-Caveat Lector-

an excerpt from:
Loud and Clear
Lake Headly and William Hoffman©1990
Henry Holt and Company
115 W. 18th St.
New York, NY 10011
ISBN 0-8050-1138-2
272 pps — out-of-print/one edition


The Second Press Conference

Devereux's diligent digging discovered another potentially important witness
whose testimony, I thought, should frost the cake at the upcoming press
conference: Keith Nation, a forty-seven-year-old gambler and gadfly. A tile
roofer by trade, he looked more like a retired jockey. Nation said that for
years he had supported himself by gambling at the Funk/Emprise dog tracks,
and during that time he had come to know the tracks' operations and employees
inside out.

>From Keith Nation I obtained a sworn, signed, and notarized affidavit—a
statement made under oath which could result in a perjury indictment if found
to be untrue. Although lacking in specifics (no matter how hard I tried,
Nation refused to be pinned down "at this time" on his source), he swore to
the following:

In January of 1976, I became aware of a phony divestiture scheme involving
the Funk family.

This scheme entailed some manner of clandestine track trading arrangement in
conjunction with a subsequent State of Arizona divestiture requirement.

I also learned from a reliable source that thirty to forty-five days prior to
the June 1976 bombing of Don Bolles, Bradley Funk and Albert Funk reportedly
expressed great concern about Bolles's apparent awareness of this scheme.

>From this same source I also learned that in a private conversation, Bradley
and Albert Funk said in effect that something had to be done about Bolles,
that he was going to get them this time.

Except for the desk clerk at the Clarendon whom Bolles spoke to briefly when
Adamson failed to show for his appointment, and a phone call the reporter
received from Adamson (who cancelled the meeting), it seems likely Nation was
the last person Bolles talked to before the bombing. They had seen each other
about 11a.m. at the legislature, where Nation was following the track
divestiture hearings.

"Tell me about your conversation that day at the State House," I said to

"You've got to understand, Bolles and I knew the score. We talked about how
the Funks would go through a lot of legal mumbo jumbo and divest on paper,
only with no actual change. Bolles was angry, but he'd resigned himself.
'What can be done about it?' he asked. 'Emprise runs the state.' "

"Did you tell this to the police?"

"Yes, I talked with Phoenix intelligence squad detectives several times."

"Did you tell them about the Funks?"

"The same things I told you."

"What did they do?"

"Well, the attorney general took over the investigation, and no one from that
office ever contacted me."

The Phoenix Press Club also served as the site for the second news
conference, held at 2 P.m. on May 2, 1979. Some thirty media people were
present, representing local newspapers, radio stations, and the three network
TV affiliates, plus reporters from San Diego, Los Angeles, New York, and the
Navajo reservation.

Dunlap Committee members and most of Max's immediate family also came.

This time I'd had Dunlap and Robison authorize the press conference to avoid
possible complaints from their lawyers, who still wanted to stick strictly
with the appeals process and not make waves with a lot of publicity over an
"unpopular cause."

Most important among the media gathering, I felt, was Molly Ivins of The New
York Times, a paper that carried worldwide clout.

Molly had come down a few days earlier, making good on my invitation in March
(at the suggestion of Bill Helmer), and I learned she was no stranger to the
Bolles case or Arizona: she had researched and written a story about uranium
pollution on the Navajo reservation.

"Can you get me in to see Dunlap and Robison?" she had asked on the phone.


After Molly arrived in Phoenix, I drove her to the Arizona State Prison.

Robison told The New York Times reporter about phone calls he had received
from Adamson, shortly after the bombing. Even after helping commit the murder
for which he would later frame Robison, Adamson couldn't resist boasting
about his exploits.

Inside the cramped quarters, with voices reverberating off the prison glass,
Molly's tape recorder picked up a garbled interview, so I gave her the backup
tape I had made. The next day she went out and bought the same Sony model I

First Playboy, in the person of Bill Helmer, had entered the prison gates. In
response to the Committee's contact and my follow-up efforts, "60 Minutes"
would do a feature on corruption in Arizona, casting an unwelcome light on
the state. And now The New York Times. I noticed the guards had been a little
more polite when an out-of-state journalist was at my side, and I hoped maybe
the supreme court justices considering the appeal might get some ideas also.

When we returned to Phoenix, Molly, a quiet, resolute woman who carefully
read without comment all the material I showed her, dug in her heels and
interviewed Neal Roberts. Mr. Immunity-for-a-theory demanded that she keep
everything he said off-the-record except for one statement: "I never passed
any money to anyone."

Although I tried, I couldn't find out what Roberts had said about those three
stolen cars, the "loud and clear" remark, or his relationship with Barry
Goldwater; Molly took his off-the-record stipulation seriously. In fact,
"reading" Molly was impossible for me. I knew how important it was for her to
judge objectively the evidence we'd uncovered, but all I could determine from
our talks was her thorough, businesslike approach to reporting.

