Transcripts For KGO 2020 20171008

Depression. The powerful Jackson Family wages a campaign, calling for a murder charge against that boyfriend, the last one to see her alive that night. He killed my mom. Convicted by a jury, spending 20 years in prison. But he says he should be free. So does his daughter, who is fighting back tonight, looking for any shred of evidence that might get him out. His first interview from jail. Did you kill dee dee . No, absolutely no way. And listen to the world famous Expert Witness the jury never heard. There was no evidence to indicate that she had been murdered. A Jackson Family mystery you havent heard, still playing out tonight. Good evening. Thank you for joining us this saturday night, im elizabeth vargas. And im david muir. Just this week a petition was filed that could change a mans life. A plea to a new Wrongful Conviction review unit in the district attorneys office. Another effort to free a man thats spent more than two decades behind bars for a murder hi says he did not commit. This is a death in the world famous Jackson Family, and the resulting murder trial, as youll see, raises so many questions. So, we brent straight to the sources. The Jackson Family, the attorneys and coroner. And the convicted murder himself, whom youre about to hear from a telephone interview with our jim avila. It was very, very hot. Unusually hot in l. A. The moon was out. Reporter an august night in an exclusive los angeles neighborhood. Sea breezes through the palms of a glamorous home, as the owner, dashing l. A. Businessman don bohana, and his divorcee girlfriend dee dee, relax by his backyard pool. Wed go out sit by the pool, have a couple of drinks. Delores would sometimes have a cigarette. Its very romantic. We ended up going into the jacuzzi, and she swam over to the light. Then i noticed she wasnt really moving. I jumped in, put my arms around her and then flipped her out of the pool. At that time, then i started doing cpr on her. You know, i i couldnt believe it. I just went numb. Reporter so, what happened in this pool on that night . Was it a simple drowning . Was there too much wine . Was the pool just too deep . There were no witnesses, just the two lovers. One drowned, the other now in a california prison, where he can only tell his story over the phone. He says hes in prison today because the woman who drowned here was l. A. Royalty. Divorced from one of the jackson 5. Here, the jackson 5. Reporter the jackson 5, now legendary, catapulting to stardom in 1969 oh baby give me one more chance reporter after we first saw them on the ed sullivan show. Youre going to bust every record in the country. Wonderful to have you on our show. The jacksons were kind of like the beatles in a sense. People would literally faint right in front of them. Dancing, dancing reporter and we all know the hits. Dancing machine and ill be there, courtesy of the five brothers. Jermaine, little michael, of course, jackie, marlon and then there was tito, the second oldest, memorable mainly because he danced with a musical instrument. He was the one that played the guitar. And he will never be forgotten because of that. Reporter the guitar dancer found a new partner at Fairfax High School in los angeles where he met fellow student Delores Dee Dee martes. She had ran up to me and said, happy birthday, and gave me a kiss on the cheek. Reporter so what was attractive to you about dee dee . Well, i was a shy young man, and for her to be so outgoing, i just found that fascinating. Reporter the shy young man is now an international superstar. Yet with dee dee, theyre just Typical High School kids. She didnt even care about him being a member of the jacksons, she just cared about him. Reporter in 1972, the two married right out of high school and dee dee became part of the whirlwind of fame surrounding the jacksons. She was like one of the sisters. She had a little apple green vega. She used to let michael drive it up and down the driveway. Those were the good old days. Reporter sisterinlaw dee dee stayed in the background, far more focused on raising three sons, taj, taryll and t. J. , who bear a striking resemblance to their older, more recognizable jackson relatives. They would go on tour. So, a lot of the times, it was us three and mom at home. Shes very tough, but at the same time, loving. She was really passionate about being a mother. Reporter for dee dee, school and Little League baseball. The local encino ball field is named in her honor. Are far more important than the red carpet and fame and fortune. I think my mom knew that it was not going to be a quote unquote normal life. So she made it as normal as possible. Reporter still, just like their famous dad and uncles, the three boys Start Playing music at a young age. We would take our fathers, you know, outfits and even if they were oversized. We put them on and we were the jacksons. Reporter the boys form the group 3t, and eventually, in the 90s i would do anything girl anything for you reporter theyll be playing stadiums and making records. But while their childrens careers are on the rise, tito and dee dees marriage is on the rocks. It wasnt a bad divorce, where