Sworn Affidavit of Elvin W. Shaver (2007)

STATE OF MICHIGAN

IN THE SEVENTEENTH JUDICIAL CIRCUIT COURT


PEOPLE OF THE STATE OF MICHIGAN CASE NO. 85-37049-FC

Plaintiff, HONORABLE JUDGE
DONALD A. JOHNSTON
VS.

HARRY BOUT,

Defendant,

______________________________________/

AFFIDAVIT OF ELVIN WILLIAM SHAVER, JR.

STATE OF MICHIGAN }
} ss
COUNTY OF KENT }

I, ELVIN WILLIAM SHAVER, JR., being first duly sworn, deposes and says the following:

1. On or about April 5th, 1985, I was taken into custody by detectives of the Grand Rapids Police Department, along with my then wife Carol Shaver (hereinafter Carol) for questioning in connection with the disappearance of Onunwa A. Iwuagwu (hereinafter Al). At the time I was about 1 year out of federal prison for counterfeit money, and on parole. During questioning the detectives told me they were certain Harry Bout (hereinafter Harry) had something to do with Al’s disappearance and heard Al had been killed. They threatened they would violate my parole and send me back to prison if I didn’t cooperate.

2. During the course of questioning I told the detectives Al was dead, and I led them to where Al’s body had been buried. By doing this I incriminated myself as being an accessory after the fact of Al’s murder (a felony) violating my own parole on top of being a 4th felony habitual criminal offender (said charge carrying a sentence of life imprisonment).

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3. The detectives and prosecutor offered me a way out of having to spend the rest of my life in prison: I had to implicate Harry and Dawn Bean (hereinafter Dawn) to Al’s murder and say whatever the detectives and prosecutor wanted me to say. At first I tried telling the truth that Harry was not the killer, but they refused to accept this saying it was not likely a 16 year old girl (Dawn) was the killer, and threatened that if I didn’t cooperate I would go to prison for life. Their minds were made up that Harry had to be the killer.

4. The detectives and prosecutor told me what they believed probably happened and gave me some ideas about possible motives. They forced me to lie and commit perjury for them. I had to cooperate in this way or face life imprisonment as a habitual criminal offender. The prosecutor would not dismiss the supplemental felony charge for being a habitual criminal offender until I completed my testimony. Only then would I no longer be facing life imprisonment.

5. At one point during my testimony at Harry’s trial I felt so bad about what I was doing that I tried to tell the truth and expose the detective and prosecutor for forcing me to lie, but the detectives noticed something was wrong when I stopped my eye contact with them and stopped looking at their signals. The detectives immediately came to grab my arm and pull me off the witness stand as the judge spoke up asking if I needed a drink of water. Before I could say a word the detectives already had me out of the courtroom into the hallway. It was obvious that the judge was allowing the prosecutor and detectives to do whatever they wanted with me, so I had little choice but to continue to lie and commit perjury for them.

6. Everything that Carol testified to at Harry’s trial was also a lie, to back up my lies. The prosecutor and detectives allowed Carol and I to discuss what our stories were going to be way back when we were first taken into custody for questioning. Carol knew nothing but what I told her to back up what I was saying.

7. I knew Harry didn’t kill Al. Harry didn’t even know how many times Al had been shot. Harry had to check the cylinder of the gun to see how many bullets had been used when I asked about this. Dawn also told me that she was alone in the bedroom with Al, and that she shot him 3 times when Al tried to leave.

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8. I admit that I lied and committed perjury, but I did so only because the detectives and prosecutor forced me to, with the threat of life imprisonment if I didn’t. My conscience bothered me so much afterwards that I even made an affidavit dated December 30th, 1986 (see attachment) to try and tell the truth, but the detectives and the prosecutor found out about this and drove all the way up to the prison in the Upper Peninsula (Kinross Correctional Facility, Kincheloe, Michigan) to again threaten me with life imprisonment if I testified at the evidentiary hearing. The prosecutor and detective threatened that if I said anything at the evidentiary hearing other than “I plead the Fifth Amendment” that they would charge me with felony perjury and then use that felony to again charge me for being a 4th felony habitual criminal offender, and send me back to prison for the rest of my life. Because of that threat I refused to testify at the May 29th, 1987 evidentiary hearing other than to say “I plead the Fifth Amendment”.

