SUMMARY OF INVESTIGATION AND OFFICIAL FINDINGS

Santa Clara County Medical Examiner’s Office Report of Investigation Dated 1/29/2009:

Medical Investigator Patra Albrecht arrived on scene at approximately 1710 (5:10pm) on November 22, 2008.  She noted no apparent trauma, no blood or bloody clothing, and that there was a standard orange electrical cord near Junior’s body with two round loops tied with a knot.  Surgical tape was placed around the knot.  She specifically noted two horizontal ligature marks on his neck.  The cord was placed with Junior’s body and is detailed in the Report of Autopsy attached.

“PATHOLOGICAL FINDINGS:  [Autopsy, pp. 6-7]

1.     Ligature Hanging

a.     Found hanging in basement of fraternity house by a fraternity brother.

b.     Ligature furrow present on neck of decedent.

c.     No note of intent identified at the scene.

2.     Post mortem blood alcohol content of .07 grams%.

3.     No other injuries identified.

CAUSE OF DEATH:                               Ligature Hanging

MANNER OF DEATH:                                      Suicide

Glenn V. Nazareno MD – Medical Examiner”

Investigating Entities in the Suicide of Gregory Johnson Jr.:

• San Jose State University Police Department

• Santa Clara County Medical Examiner’s Office

• Santa Clara County District Attorney’s Office

• Federal Bureau of Investigation

FALSE, INACCURATE AND MISLEADING ALLEGATIONS WITH RESPONSES

CLAIM: “He (Gregory Johnson Jr.) was murdered.”

RESPONSE:  False.  Junior’s cause of death was determined by the Santa Clara Medical Examiner to be suicide as a result of ligature hanging.  Autopsy p. 7, January 29, 2009

CLAIM: “He was murdered by his frat brothers.”

RESPONSE:  False.  See Autopsy Report. 

CLAIM: “His death was covered up and hidden from the public”

RESPONSE:  False.  Junior’s death was immediately reported upon discovery.  The San Jose Fire Department responded and pronounced his death.  The San Jose PD and San Jose State University Police responded along with the Santa Clara County Medical Investigator. The Autopsy report was and remains a public document.

CLAIM: “There were signs of a struggle.”

RESPONSE:  False.  The Medical Examiner’s report of her examination of Junior

specifically noted that “There was no apparent trauma noted about the remains.” Albrecht Report, p. 3 

The Autopsy report specifically notes:

• Hands: “The dorsal and palmar surfaces of the hands were intact and without evidence of injury or trace injury.” Autopsy p.2

• Torso: There was no bruising or injury to the torso found on the body.

• Head: “Reflection of the scalp shows the usual scattered reflection petechiae.”  “The calvarium is intact.”  “The brain weighs 1480 grams.” “The dura mater and falx cerebra and unremarkable and the leptomeninges are thin and delicate.”  “The structures at the base of the brain, including cranial nerves, are free of abnormality.” “Sections through the cerebral hemispheres reveal no lesions within the cortex, subcortical white matter, or deep parenchyma of either hemisphere.  The cerebral ventricles are of normal caliber.  Sections through the brainstem, pons, medulla oblongata, and cerebellum are unremarkable.” “Nose and ears are not unusual.”

CLAIM: “Campus police coordinated with the FBI to cover it up”

RESPONSE:  False.  There is no evidence to support this claim.  The Autopsy report is dated January 29, 2009.  Denise Johnson, Junior’s mother, first contacted the FBI in May, 2009.  See FBI report, supra

CLAIM: “His (Gregory Johnson Jr.’s) death was ruled a suicide, despite the fact that it was investigated by the FBI as a potential hate crime.”