you guys didnt like each other or anything. No, it wasnt. It was just differences. Reporter its l. A. In the mid 90s. The now 39yearold dee dee is hitting the dating market and meets what looks like a potential prize catch. L. A. Businessman don bohana. Hes 20 years old, 59, handsome, wealthy and successful. Making his fortune running hospitals and insurance companies. He was articulate, he was professional, he was always welldressed. I mean, i dont know anybody that didnt like don bohana. Reporter the urbane, debonair bohana lives the high life, owning a fleet of luxury cars and his own plane and boat, hobnobbing with politicians and celebrities. Bohana is also known as someone who gives back to the community. One, two, three. Reporter making a big splash for opening a dennys in watts, the first sitdown restaurant in the pooshr, black neighborhood since the riots of 1965. I believe in putting people to work within their community and thats the change, thats making a statement. Reporter a divorcee himself, bohana meets the bubbly Dee Dee Jackson in the spring of 1994. Daughter donna, who is about to be married at the time, is impressed when she volunteers to help. She became very animated about it and supportive, and i thought, wow, my dads new girlfriend is really cool. Reporter but among dee dees young sons, a totally different vibe. Very cold. Didnt speak. And i didnt really care for him. Reporter bohana and dee dee have been dating just 12 weeks when, in august 1994, she drops by his home in the exclusive Ladera Heights neighborhood. Its 11 00 in the evening, after a late dinner, the two start the weekend ritual. Drinking. Wine for bohana. Rum and coke for dee dee. Around midnight, dee dee gets on the phone with donna. They seemed to be in pleasant spirits and they seemed to be having a great time. Reporter there was no hint of discord or anger or anything like that going on. No. There had never been, at any time. Reporter soon after that, the two lovers get into the hot tub, and the drinks keep flowing poolside. Then, at 3 30 in the morning, 911 gets this emergency call. 911. Whats the problem, sir . Someone fell into my pool. Shes drowning. 64 whos drowning . Come on 64 hang on, hang on. Reporter the lives of two families upended by tragedy. It was just a nightmare. Its like a kids worst memory. Reporter Dee Dee Jackson helpless in 15 feet of water. What was she doing in the water . Dee dee and i, neither one of us swam. Reporter so why was she in the water at all . Stay with us. Woman so, greg, its a lot to take in. Woman 2 and i know thats hard to hear, but the doctors caught it early. Hi, blake my dad has cancer. Woman and i know how hard that is to hear. But youre in the right place. Man and dr. Pascal and her team, they know what to do. They know what to do. The doctors know what to do. So heres the plan. First off, were going to give you all. voice fading away reporter its 3 30 a. M. On that hot august night in los angeles. At Dee Dee Jacksons home in the san fernando valley, a ringing phone wakens the sleeping household. I got a phone call and i was told that my mom had been in an accident and that i need to go to the hospital right away. Reporter paramedics had rushed an unresponsive dee dee to the hospital after an apparent swimming accident at the home of her new boyfriend, don bohana. But before the boys can reach the hospital, doctors pronounce their mother dead. When he said, shes dead, i dont remember anything else he said. Reporter the next phone call is to their dad. It was just horrifying and just the coldest day of our lives. Here, by the bushes, is where Dee Dee Jackson was found. Reporter to unravel what happened in that pool is the job of detective bob snapper of the l. A. County sheriffs department. This pool is approximately 15 feet deep. Reporter evidence of heavy drinking is all around. I found a 1. 75 liter bottle of rum that was empty. And also two quarts of wine. They were both empty. Reporter in fact, snapper can smell liquor on bohanas breath. He had actually blurted out the wrong address when he called 911. Drowning. 64 [ bleep ] holt. Come on, 64 [ bleep ] holt. Reporter and is still drunk hours after paramedics first arrived. I did do a test on mr. Bohana to see how severely drunk he was. He pretty much failed the test. Reporter despite bohanas impaired condition, snapper asks him for a detailed account of just how dee dee has drowned at this very pool. She came over and swam over to him and then go down and touch the pool light. And then do an olympicstyle turn to go back to where the spa was. He then got out of the pool, and then, all of a sudden, he noticed that she was down in the deep end of the pool and it seemed that she was in trouble. He jumped into the pool and then he said that she fought him off. He got out of the pool and used the pool pole and extended that out to dee dee in the water, and she would not grab onto it. He goes in and lifts dee dee up from under her arms. And gets her out of the pool in the deep end. Reporter but it is too late. Snapper says bohana relates the traumatic incident in a precise, matter of fact manner. Was his demeanor suspicious