9. The prosecutor and detectives had power over my life, my future or fate in prison, and I had to do whatever they told me to do. They wanted me to lie, and I so I did. They wanted to convict Harry for Al’s death, and so I cooperated to give them what they wanted. I regret beyond what words can say, what I have done. I cannot live with this on my conscience any longer. I have lived with this for more than 22 years, while Harry has suffered in prison for something he didn’t do. Harry didn’t kill Al. It was Dawn who killed him because he tried to leave, and she should face the consequences for what she did like anyone else.

10. If called as a witness I am competent and willing to testify to the contents of this affidavit. I swear that the contents of this affidavit are true, factual and correct.

FURTHER AFFIANT SAYETH NOT.

_________________________________
ELVIN WILLIAM SHAVER, JR.

Subscribed and sworn to before me this ____ day of _______ 2007, appeared Elvin William Shaver, Jr. whose signature appears as affixed above.

_________________________________
Notary Public

My Commission Expires:_________________________________

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There is a video of Elvin Shaver recording his affidavit, in 4 parts: part 1, part 2, part 3, part 4.

Film showing evidence in Harry´s case

This film was made by Harry´s attorney, Mr James Sterling Lawrence, depicting the truth about the lay out of the house in which Al was killed in 1985. Police say Harry could not be seen coming up the stairs by the witness in the room upstairs while the shooting took place in the room next to hers. Police lied in court about this evidence. The judge refused the jury to see for them selves.
Can you see someone coming up the stairs from the room of Evelyn Schneider?

Here are photos:

First is the view from the bed of Evelyn Schneider. A person must cross the hallway in front of her door to get to where Iwuagwu was killed. Mrs. Schneider was certain that Harry came up the stairs after the shooting.

CAN YOU SEE A PERSON COMING UP THE STAIRSAND CROSSING IN FRONT OF YOU?

Next is the view into the room. To get to the room where the shooting took place, one goes up the stairs at the right of the photo (you see railing only), then turn left, walk past Mrs. Schneider's room directly into another room. Turn right to get to the room where Mr. Iwuagwu was killed.

COULD SOMEONE IN THAT BED SEE YOU?


Next is a diagram of the top floor of the house. Officers swore that Mrs. Schneider could not have seen Harry Bout as he came up the stairs and crossed to where the shots had been fired.

SHOULD A JURY BE ALLOWED TO GO AND SEE THE ACTUAL LAYOUT BEFORE DECIDING BOUT COULD NOT BE SEEN FROM THE BED?

Witness account Elvin Shaver (1986)

Witness accounts
Sworn affidavit Elvin W. Shaver, Jr (1986)
Text version:
State of Michigan
in the county of Kent
Case No. 85-37049-7C

People of the state of Michigan, Plaintiff vs.Harry Bout, Defendant.
Hon. R. Stuart Hoffius

Affidavit of Elvin W. Shaver Jr.

1. I, Elvin William Shaver Jr., do hereby make this sworn affidavit supp., that my previous statements and testimony in the case of "The People of the State of Michigan -vs- Harry Bout", were not the truth, and that I made said false statements and testimony against my free will.

2. I would further like to state for the record that I was forced against my will to make false statements and testimony by means of "Blackmail", "Duress", "Threats", and "Coercion", used and induced bu the mentioned Defendants of the Grand Rapids Police Department and the Kent County Prosecuting Attorneys Office in Grand Rapids, Michigan.