"Good afternoon, members of the press," I said, standing behind a podium on a
slightly raised dais. "I have invited you here to see and learn about new
information uncovered in the Bolles investigation. The two key people we want
to talk about are Keith Nation and Michael JoDon. You'll learn from Keith
Nation's sworn affidavit that Don Bolles, right up until the time the bomb
exploded underneath him, maintained a keen interest in the Funk/Emprise
dog-racing empire. Mr. Nation was one of the last people to speak with
Bolles, and their conversation centered on the Funks and Emprise.

"I also want to bring to your attention the sworn affidavits of Michael
JoDon, a police informant with a long record of truth telling, not just to
Arizona police authorities, but to police in Kansas, the FBI, and the DEA.
Federal, state, and local law enforcement agencies have attested to JoDon's
reliability and veracity. I'd appreciate in particular your noting how JoDon
swears that three times before the bombing he overheard talk about a plot to
kill Don Bolles. JoDon apprised Scottsdale Police Sergeant Robert Powers of
the situation. Powers did nothing. After Bolles was assassinated, JoDon made
additional attempts to convey his knowledge of the murder plan to
lawenforcement agencies. Still no action. Then the Scottsdale police framed
him in a bogus twenty-dollar hashish deal. Now Michael JoDon seeks immunity
in exchange for his testimony in this most important matter. So far he has
not received immunity, though I'm sure most of you know that for some in this
case immunity has not been difficult to obtain. Regardless, JoDon's sworn
statements are here for you to take with you and study. All the information
we've accumulated has already been turned over to the attorney general's
office but, sad to say, I've detected little enthusiasm from that august law
enforcement agency."

In my next remarks I brought the audience up-to-date on the highlights of the
investigation since the first press conference in December 1978: Terri Lee's
research on Emprise; Jim Robison's starvation program-now in its
seventy-sixth day-which had recently been joined by Max Dunlap and several
other inmates; Antje Roberts and her admission that Neal and Goldwater were
close friends; Kay Kroot, also tying Roberts to Goldwater on that TV talk
show; and the taking of an extended vacation by the immunized Gall Owens,
Adamson's former girlfriend. Then I opened the floor for questions.

"Aren't you being paid by the Dunlap Committee?" asked Pat Sabo of the
Phoenix Gazette.

Here we go again, I thought, my heart sinking. "Yes," I said. "I'm receiving
compensation from the committee." I didn't add that I was losing a lot of
money on the arrangement. "What matters, it seems to me, is the importance of
the information I'm gathering."

Next an Arizona Republic reporter stepped up: "Isn't it true you yourself are
the object of an investigation for working as a private investigator without
a valid Arizona license?"

"That's right. Resources which could better be spent solving the Bolles
homicide are being wasted investigating me. The fact is, I'm doing work on
the Bolles case for two national magazines, one of them Playboy."

"How can you claim objectivity if your paramount interest is getting a good

"I'm giving what you call a 'good story' to you. My concern is to prevent the
execution of two innocent men. The evidence I'm asking you to study indicates
we have an ongoing miscarriage of justice, one that needs desperately to be

"What," asked the Republic reporter, "does the attorney general's office plan
to do with your 'information'?"

"The attorney general says he will try to determine the validity of JoDon's
statements; but judging from past performances, I doubt we'll see much

"Have you given this material to the Phoenix police department?"

"Yes. To Detective Michael Butler."

"What is the attitude of the Phoenix police?"

"Not as enthusiastic as I'd like them to be. As I've pointed out, JoDon has
been an extremely reliable informant for several years. However, at this
point, I believe the critical issue is what you, members of the media, not
the Arizona law enforcement agencies, consider important."

"I've just looked at JoDon's affidavits," said a Phoenix radio newsman, "and
he doesn't seem to say anything really new."

What was this guy reading? Nothing new?

"What JoDon reveals is not only new but significant. Almost a month before
the bombing, JoDon told Sergeant Powers that Bolles was going to be killed.
Powers took no action that might have prevented this murder; on the contrary,
he later withheld what he knew from defense counsel during the trial of
Robison and Dunlap. What JoDon swears to shouldn't be viewed as an end, but
as a starting point for more investigation. I urge the authorities to do

"Evidently you presented these affidavits to the police and failed to impress
them. Why is that? And why should we be impressed?"

"Not just evidently. All this information has been presented to the attorney
general and to the police. And their enthusiasm, or lack thereof, smacks of
the continuing tunnel vision that led to the conviction of two innocent men."

"Doesn't a statement like that indicate you're playing God?"