to you in any way . No, not really. No. Reporter but nothing stood out to you that said, wait, this is no accident . True. Reporter word of an accidental death in a family considered hollywood royalty makes big news in l. A. Janet jackson and four of her famous brothers attended the funeral. Reporter like any jackson tragedy, dee dees burial is akin to a state funeral. Former parentsinlaw joe and katherine are seen, and theres exhusband tito. The biggest family superstar avoids the crowds. Instead, michael supporting his grieving nephews in private. I remember our uncle michael flew in town and swept us away. He wanted to protect us from going into some type of terrible depression. Reporter but festering beneath the pain lurks suspicion and doubt about don bohanas story. Family and friends say it doesnt add up for one critical reason. Dee dee is terrified of the water and cannot swim. My first question was, drown . What is she doing in water . Dee dee and i, neither one of us swam. And to hear stories that she was doing these olympic turns doesnt make sense. Doesnt add up. Reporter suspicious. So, all await the coroners report, hoping for answers. The autopsy is conducted by an l. A. County coroner, dr. David posey, a central figure in this drama. But poseys autopsy report adds more questions than answers. With disturbing details. Dee dees blood alcohol level is shockingly high. Three times the legal limit for driving. But even more alarming, posey notes there are numerous bruises and scrapes on dee dees face and body that he describes as the result of blunt force trauma. Also lacerations on her lips, tongue and earlobe. Posey raises the specter of foul play, using the words assisted drowning and labeling the marks on her body nonaccidental. Just the evidence alone of all my moms injuries is enough for me to know he he killed my mom. Reporter but despite those seemingly suspicious markings on dee dees body, the coroner posey rules the manner of death undetermined. And it stays that way for two years with little action from the district attorney. Coming up, the powerful jacksons go to war with their hired gun attorney, this man, leading the charge to put don bohana behind bars. Accusing bohana of having a history of violence with women. There are literally incident upon incident upon incident of the police being called to his house, where he has had fights with various people, his girlfriends. Was there pressure . There was a one man show, and it was called me, and i did the pressure. Reporter will the Jackson Family pressure work . When 20 20 returns. Im all about my bed. This mattress is dangerously comfortable. When i get in, i literally say ahhh. America loves the leesa mattress. We have more 5 star customer reviews than any other mattress of its kind. This bed hugs my body. Im now a morning person. Hello, bed of my dreams. Discover how leesas innovative design provides an extraordinary sleep experience. Then place your order. Well ship your leesa mattress right to your door, so you can enjoy a risk free trial at home. I love my leesa. Today is gunna be great. Sleep on it for up to 100 nights and love it, or youll get a full refund. Returns are free and easy. Now you can experience the leesa difference before you buy at any west elm. Or go to buyleesa. Com and get 100 off. And Free Shipping too. You need this bed. Reporter l. A. In the mid 90s, glam home to celebrity crimes and misdemeanors, like the Menendez Brothers murder trial, heidi fleiss and her hollywood hookers, and of course, the trial of the century, o. J. Simpson. If it doesnt fit, you must acquit. There became a whole host of lawyers and even experts who became minicelebrities. Reporter also in los angeles, another highprofile Death Investigation involving the superstar Jackson Family is seemingly stalled. Delores jackson, exwife of jackson 5 member tito jackson, died under suspicious circumstances. Reporter more than a year after his girlfriend Dee Dee Jackson drowned in his backyard pool, california businessman don bohana is free to drive his fancy cars and fly his private plane. All under a cloud of suspicion though, relentlessly seeded by dee dees famous family. Remember, the Jackson Family is convinced theres no way she could have accidently drowned in bohanas pool, because she was terrified of water. The fact that there was a swimming accident was red flags for the family. Reporter and what about those cuts and bruises the coroner found . The l. A. County coroners report finds 58 separate injuries that are more consistent with a struggle than with a drowning. It points to a murder to me, in the first degree. I know it was an accident. I was there. I know what happened that night. Reporter later, bohana will go on the tv show inside edition to defend himself. If dee dee couldnt swim, he asks, why did she keep several swimsuits at his house . People say, well, she couldnt swim. Well, she was very comfortable swimming in this particular pool. Reporter and there may be some evidence to back up bohanas claim. According to the police report, taj jackson said his mother told him, she was trying to learn to swim and mr. Bohana was teaching her. In response