RESPONSE:  The FBI determined there was no evidence of a hate crime.   The Federal Bureau of Investigation investigated the results of the findings at the request of Denise Johnson.  The FBI reported to Denise Johnson that “the FBI concluded the review of the investigation conducted by the Santa Clara County Coroner’s Office and the San Jose State University Police Department into alleged murder of Gregory Johnson.  The review of the reports of the investigation did not produce any evidence of a hate crime or any violation of federal laws.”  [ FBI report of telephonic conversation with Denise Johnson, July 30, 2009]

Source:  Instagram – Justiceforgregoryjohnson – 9/12/2020

CLAIM: “When Gregory’s mother, Denise Johnson, requested the result of the FBI investigation under the Freedom of Information Act, her request was denied.  The investigation results were allegedly withheld due to “matters of national security”.

RESPONSE:  We are unaware of any evidence to support a claim of “national security.”

CLAIM: “The DA and the courts refused to file charges.”

RESPONSE:  False.  Other than the unsubstantiated claims of Mrs. Johnson, there was and remains no basis for the filing of “charges.” 

CLAIM: “Gregory Johnson Jr’s parents still have no answers to how their son, with no suicidal history or signs of mental illness, was found hanging in the basement of the fraternity.  The scar on the back of his head was the result of blunt force trauma, not reported in the autopsy”

RESPONSE:  False.  There was no evidence of blunt-force trauma to the back of Junior’s head.

According to the Harvard Medical School suicide is often not preceded by warnings.

“Although some people who commit suicide have an identifiable mental health problem, like depression or addiction, others don’t. Some talk about wanting or planning to kill themselves or give other hints, others don’t. The decision to commit suicide might be made just minutes or hours before that act.”  https://www.health.harvard.edu/blog/suicide-often-not-preceded-by-warnings-201209245331

Further, The National Alliance on Mental Illness reported in 2017 that suicide is the second highest cause of death amongst African American males age 15-24.  See NAMI web site.

CLAIM: “6 Inch crack in the back of his (Gregory Johnson Jr.’s) skull.”

RESPONSE:  False.  See Autopsy Report section HEAD (CENTRAL NERVOUS SYSTEM); The brain was removed from the skull as part of the autopsy.  The cranium is cut and subsequently replaced.  There is no 6” crack.  There was undoubtedly a portion of the cut observed in the back of his skull. [Autopsy p. 4]

CLAIM: “Alleged cause of death was ligature hanging but he (Gregory Johnson Jr.) had no evidence of it on his body and had a crack on his head leaking brain matter.”

RESPONSE:  False.  See discussions above. Both the Medical Investigator and Medical Examiners reports discuss at some length the presence of ligature marks and removal of the brain during the autopsy.

CLAIM: “There were no ligature marks on his (Gregory Johnson Jr.’s) neck that indicated he was hung.”

RESPONSE:  False.   See Autopsy and Medical Investigator’s reports.  “At the front of the neck, the two ligature marks go horizontally…” [Albrecht, p. 1]  On the neck of the decedent are two separate circumferential furrows, measuring approximately 16-1/2 inches in length and ½ in width (superior) and 17 inches in length and ¾ inch in width (inferior).  The lower point of these furrows are located above and below the laryngeal prominence at the anterior midline of the neck situated approximately 11-1/2 inches and 12 inches below the top of the head respectively [Autopsy, p.3]

CLAIM: “No signs of strangulation”

RESPONSE:  This claim is confusing.  Indeed there are no signs of “strangulation.”  See Autopsy p. 3, “Neck Dissection:  Examination of the soft tissues of the neck, including large vessels and strap muscles reveals no abnormalities.  A complete layered neck dissection demonstrates no hemorrhage in the soft tissues or musculature of the neck.  The hyoid bone and larynx are intact….”  There is substantial evidence of Ligature hanging.

CLAIM: “Gregory’s neck was broken”

RESPONSE:  False.  See above response and Autopsy report on Neck Dissection.  Also under “Pathologic Findings, III  No other injuries identified.”

CLAIMS ABOUT PHYSICAL EVIDENCE

CLAIM: “Blood was found covering his (Gregory Johnson Jr.) room and his clothing.”

RESPONSE:  False.  There was no blood noted on any of Junior’s clothing by either the Medical Investigator or the Medical Examiner nor any wound that would give rise to this claim.  Albrecht did not note any “blood covering his room…” when she inspected it.