3. I would like to clearly state for the record that a certain point in time during the course of the aforementioned trial concerning Harry Bout, that I tried to tell the truth and expose the corruption on the part of the mentioned Defendants while I was still on the witness stand, but that I was physically removed from the witness stand by the detectives and rushed out of the courtroom when it became apparent to them that I was not responding to their signals, and it appeared that I was going to tell on them concerning the lies and corruption.

4. I would like to clearly state that when the detectives removed me from the witness stand by force, that they took me out of the courtroom into the hallway, and there pushed me around, and threatend me with life imprisonment, and that they would make sure that I would loose my son and never see him again, if I did not continue to cooperate and lie for them and testify to the things that they instructed me.
5. I would like to point out that I was not allowed to enter my plea and be sentenced pursuant to my plea bargan, as an accessory after the fact of murder, untill I had testified at the trial against Harry Bout exactly as they had instructed me to.

6. That my plea bargan was held as a barganing chip to "Blackmail" me into making false statements and testifying untruthfully on the witness stand, in a combined effort to illegally obtain a conviction against Harry Bout.

7. I would like to clearly state that my statements prior to any court proceedings were not made freely, and were merely statements which I was told to make when the tape recorder was turned off or temporarily paused, and that I was lead by the detectives in answering the questions to refesh my memory in what my answeres were supposed to be.

8. I would like to clearly state for the record that my statements and testimony were the words that were put into my mouth by the detectives, and that I cooperated only because I was under threat of life imprisonment, and that I was "Blackmailed" with that threat continuously in an effort to keep me cooperating.

9. I would like to herewith officially for the record "Recant" my previous statements and testimony because they were not the truth.

10. Harry Bout never at any time, talked, planned, or even mentioned anything to me about murdering Mr. Iwuagwu, or trying to do away with him in any way, prior to the actual killing that took place the evening of March 7th, 1985.

11. Harry Bout also never talked or mentioned anything to me about being blackmailed by Mr. Iwuagwu, over counterfeiting plates, or over a counterfeiting opperation, in that this was nothing more than a fabracated theory thought up by the detectives to be used for a possible motive, only to leave an inference of guilt because Harry Bout did in fact have past dealings in counterfeiting.

12. Harry Bout also never talked, planned, or even mentioned anything to me about acquiring 49 apartment buildings from Mr. Iwuagwu, in that this was also nothing more than another fabracated theory thought up by the detevtives to be used for another possible motive, only to leave an inference of guilt because Harry Bout did in fact have realestate dealings with Mr. Iwuagwu in the past that the detectives had knowledge of.

13. Not one of these alleged motives could have been proven, and in fact, could not be proven, because they were not the truth, and were only fabracated to infer guilt and bias the jury because Harry Bout could not actually disprove the possible motives.

14. I would like to further retract my statements and testimony where it pertains to Harry Bout's alleged admissions to me about his guilt in the actual killing, in that Harry Bout never at any time admitted to me that he was responsible for Mr. Iwuagwu's death.

15. I would like to further state for the record that my previous statements and testimony concerning Dawn Renee Bean were also not the truth, especially not where it pertains to "her not being herself and being in shock" the night of the killing, in that she was far from being in shock, and didn't even appear at all upset over Mr. Iwuagwu's death other than she was very concerned in the immediate cover-up of what had happend.

16. My truthfull observations of Dawn Renee Bean on the evening of March 7th, 1985, were that she seemed to be very cheerfull and thankfull that I was assisting in the cover-up, and she appeared to carry on as if Mr. Iwuagwu's death was some sort of game that didn't seem to bother her in the least.

17. I would like to further mention concerning Dawn Renee Bean, that after the killing had already occured, that she did mention to me that it was she who took Mr. Iwuagwu to the upstairs bedroom with the promise of sex, and that she admitted to me that she had kissed him, and that it was gross, and that she was alone with Mr. Iwuagwu in that upstairs bedroom, and never at any time did she mention to me that Harry Bout was with them in that bedroom at the time of the actual shooting.