to those seemingly incriminating marks on dee dees body, bohana insists that he made desperate, drunken attempts to rescue her with a pool pole. The facts are that someone was not beaten up. I think we know the answer to why she would have some bruises on her body, by using the skimmer. So, those questions dont even bother me. Reporter suspicion reigns thick, but authorities take no action against bohana. The mode of death was undetermined. We are unclear as to how she came to meet her death. Most district attorneys wont file a case with an undetermined cause of death. Reporter enter this man, the jacksons mouthpiece and sometimes gatekeeper, attorney brian oxman. The outspoken oxman spreads the message that bohana is guilty of killing dee dee. She struggled against a hand trying to pull it away as it covered her mouth. Reporter here he is on kabc in los angeles, accusing the d. A. Of dragging his feet. He is sweeping this particular investigation under the rug. It was a oneman show, and it was called me. It was brian oxman who did it. Reporter and oxman takes his oneman show even further, filing a wrongful death civil suit against don bohana on behalf of dee dees kids. Oxman goes on tv with the possible motive outlined in the suit, claiming bohana was bankrupt and deeply in debt, and turned to dee dee for help. Reporter when he met a jackson, he felt that his possibilities of recovering from his financial problems had arrived. Reporter oxman public by hults out his theory that dee dee was furious that her boyfriend asked her to bail him out, and a fight soon followed. I am sure that dee dee laid into him and told him precisely what she thought. That infuriated him. He killed her out of anger and out of passion. She was a jackson, and thats what he knew. Reporter so, the jacksons had money. Thats what he knew. Reporter and beyond money problems, oxman seeds more suspicions in the media about skeletons in bohanas closet. He tells hard copy that Police Responded at least a dozen times to 911 calls from past girlfriends. There are literally incident upon incident upon incident of the police being called to his house, where he has had fights with various and sundry people, his girlfriends. Reporter while oxman is on his media blitz, theres a newlyassigned aggressive young prosecutor on the criminal case, lori jones. She recognizes the key to charging bohana is getting that coroner, dr. David posey, to change his undetermined opinion on the manner of death. He told us they just didnt have enough. They needed to know more. Reporter so jones says she reinvigorates the investigation, sending police back to the pool. Thats her in the deep end. Her investigators, as well as water experts, are skeptical of the claims that the injuries were caused by his rescue attempt. When we got all of those additional reports, we took it back to the l. A. County coroner, and he changed his opinion. Reporter thats right. In a Stunning Development two years after his initial ruling, dr. Posey makes a life changing reversal. Changing his opinion on Dee Dee Jacksons death from undetermined to homicide. That one word change is all the d. A. s office needs. In march of 1997, nearly three years after dee dees death, don bohana is charged with Second Degree murder. In oxmans view, his campaign on behalf of the jacksons has paid off. Finally, lori jones of the district attorneys office, took a look at the file, reviewed it and said, this is murder. Reporter coming up, don bohana goes on trial for the murder of Dee Dee Jackson. But he has a surprise in his corner. Where theres celebrity crime theres a celebrity coroner, and bohanas expert is so famous, he has his own tv show. There was no evidence at all to indicate that she had been murdered. Reporter a stunning opinion from dr. Michael baden that might get bohana off the hook. But will bohanas highprofile lawyer ever let the jury hear from him . When you have Michael Boden ready to testify and you dont call him . Really hard to explain. Reporter when we return. Reporter 3t, the next generation of jacksons, are performing in the netherlands. I would do anything for you i would do anything for you reporter during their european tour, they learn l. A. Businessman don bohana is being charged with the mudder of their mother, Dee Dee Jackson. We were on tour when we found out that we were actually going to have some kind of court case. Reporter but remember, don bohana, who pleads not guilty, has a strong reputation in l. A. As a wealthy, wellconnected businessman. Now comes o. J. Simpson attorney johnnie cochran, a friend who bohana hopes to hire. But cochran has a conflict, so he connects bohana with another famous courtroom figure, dr. Michael baden. Yes, thats him. Dr. Michael baden. Fox news consultant. And former new york city chief medical examiner with decades of experience. Well, when you live long enough, you get more experience. Reporter the hits keep coming. The central member of bohanas team, Harland Braun. Hes a highpowered defense attorney to the stars. These are movie makers. Reporter working on the sensational Twilight Zone case, where actor vic morrow and two children are killed onset. And