CLAIM: “The house had been scrubbed clean in an effort to cover up evidence.”

RESPONSE:  False.   See Medical Examiner’s report:  “A homemade “loft” with a mattress was in the upper far corner of the room, which the decedent used for a bed.  The room was messy with clothing and personal items thrown about.” [Albrecht 1]  No blood soaked anything is observed and room was messy, not scrubbed clean.

CLAIM: “Till this day, we have seen no evidence that he was ever in the basement.”

RESPONSE:  False.  “The decedent was found in the basement of the residence which was used for storage.”   Albrecht report, P.1

CLAIM: “The ceiling was 5’10”, Gregory was 6’1”

RESPONSE:  True. 

CLAIM: “She (Denise Johnson) found his (cell) phone but it had been wiped clean.”

RESPONSE:  False.  It is our understanding that the UPD took possession of cell phones.

MISCELLANEOUS CLAIMS:

CLAIM: “Gregory never drank or used drugs.”

RESPONSE:  See Autopsy, “PATHOLOGIC FINDINGS II Post mortem blood alcohol content of 0.07 grams%” [Autopsy, P.6]

CLAIM: “Reverend Denise Johnson of Clearlake, mother of Gregory Marcel Johnson, Jr. 20, told reporter Joan Moss on Jan 29, 2009 that Eric Wong, investigator for the San Jose State Campus Police, said autopsy reports concerning her son’s death stated the cause of his demise on November 22, 2008 are “inconclusive.”

RESPONSE:  At the time of that interview, the investigator had not received the final report.  The autopsy was performed on November 24, 2008, the blood analysis was not completed until December 15, 2008, the and full report signed on January 29, 2009 and released to UPD on 2/3/2009. 

CHAPTER DEMOGRAPHICS IN 2008

This demographic mirrors SJSU’s student demographic at that time, as well as the State of California.

CLAIM: “Only black member of SJSU’s Sigma Chi...”

RESPONSE:  False.  Junior was one of two currently active black members of his Sigma Chi chapter (not including recent alumni and current pledges not pictured in composite) 

EVENTS PRIOR TO 11/20/2008 

CLAIM: “There has been a party the night before at the Frat.”

RESPONSE:  False. Several members of the chapter attended a pledge dance hosted by another organization at a local hotel and then apartment several miles away.

LITIGATION CLAIMS 

On February 18, 2015, 6+ years after Junior’s suicide, the Johnsons filed a Civil Rights complaint in U.S. District Court, California Northern District, Civil Docket Number:  5:15-cv-00750-NC

The named defendants were:

                        San Jose State University

                        Sigma Chi Fraternity House, Inc       

                        San Jose State Campus Police Dept.

The Johnsons were given leave to proceed in pro per [self representation].

However, on February 26, 2015, attorney Raymond Eugene Willis became counsel of record for the Johnsons.  Mr. Willis has since passed away.

On March 23, 2015, the Johnsons, through counsel, filed a First Amended Civil Rights Complaint against all defendants and adding Sigma Chi Fraternity, Inc. [Docket 14]  The First Amended Complaint (FAC) basically re-stated all causes of action as in the original.  The complaint was executed under penalty of perjury by both Johnsons, attesting that the contents of the FAC were true of their own knowledge, except where alleged under information and belief.  No claims were made under information and belief.

The matter was assigned to Judge Nathanael Cousins who would ultimately dismiss the entire complaint without leave to amend.

In the complaint’s Introduction, Mrs. Johnson asserts that “When we told John Burris, Esq. (Civil Litigation Specialist) about the lack of ligature marks, he told us that meant Gregory was hung after he was already dead…” [Docket 14, 5:2-4] The problem with this claim is that ligature marks were noted and described in detail by Patra Albrecht during her original examination of Junior on November 22, 2008 as well as by Dr. Nazareno in his report of the autopsy.  See Autopsy report attached. Did Mrs. Johnson provide Mr. Burris with a copy of the autopsy or to her retained forensic pathologist, Dr. Posey, La Canada, CA.  She claims Dr. Posey opined that the “injury to the back of Junior’s head was “definitely” a result of blunt force trauma.”  There is no mention that Junior’s brain had been removed in the course of the autopsy and that Dr. Nazareno found that other than the ligature furrow on his neck, no other injuries were identified.  [Autopsy p. 6]  Also missing is any reference to Ms. Albrecht’s comments that “There was no apparent trauma noted about the remains.”  [Albrecht Investigation Report, p. 1]