18. I would like to further state that Dawn Renee Bean has admitted to me on several occasions that she in fact was a prostitute, and that she prostituted in the area of Grand Rapids, Michigan, and Detroit, Michigan, and that she had been in the profession ever since the age of 14 years old.

19. I would like to further mention that Harry Bout had never owned or possessed a .32 caliber pistol for as long as I've known him, and that I never noticed any such weapon untill Dawn Renee Bean moved in to live with Harry Bout.

20. I would like to further mention that Dawn Renee Bean was never forced, in any way, or at any time, to participate in the cover-up of Mr. Iwuagwu's death, and as a matter of fact it was she who appeared to be the one most concerned that no one would ever find out what had happend to Mr. Iwuagwu, and this is why she so eagerly volenteerd to drive Mr. Iwuagwu's car to Indianapolis as part of the cover-up, when Harry Bout and myself refused to be any part of the car transportation.

21. I would like to further state that Dawn Renee Bean had every oppertunity in the world to call the police, or let any one know what had happend, had she wanted to, because Harry Bout was out and about the town each day from early morning hours till late in the evening hours taking care of the opperaton of his business, and apartment buildings, in addition to visitation with his children, marriage counseling, parenting skill classes and many other miscellaneous activities such as out of town trips or visiting his wife or friends.

22. I hereby acknowledge that I understand this affidavit will be used to start an action in the United States District Courts to obtain the protection that I need in the way of a Court Injunction so that I may freely expose the corruption within public offices of aforementioned Defendants, and that they be restrained from carrying out their threats.

23. I hereby acknowledge that I will be required to testify to the facts contained in this affidavit, but that said testimony will be contingent upon receiving protection from the United States District Court so that I may testify without fear of reprisals or retaliatory action by the Defendants.

24. I further understand that it is agreed that without said protection from the United States Districts Courts that I will not be required to jepordise or endanger myself by testifying and that under such circumstances this affidavit will not be used in this court for any other purpose.
WHEREFORE, in light of the foregoing, I Elvin William Shaver Jr., being of sound mind, do hereby affix my signature to this document in good faith, and of my own free will, and state that I am willing to testify, pursuant to requested protection.

Elvin W. Shaver Jr, 121217

Plaintiff,
c/o Kinross Correctional Facility
Kincheloe, Michigan, 49788

Subscribed and sworn to before me this 30th day of December 1986.
Meta S. Geyer
Notary Public

My Commission expires:
Meta S. Geyer: notary public
State of Michigan
my commission expires feb. 05, 1990

Affidavit of Cecil McKinney

Affidavit of Cecil McKinney

I, Cecil McKinney, being first duly sworn, deposed and state that I am a person of suitable age and discretion and if called upon to testify under oath in a court of law, would state the following: 1. That I personally know Dawn Renee Bean, born December 6 1967, having met her when I lived at 1548 Broadway, N.W. in Grand Rapids, Michigan.

2. That at all times that I have known Ms. Bean, I have known her to be racist, using racial slurs when talking of people of different ethnic background.

3. That at some time in either 1983 or early 1984, I had given Dawn Renee Bean a dark blue .32 caliber hand gun, which Ms. Bean regularly carried in her purse.

4. That I have lived at various addresses for the past 20 years and have been in and out of jail and prison and tried to stay in contact with Dawn Bean.

5. That during one of my releases, I met up with Dawn Renee Bean in the Grand Rapids area and she informed me that she had shot Onunwa Iwuagwu, also known as “Al”, who was originally from Africa.

6. That during this conversation, Dawn Renee Bean boasted and bragged about murdering Mr. Iwuagwu.

7. That I have read and reviewed this affidavit and affirm the contents herein, stating the same to being true, factual and correct to the best of my knowledge and belief.

Cecil McKinney Subscribed and sworn to before me On this 26 day of June, 2003 Thomas Marsh, Notary Public Ionia County, Michigan My Commission Expires August 2, 2007