Deja vu. A mixture of anger and frustration sickened me, but I needed to
control myself. "I'm not playing anything. I'm giving you critical evidence
which was withheld from the press and the defense."

"Back to the question of your being a private investigator. That's what you
are, let's face it, and you're breaking Arizona law."

"Why are you people dwelling on what amounts to a technicality? Why aren't
you concerned about your fallen brother, Don Bolles? Instead you want me to
confess to a crime, and I've committed no crime. I'm working for Playboy
magazine, and nothing is stopping you from checking with them. I've been
sought out for many years by literally scores of newspapers to provide them
information. I've recently signed a book contract to write my autobiography."

If I thought this would satisfy them, I was wrong.

"Autobiography? Or your version of the Bolles killing?"

"I signed the book contract long before I was contacted to investigate this

"Mr. Headley, why would the Dunlap Committee, ostensibly interested in
freeing Max Dunlap, hire a writer? They hired a detective, didn't they?"

"Because of a hostile press, abundantly evident here today, the committee
realized that any material I uncovered would be useless if it couldn't be
gotten to the media. It was felt I could accomplish this."

"Since you may be indicted, don't you think we should take that fact into
consideration when judging your so-called new information?"

"If someone came in here and yelled, 'Fire!', would you question his
qualifications? I'm only asking you to look at the evidence I have. Evaluate
it. If you think it's garbage, write it up that way; but study it first."

"What will you do if the attorney general indicts you?"

Clearly they were more interested in gunning me down than focusing on the
plight of Robison and Dunlap. They didn't care a whit about injustice or the
condemned men. I faced a stone wall, and I was nearing the breaking point
when Devereux stood up.

"What's all this got to do with anything?" he asked in a loud voice directed
at his peers. The TV cameras swung around to catch his image. "We should
concentrate on what Mr. Headley says, not his potential problems."

This flew right over the heads of most in attendance.

"Aren't you attaching too much credibility to statements provided by JoDon,
who is, after all, a fugitive?"

"No. JoDon is their informant, not mine. For years they took him at his word.
Why is this the exception? And remember, JoDon is a fugitive because of what
he knows, not because of a minor drug charge."

"About your possible indictment for practicing without a license ...

Geesus. No questions at all about the Neal Roberts/Barry Goldwater
relationship, or the grim fact that Jim Robison was starving himself to
death. The bigger story, in most minds, was my possible indictment.

This second press conference, more hostile than the first, finally wound
down. Interspersing my remarks with pleas for them to read what I'd provided,
I hammered away at the new findings, especially JoDon's sworn statements. But
the more I gave them, the more angry they became. They didn't like the
messenger or the message. These purportedly inquiring minds didn't want to
know or study the new evidence; instead they chose to remain dogged to the
finish in hot pursuit of the saga of my license and the credibility of JoDon.

At last it ended, and night seemed to descend on my mind, so dark were my

I invited Devereux, Terri Lee, members of the committee, Molly Ivins, and the
Dunlap family to the Westward Ho for sandwiches, soft drinks, and a
postmortem. I was wrung out, and getting from my car to the hotel lobby
exhausted me further: Phoenix in May is hotter than hell, or even Las Vegas.

Some of the guests were upbeat-at least the press had taken the
affidavits-but all I wanted to do was find a quiet corner and lick my wounds.
I collapsed in an easy chair and sipped an icy soda, away from the rest.

Molly Ivins came over and sat on the floor next to me. "Lake," she said, "you
must be worn out. I couldn't believe that press conference. I covered
Watergate for the Times and was at almost every news conference Nixon called.
The hostility there wasn't nearly as bad as this. What's the difference
whether you have a private investigator's license? They acted like their
minds were made up and they didn't want to be confused by facts. I've been a
journalist for a long time, but the way those reporters acted today makes me
ashamed of my profession."

I looked at Molly, and tears shone in her eyes.

Molly Ivins wrote several major articles about the Bolles case, the first
dealing with the May 2 press conference.

Defense Committee Trying to Gain
2d Trial for Convicted Man-
Affidavits Are Disclosed

Special to The New York Times

PHOENIX, ARIZ., May 3 — Pressure to reopen the Don Bolles murder case is
building here. A defense committee of more than 300 people, convinced there
has been an injustice, has raised enough commotion to disturb even some of
those who were responsible for convictions in the reporter's death.

The defense committee is acting in behalf of Max Dunlap, one of two men
sentenced to die for the murder. Mr. Dunlap is a builder and earth mover with
no previous criminal record. He was president of his high school class and
has hundreds of friends who are trying to win a new trial for him.

Their belief in his innocence is so strong, in fact, that some of them have
mortgaged their homes to help finance the effort to free him. They have
raised over $30,000, taken out newspaper advertisements asking for a new
trial and hired a private detective to look for new evidence.