later representing Actor Robert Blake when hes accused of murder. To line up Harland Braun and Michael Baden is a minidream team. These are the people you want. Reporter dr. Baden goes to work, reviewing the original autopsy report, inspecting photos of those suspicious bruises, walking the pool with bohana, and reaching an explosive conclusion. It was clear to me that this was a typical accidental drowning, in which two people were drinking a lot, and one of them drowned. I think theres no evidence of homicide. Reporter no evidence of homicide . But what about those suspicious markings on dee dees body and face . These are trivial injuries, often caused by rescue attempts, entirely consistent with the attempts to get her out of the pool. Reporter and there are many other bruises, he concludes, that are consistent with something else. Definitely the brown shows them to be old. She had a very diseased liver from drinking. Shes going to bump into things and get a bruise when others might not have. Reporter their conclusion is that these bruises happened in a struggle before she got in the water. No, thats pure speculation. These same trivial injuries being called a homicide is what i think is misleading the family. Reporter four years after dee dees death, the jacksons finally have don bohana in court. Theres matriarch katherine and members of the jackson 5. We knew finally it would come to justice. Reporter in the courtroom, Jackson Family members and friends all testify about dee dees fear of water. Now, youd think a key part of the prosecutions case would be that incriminating claim involving bohana and women by jacksons attorney, brian oxman. There are literally incident upon incident upon incident of the police being called to his house, where he has had fights with various and sundry people, his girlfriends. Reporter oxman says it was in police reports, but the never heard at trial. The lead investigator telling us, records show calls to police were merno y eldrcoine iskingin ampnd parts like that. Reporter you never found another girlfriend who said, he beat me all the time . No. Reporter and deputy d. A. Jones says theres no proof to that possible motive put out by oxman that bohana beat up and drowned dee dee in a rage, after she refused to bail him out of financial problems. I dont believe we have any evidence of that. Reporter but the prosecution does try to introduce another incident from bohanas postthat has enraged the jacksons. The family believes he is responsible for killing two other women in 1975, in the water, claiming he was drink at the wheel of his boat when it capsized. Three women died in his presence . Somethings freaky and weird about that. Reporter but the coast guard report shows that not only isnt bohana under the influence, he isnt at the helm. That incident is also not allowed into the trial. The jury does hear the testimony of an aquatics consultant who says its more likely to be injured during a rescue attempt, not the victim. So why, prosecutors ask, did dee dee have bruises, and bohana did not . The prosecution calls dr. David posey. Remember, hes that coroner, who after two years changed his opinion from undetermined to homicide. Posey tells jurors dee dees body spoke loud and clear. That those bruises are signs that bohana severely beat dee dee before she drowned in the pool. For the prosecution, who was the key witness . Dr. Posey. Reporter clearly he was. Without a doubt. Reporter but dont forget, the defense has its own star forensic pathologist on standby, dr. Michael baden. I expected to go out there. I was told i was going to go out and testify. Reporter but as the trial progresses, bohana and his family, including exwife sheila, whom hes still close to, are mystified. Where is dr. Baden . Why isnt he calling dr. Baden . Everybody else put on their people. Reporter you think dr. Baden would have made a difference . Oh, indeed. The worlds greatest pathologist . My gosh. Reporter but harlan braun never calls dr. Baden. In fact, braun doesnt call a single Expert Witness. And in a curious gamble, he decides to put the defendant don bohana himself on the stand. Every defense attorney knows how risky it is to call a defendant to the witness stand. Reporter sure enough, the prosecutor takes apart bohana for his drunken actions that morning, like blurting out the wrong address to 911 and saying dee dee could do olympicstyle turns in the water. If im going to take that chance and call him, i got to make sure hes ready. Reporter after a quick threeweek trial, the jury announces its verdict. We, the jury, in the above and entitled action find the defendant Donald James Bohana guilty of seconddegree murder. Reporter the courtroom explodes in applause i was happy. Reporter as the jacksons get their man. The story of Dee Dee Jacksons death should end then and there. But it doesnt. Coming up now its the bohana family who wont give up, raising questions about the man hired to defend him, harlan braun. Could an unpaid bill have affected his defense . You werent angry at him, and he wasnt angry at you . And what about that coroner whose opinion put don behind bars . He just dabbled in