I have repeatedly offered Dumanis a written CONTRACT stating explicitly that if she would agree to DNA testing of the hairs and if DNA testing establishes either of the hairs to have come from me then I will immediately cease, for all time, my efforts at vindication; what would seem like a gift ... if Dumanis truly believed in my guilt. To the contrary, Dumanis and Burns know that since I have never set foot inside the residence wherein the murder occurred the hairs cannot even accidentally be mine. Assuredly the hairs were left by the perpetrator(s) (it would be virtually impossible not to leave transfer evidence at the crime scene of the very much hands-on murder of Ann Jenkins).

On 18 June, 2009, the United States Supreme Court held that prisoners, such as myself, who are falsely convicted have no constitutional right by which to force state law enforcement authorities to provide access to biological evidence for post-conviction DNA testing. The Supreme Court left questions of access to the individual states. Not surprisingly, Dumanis continues to oppose my efforts to gain access to the two hairs.

Truth and justice are being suppress by Dumanis, and Burns, where proof of my innocence rests in DNA testing of the two hairs.

* Bonnie Dumanis can be contacted at:
http://www.sandiegoda.com
(619) 531-4040

"Only the guilty go quietly to the gallows!"



TROUBLING QUESTIONS

WHY DOESN'T THE DISTRICT ATTORNEY'S OFFICE WANT -- IN THIS OTHERWISE 100% CIRCUMSTANTIAL EVIDENCE CASE -- TO TEST THE DNA EVIDENCE IN ITS POSSESSION THAT WOULD BE DETERMINATIVE OF HARRISON'S INNOCENCE?

WHY IS THE DISTRICT ATTORNEY'S OFFICE OBSTRUCTING HARRISON'S PERSISTENT EFFORTS TO HAVE TESTED THE DNA EVIDENCE RECOVERED FROM THE VICTIM'S BODY?

WHY, IF THE DISTRICT ATTORNEY'S OFFICE BELIEVES HARRISON'S CONVICTION TO BE TRUE AND CORRECT, IS THAT OFFICE NOT JUMPING AT HARRISON'S OFFER TO CEASE ALL EFFORTS FOR VINDICATION IF THE DNA TESTS SHOW THAT EVIDENCE TO BE FROM HIM?

WHY ISN'T THE DISTRICT ATTORNEY'S OFFICE TESTING THE DNA EVIDENCE IN ITS POSSESSION THAT WOULD DETERMINE WHETHER HARRISON SUFFERS AN UNJUST CONVICTION AND FALSE IMPRISONMENT?

ADDITIONAL TROUBLING QUESTIONS

WHY, AFTER ENTERING INTO A WRITTEN AGREEMENT NOT TO PROSECUTE HARRISON IN THE EVENT HE AGREED TO TAKE, AND PASSED, A GOVERNMENT ADMINISTERED POLYGRAPH TEST AS TO THE MURDER, DID LARRY A. BURNS TAKE IMMEDIATE PERSONAL POSSESSION OF THE TEST RESULTS AND CONCEAL THEM FROM HARRISON AND THE COURT, UNLESS HARRISON, IN FACT, DID PASS THE POLYGRAPH TEST (TO THIS DAY, DESPITE INTENSIVE EFFORTS, LARRY A. BURNS REFUSES TO DISCLOSE OR EVEN DISCUSS THE TEST RESULTS)?

WHY DID LARRY A. BURNS BOAST TO DEFENSE COUNSEL THAT HE WAS "MORALLY CERTAIN" HARRISON DID NOT COMMIT THE MURDER, BUT "BET" HE COULD "WIN" A CONVICTION?

WHY DID LARRY A. BURNS DESTROY EVIDENCE?

WHY DID LARRY A. BURNS CONCEAL EVIDENCE EXCULPATORY TO HARRISON AND MATERIAL TO THE IMPEACHMENT OF THE STATE'S PRIMARY WITNESS?

WHY DID THE JUDGE AND LARRY A. BURNS HASTILY DECIDE TO "SEAL" THE WRITINGS LEFT BY RELUCTANT GOVERNMENT WITNESS, DAVID JOHNSON, WHOM MANY SUSPECT TO BE THE MURDERER, AND WHO COMMITTED SUICIDE SHORTLY AFTER BEING FORCED TO TESTIFY. WHAT IS SAID IN THOSE WRITINGS THAT THE JUDGE AND LARRY A. BURNS FELT SO UNDERMINED HARRISON'S CONVICTION THAT IT HAD TO BE KEPT "SEALED" FROM HARRISON?



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About Dave Harrison
and Frominside.com.
Troubling Questions.

Home - Dave


Dave's state & federal cases, articles, and commentary.

Inside FromInside


Over a hundred examples of habeas corpus & other filings.

Legal Manuals


If you have any comments or questions please contact us.

Contact Us