November 26, 2021

Bohn wants murder verdict tossed

Claims judicial bias, misconduct; asks for new trial

The man found guilty of murdering 2-year-old Kassidy Dain is looking to vacate the verdict and requesting a new trial, alleging judicial bias, prosecutorial misconduct and juror misconduct.

Dorain Bohn, 29, originally from the Buffalo area, was convicted Feb. 4 of second-degree murder, first-degree manslaughter, felonies, and endangering the welfare of a child, a misdemeanor. Kassidy died of injuries she received while Bohn was watching her at their apartment at 11 Elm St., McGraw on April 19, 2018. Kassidy’s skull was fractured, an autopsy showed. She also suffered internal injuries to her abdominal area, including the end of the large intestine. Pathologists also found more than 50 bruises on the girl, including every extremity.

Bohn’s lawyer, Cortland County Public Defender Keith Dayton, alleges in court documents:
• A juror posted on social media “winner, winner chicken dinner. I am the chosen one,” therefore validating his identity as a juror.

• A juror ignored the court’s warnings to stay off social media and was likely to have viewed news reports related to the trial.

• A juror posted an ad for a hand-held alcohol analyzer — a piece of evidence introduced at trial — and posted a statement about “the need to protect children from evil.”

• A juror researched information about alcohol sensors and posted the research to a social media account.

Dayton is also arguing the inference of a sexual assault on Kassidy during the trial prejudiced jurors against Bohn. Bohn, who was not charged with the crime and the tests came back negative.

“The jury could not un-hear or disregard the insinuation of this magnitude and gravity,” court documents read.

Other allegations for appeal include:
• Judicial bias through the denial of Stuart L. Phoenix’s testimony as a witness for the defense in fiber and fiber movement.

• Witness tampering, where prosecutors persuaded a witness to avoid a defense subpoena and where prosecutors apparently encouraged Krystal Dains to give testimony different from her pre-trial statements about her daughter’s bruising and Bohn’s violence.

• The misuse of the subpoena process that denied Bohn’s family the right to attend the trial, because they had been subpoenaed to testify the prosecution, but were never called.

• Failure to disclose photographs and destruction of evidence, because pathologist Dr. James Terzian was not given information regarding Kassidy’s old bruises.

• That the police failed to look for any evidence that corroborated Bohn’s statements, a point Dayton made at trial.

Cortland County District Patrick Perfetti said the defense must meet two conditions: that the trial was mishandled in a way the defense objected to, and that the error was egregious enough to warrant overturning the conviction.

“None of the issues that they have advanced meet either of those prongs,” Perfetti said.

Dayton declined comment.