autopsies. Dabbled . Yeah, he dabbled. Hi, dr. Posey . Reporter what will dr. Posey say to our 20 20 cameras . You do remember the case of Dee Dee Jackson. Names vaguely familiar. Reporter when 20 20 returns. Woman so, greg, its a lot to take in. Woman 2 and i know thats hard to hear, but the doctors caught it early. Hi, blake my dad has cancer. Woman and i know how hard that is to hear. But youre in the right place. Man and dr. Pascal and her team, they know what to do. They know what to do. The doctors know what to do. So heres the plan. First off, were going to give you all. voice fading away my father could not, did not and would not ever, ever do what hes accused of. Reporter november 1998, don bohana is on the way to prison, his daughter donna begging for mercy. The judge presiding over the case rejecting her plea. Defendant is sentenced to the state prison for the term mandated by law of 15 years to life. Reporter with that, bohana marched directly to jail for processing and hasnt tasted freedom since. Today, locked away in a Central California prison, where we interviewed him over the phone. So, don, let me ask you directly, did you kill dee dee . No, absolutely absolutely no way. I wouldnt kill anyone. Reporter one of the things thats tricky is, we have all these people who said she couldnt swim . Ill go to my grave sg auaysn delores could swim. Reporter bohanas reserved his deepest anger over his defense. Right after i was found guilty, i told him i never want to see his face again, because he just screwed me all the way. Reporter bohana still enraged that braun left his most important witness off the stand. Dr. Michael bauden. I was surprised. I thought i was going to testify. I didnt. This is an innocent man who has been in jail for a long period of time. Reporter in 2002, bohana appeals his conviction on the grounds that his star attorney had bungled the case. It was a terrible ips department, and i wish we could have won the case, but it doesnt haunt me. Reporter we take bohanas charges directly to Harland Braun, who counters that its his own client whos to blame for the courtroom loss. He was not a good witness. To be honest about the case, the worst witness was mr. Bohana. Reporter but of course, it was brauns decision to put bohana on the stand in the first place. Harlan never told me anything. I didnt have one bit of professional preparation. Reporter but braun denies that. As to why dr. Badden was never called, braun says the veteran expert would have been a weak witness. I wasnt that impressed with the way he was going to testify. Reporter so, you dont think he would have helped . No, i dont think he would have helped. When you have Michael Baden ready to testify that the prosecutions theory doesnt hold up and you dont call him . Really hard to explain. Reporter bohana suspects something more sinister affected the decision not to call dr. Baden money. At the time, don is behind in his payment schedule to braun, and according to this sworn affidavit filed by bohanas brother, larry, an agitated, angry and profane braun called him the night before trial, clearly stating, it is not wise to have an attorney starting trial angry about nonpayment of his fee. He was implying that he was not going to do the best job because he was unhappy. Reporter did you make that statement . No, i didnt make that statement. Reporter you werent angry at him and he wasnt angry at you . I didnt like the fact that he stiffed me. But i wasnt going to pull any punches on a murder case. Reporter in fact, braun says his trial strategy was to rely on his own crossexamination skills to destroy the prosecutions case by damaging their experts with his sharp questioning. Its always better to get what you want out of a prosecution witness than your own witness. Reporter and in the end, the appeals judge rejects bohanas claim, ruling that brauns trial strategy was reasonable, leaving bohana to serve out the rest of his sentence. Another 14 years pass. I would do anything for you reporter the jackson kids see their once promising musical career wane. Though they did have their own reality show last year. Never forgetting the mother who died so tragically, here driving to visit her grave on their show. To this day, im learning how to deal with it, but the pain is still there. Reporter meanwhile, donna bohana has turned her grief into action. By day, she works as a glam realtor to the stars in malibu, california. But her nightly obsession, combing through every document in the case. Here, shes in her bathrobe, launching a legal Treasure Hunt to find some shred of evidence that might help get her father out of prison. These boxes have been in my family for 18 years. Reporter and donna hits what she thinks is pay dirt, digging up a bombshell about the d. A. s tent pole witness, dr. David posey. At the very time prosecutors are relying on dr. Posey to indict don bohana, another prosecutor, steven kay, from that same d. A. s office, is going public with his claim that pro see is a fraud, saying he just doesnt have the experience to know what hes talking about. Today, kay, a highly regarded veteran prosecutor, stands by that claim, pointing out