In the latest development in the case an affidavit was made public yesterday
in which a police informer says he told the Scottsdale police of the plan to
murder Mr. Bolles three or four weeks before it happened.

Record of Calls Is Unlikely

The police were unable to confirm that fact. Yesterday, Walter Nimitz, chief
of police in Scottsdale, said departmental procedures make it extremely
unlikely that there was any record of such a call. The officer to whom the
informer says he placed his calls is now employed by another law enforcement
agency and could not be reached for comment because he was on vacation.
However, a police source says the officer states that he was called after Mr.
Bolles was murdered, not before.

It was the defense committee detective, Lake Headley, who tracked down
Michael JoDon in New Orleans. Mr. JoDon, once an informer for several law
enforcement agencies, had been indicted on charges of selling $20 worth of
marijuana to an undercover police agent and fled the state.

He has been trying to bargain for immunity in exchange for his testimony on
the Bolles case. Roger Golston, the acting County Attorney for Maricopa
County, said yesterday that the authorities are negotiating with the idea of
dropping the charges against Mr. JoDon, provided he meets certain conditions.
One condition is that he surrender, another is that his story check out.

Echo of Earlier Allegations

But members of the Dunlap Defense Committee, suspicious of those in official
positions, decided to go ahead and present Mr. JoDon's testimony yesterday at
the press conference here.

Mr. JoDon's affidavits echoed charges made at the murder trial that a lawyer
named Neal Roberts, since disbarred, arranged the murder of Don Bolles, a
reporter for The Arizona Republic. The affidavits quote two sources as saying
Mr. Roberts acted at the behest of a man indirectly tied to the Emprise
Corporation of Buffalo, N.Y., which had been investigated by Mr. Bolles.

The man named by Mr. JoDon as Mr. Roberts's contact vigorously denied the

Mr. Roberts's name first arose in the case because he chartered a plane to
fly John Harvey Adamson, the man who confessed Mr. Bolles's killing, out of
Phoenix the day of the bombing.

In exchange for a pledge of immunity on charges of accessory after the fact,
a transcript of the meeting shows Mr. Roberts gave the police what he called
"pure speculation" about the case. Mr. Roberts's speculations, backed by the
word of his friend Mr. Adamson, became the basis of the prosecution's case.

The Prosecution's Argument

The prosecutors said that '\,Ir. Adamson had killed Mr. Bolles with the
assistance of a plumber friend, Jim Robison, and that Mr. Dunlap had paid
him. Mr. Dunlap, they said, was acting at the behest of Kemper Marley, a
wealthy rancher and liquor dealer who was said to be angry about some
articles written by Mr. Bolles that cost Mr. Marley a position on the State
Racing Commission.

Mr. Dunlap and Mr. Robison were sentenced to death, and Mr. Adamson, who
confessed and cooperated with the prosecutors, got 20 years, which he is
serving in an Illinois prison.

Mr. Marley was never charged. Prosecutors, who are not willing to talk on the
record, say they nonetheless remain convinced that the Marley theory is
correct. They also say they are troubled by the information involving Neal

Mr. Robison is in Arizona State Prison and has been refusing to eat since
mid-February, contending that he will starve himself because he was framed
and he despairs of ever being released. He elaborated in a recent interview
on the argument that his lawyer put forward at his trial.

Mr. Robison now says he got two or three phone calls from Mr. Adamson in the
days immediately after the bombing, while Mr. Bolles lay dying in a Phoenix
hospital. Mr. Adamson told him, he says, that $10,000 was coming from the
coast, $6,000 for Mr. Adamson and $4,000 for Mr. Roberts. Mr. Adamson wanted
Mr. Robison to pick up and deliver his share, but Mr. Robison refused, he
says, adding, "So they got Max Dunlap to do it." Mr. Robison also says he
believes Mr. Dunlap, too, is entirely innocent.

Mr. Dunlap's story is that a mysterious stranger appeared at his house one
morning with an envelope full of money and told him Mr. Roberts wanted the
money delivered to an office downtown. Mr. Dunlap said he did deliver the
money as a favor for his old friend, with whom he had gone to high school.

Mr. Roberts, asked about Mr. Robison's and Mr. Dunlap's comments, granted a
long interview but insisted that all but one sentence be off the record. On
the record he said: "I never passed any money to anyone."

 Mr. Adamson was not available for comment.

The Molly Ivins article, the first stemming from our investigation other than
Don Devereux's pieces in the Progress, put Arizona authorities on notice that
they couldn't confine scandals to their cozy corner of the country, that the
whole nation might start watching.

Molly Ivins did keep watching. It was just the kind of pressure—not pleas for
justice to the attorney general's office, police, and the Phoenix media-that
represented Max's and Jim's best hope.


Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Roads End

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