The 3rd Cause of Action was for Negligence (FAC 16).  Therein, the claim is made that “the Decedent [Junior], while being restrained by an officer or group of officers from the San Jose State Police Department, was battered and was held in an illegal choke hold resulting in his death.” FAC 17:8-11. There is no evidence whatsoever set forth in the Autopsy report to support this claim.  It is false.  For this misrepresentation, plaintiffs sought $500,000,000.00 from defendants.

The 4th Cause of Action claimed Civil Rights Violations 42 U.S.C. Section 1983 where in

            “…that just prior to the death of the Decedent, Defendants did physically and forcibly restrain Decedent without probable cause, and absent exigent circumstances, thereby violating Decedents’ rights of privacy and security in his home…”  FAC 19:2-4  No facts are provided.  None exist.

The 5th Cause of Action claimed a “Failure to Prevent Conspiracy to Deprive Federally-Protected Right wherein:

            Defendants, San Jose Police Department and the San Jose State University Police Department co-facilitated a conspiracy between Defendants San Jose State University and Sigma Chi fraternity and other individuals, to deprive Plaintiffs of their federally protected rights on or about November 8, 2008…”  SJPD was not a defendant and this also was nothing more than a false and unsupported claim devoid of facts or logic.  

On April 27, 2015, the Sigma Chi Defendants filed their motion to dismiss. [Docket 28]  On May 11, CSU filed its motion to dismiss. Denise Johnson’s Declaration in opposition to the Sigma Chi Motion was filed on May 7, 2015. [Docket 33]  The claim is repeated that there was a six inch gash in the back of Junior’s head…ignoring that no pre-autopsy gash was noted by either the medical investigator or by Dr. Nazareno, who performed the autopsy. [Docket 33, 2: 10-12.] 

Mrs. Johnson then sets forth the individuals she had contacted in this matter.  They include State Assemblyman Sandre Swanson (who filed an appeal with then Governor Brown to no avail), Senators Feinstein and Boxer, Attorney Robin Yeamans, a complaint about the SJBD, closed by retired Judge LaDoris Cordell, the Independent Police Auditor, Congressman Mike Thomas, and the filing of a complaint against SJSU, SJSUPD, Detectives Soto and Wong and the Chief of Police.

The CSU claim was filed on November 4, 2011 and attached to CSU’s Motion to dismiss.  See Docket 36-2, pp. 2 & 3.  Therein:

            “14.  CSU or CSU employees against whom this claim is made:

            Andre Barnes (chief),  Sigma Chi Fraternity, Eric Wong (Det)

            Santos (Det), SJSU Police Dept. SJSU”

            “15.  Dollar amount of claim: $500,000+[sic]

                     Explain how you calculated the amount:

                        Wrongful death of Gregory Johnson, Jr”

            “16.  Location of Incident:  Sigma Chi Fraternity, 284 s 10th st”

            “17.  Describe the specific damage or injury: Gregory Johnson Jr,

            Death, Broken Neck Cracked Skull”

            “Explain the Circumstances that led to the damage or injury:

            Gregory got into fight on or about Nov. 22, 2008 and was

            MURDERED.

            “19.  Explain why you believe the CSU is responsible for the

            Damage or injury:  No security cameras in house, no house

            parent live in,  No house telephone, No drug, alcohol free zone”

This is the only time any mention of a fight was mentioned.  Again, there was no broken neck and no cracked skull.  See Autopsy report.

This claim was denied by CSU on November 15, 2011 as being made more than 29 months late. Defendants Motions to dismiss were granted on July 15, 2015 by Judge Cousins.