that posey had only worked as a part timer at the l. A. Coroners office. He just dabbled in autopsies. Reporter dabbled . Dabbled. Yeah, he dabbled. I dont see any insurmountable problems in this case. Reporter you may remember the sensational trial that kay prosecuted in 1996. He was shocked by poseys testimony, this time for the defense in the case of an l. A. Raiders cheerleader who was strangled to death in back of a car. Using his thenwife as a standin, dr. Posey simulated his claim that the cheerleaders death was actually an accident, something the jury soundly rejected. Kay says he would have been happy to have told fellow l. A. Prosecutor lori jones about what he calls poseys lack of qualifications, if he was asked. I would have told her what i told you today, that his testimony should not be believed. Reporter nobody in your Office Raises the flag and says, wait a minute, were using that guy ourselves in another courtroom . I dont recall ever hearing until today, you telling me about dr. Posey i dont recall ever hearing anything negative about him. Reporter does it concern you today . Sure. Sure, it would concern me. But its not causing me to lose confidence in the outcome. Reporter but that brings us to a question brought up at trial. Why did dr. Posey change his opinion from undetermined to homicide . On the stand, posey testifies that based on his visits to bohanas pool, and his own experience as a lifeguard, he always suspected it was homicide. And he testifies the d. A. s office told him they had an expert who con fired his opinion. But on the stand, dr. Posey admits he never spoke to that expert, nor read his report before he changed his conclusion. So, we wanted to speak with dr. Posey ourselves. Hi, dr. Posey. Reporter we made repeated requests to him for an interview, all without a response. So 20 20 paid him a visit. We would like to know why you changed your opinion on the case. I would have to go back and look at the case. You do remember the case of Dee Dee Jackson . The name is vaguely familiar. Way in the back of my mind. Been in prison for 20 years. I dont recall the testimony. If he doesnt remember testifying, why am i sitting here . Cost me 20 years of my life ill never get back. Reporter when we come back, what chance does don bohana have today to ever be free . And the surprise change that Dee Dee Jacksons kids have made on the decision to keep him in prison for life. Woman so, greg, its a lot to take in. Woman 2 and i know thats hard to hear, but the doctors caught it early. Hi, blake my dad has cancer. Woman and i know how hard that is to hear. But youre in the right place. Man and dr. Pascal and her team, they know what to do. They know what to do. The doctors know what to do. So heres the plan. First off, were going to give you all. voice fading away reporter on this cloudy day in malibu, celeb realtor donna bohana has a very special client. Shes showing a special piece of real estate. Ready for the adventure . Yeah. Reporter shes taking her daughter emme to see her grandfather don for the First Time Since infancy. Were going to go see my grandpa. And im going to give him a big hug. Reporter making the three and a halfhour trip, where don is still serving time for the murder of Dee Dee Jackson. The visit from emme, a rare bright spot for bohana after 19 years in prison. He said that hes really excited that he got to see me. He said he wanted to see me again soon. Reporter but bohanas family, still in anguish knowing their now octogenarian father may die behind bars. Even some of those who helped convict him are shocked that don is still locked away. I about fell out of my chair. I said, youre kidding me. I am surprised that he is still in prison, and i think it is enough. Reporter bohana has been denied parole four times already, with dee dees three sons dutifully opposing his release. He hasnt said, legitimately, im sorry. It doesnt seem theres any remorse or accountability. I am responsible, and it just pains me very much. Had i not been drinking, theres not a doubt that i would have been able to save her. Reporter why not just say, i murdered dee dee, and pretty likely, youll get out. Ill die in prison. Hell will freeze over before i admit i did something i didnt do. Reporter and 3t telling 20 20, they no longer object to bohana being paroled at his next hearing. I basically made a statement, if you feel its time for him to get out, then let him out. Reporter Dee Dee Jacksons kids are focused on remembering mom. Thank you all for coming out and supporting. Reporter 21 years after her death, launching the Dee Dee Jackson foundation. We do a lot of Music Therapy classes at inner cities. Its important to us that people know our mother was about being a great person who gave her life to her kids and to the community. Her guidance is everything to me. And those though this case happened in the mid 90s. Both families are still in pain. Thanks so much for watching tonight. Im elizabeth vargas. And im david muir. From all of us here at 20 20 and abc news, thank you for watching. Enjoy the rest of your weekend. Good night. A beautiful show in San Francisco today but be warned if youre headed h