GUILTY IA - Nohema Graber, 66, HS teacher, beaten to death by students, Fairfield, Nov 2021 *arrests

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@Gardenista - were you listening to the above? Is the Judge going to come back today with his decision or was it adjourned? Did not understand the last part where the Judge said he will going into chambers.
TIA! :)
 
Hearing is supposed to start in about 8 minutes

Thanks for link @Gardenista.

I was livid after the last suppression hearing! Both Miller and his mother could use some humility.

I'm hearing rumblings that Goodale is cooperating and will testify against Miller. Miller's defense has long been that he was not involved in NG's death but was forced by others to help move/hide her body. :mad:

 
@Gardenista - were you listening to the above? Is the Judge going to come back today with his decision or was it adjourned? Did not understand the last part where the Judge said he will going into chambers.
TIA! :)

Judge was going to chambers because he was going to talk to AG Brown. I suspect the defense as well but only heard Brown confirm. Also, Judge did not say he was coming back today with his decision. Audio was mostly bad for me but I'm going to relisten with captions. MOO
 
Judge was going to chambers because he was going to talk to AG Brown. I suspect the defense as well but only heard Brown confirm. Also, Judge did not say he was coming back today with his decision. Audio was mostly bad for me but I'm going to relisten with captions. MOO

Thanks - I figured the Judge would not be back today with his decision - they seem to like to drag this out...
And yes I heard - I think it was Brown or the other prosecutor say the Goodale will be testifying against Miller. Must have some kind of plea deal going?!
 
In a police interview, Miller described the frustrations he had with the way Graber taught Spanish and over how the grade in her class was lowering his GPA.

"The poor grade is believed to be the motive behind the murder of Graber which directly connects Miller," court documents filed by Jefferson County Attorney Chauncey Moulding and Assistant Iowa Attorney General Scott Brown said.

Miller initially denied any involvement in Graber's disappearance but "later stated he had knowledge of everything but did not participate," according to court documents. He told police that the real killers - a "roving group of masked kids" - forced him to provide his wheelbarrow to help move her body and to drive her van from the park.
11/2/22

 
Hearing is supposed to start in about 8 minutes


3/29/23-- Suppression Hearing for defendant Miller:

IMO, Miller's defense should be sanctioned for wasting the court's time on issues previously heard and ruled on by the court last November.

I believe the court agreed to hear the motion because the Court's ruling last November is on appeal with SC.

Essentially, upon defense learning that Goodale is now a witness for the prosecution, they are in Court arguing the same issues as last November but this time on behalf of Goodale!

Argued that under the "Conspiracy" charge -- co-conspirator's statements can be entered as if statements made by the defendant himself (Miller). Here, they also argue that juvenile laws apply and these statements must be suppressed as a matter of Conspiracy laws. Previously, the court ruled that juvenile law does not apply under a forced felony charge as with the murder of NG.

All other arguments were cited as violations of Miller's constitutional rights including an invalid search warrant, no arrest warrant, and illegal collection of evidence because Miller was taken to LE Center instead of an evidence collection officer taking his DNA and under-nail samples at his residence during the morning of 11/4/21 when Miller served with a search warrant in the early morning hours!

Further alleging seizure of evidence w/o warrant because Snap Chat Warrant did not include Miller's name on the photos obtained by warrant written for Goodale. :rolleyes:

Defense requested a full Franks hearing.

Prosecutor shot back during the hearing that all these alleged violations of Miller's civil rights are coming 39 days before Trial. Asked court to summarily deny defense motion based on the failure of procedure (issues previously heard and ruled).

MOO
 
Hey @Tiger Stripes - nice to see you back on WS!
Both Hands Waving Smiley
Thank you! Nice to *be* back! Returned **just in time** for the AM trial -- and what a doozy *that* was! Now...a trial (or two) coming up right here, in my own neck of the woods (thankfully am *not* local to this case; sufficiently "creeped out" by it even from a distance... :mad:).

On my way home from work today, turned on the radio just as they gave an interesting news tidbit re: this case: Sounds like *one* of the defendants has cut a deal with the prosecutors (but they didn't include any details of the deal), and that said defendant will be testifying against the other defendant (two separate cases, but definitely related).
 

20 hours ago - Apr. 5, 2023
Two more avenues for relief have been slammed shut for Willard Miller, one of two teens accused of killing their Fairfield Spanish teacher in 2021.
[.....]
The now-17-year-old Miller has been waging a fierce legal fight to undermine the case against him, arguing that his constitutional rights were violated.

Here's what the new rulings Friday mean, and what happens next.

Judge won't suppress evidence​

At a March 29 hearing, Miller argued that police had unlawfully arrested him despite only having a warrant to collect his DNA, violated his codefendant Goodale's rights in collecting evidence that also implicates Miller, and lied to a judge to secure search warrants during the investigation.

Judge Shawn Showers rejected each dispute. Showers found police had probable cause to arrest Miller, that Miller failed to show evidence officers had been untruthful, and that Miller has no standing to argue for Goodale's constitutional rights if Goodale himself ― who a prosecutor said plans to testify for the state ― does not.
[.....]

Supreme Court denies appeal​

Although Showers rejected Miller's first motion to suppress evidence in January, defense attorneys had appealed that decision to the Iowa Supreme Court, which declined Friday to accept the appeal.


more in article
 
Miller's docket update:

Event Filed By Filed Create Date Last Updated Action Date
OTHER ORDER SHOWERS SHAWN 03/31/2023 03/31/2023 03/31/2023
Comments: DEFENDANT'S SECOND MOTION TO SUPPRESS AND MOTION FOR FRANKS
HEARING ARE BOTH OVERRULED AND DENIED.
JURY TRIAL 04/21/2023
@ 8:30AM POTTAWATTAMIE COUNTY.

OTHER ORDER APPELLATE COURTS 03/31/2023 03/31/2023 03/31/2023
Comments: APPLICATION FOR DISCRETIONARY REVIEW AND INTERLUCTORY APPEAL
DENIED

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Miller docket update:

Event Filed By Filed Create Date Last Updated Action Date
RETURN OF SERVICE - DILIGENT SEARCH JEFFERSON COUNTY SHERIFF OFFICE 04/14/2023 04/14/2023 04/14/2023
Comments: DILIGENT SEARCH - CA CANCEL; $20

ORDER SETTING HEARING SHOWERS SHAWN 04/14/2023 04/14/2023 04/14/2023
Comments: HEARING 04/18/2023 09:00 AM 51CR.

RETURN OF SERVICE ON SUBPOENA JEFFERSON COUNTY SHERIFF OFFICE 04/13/2023 04/13/2023

04/13/2023
Comments: SERVED ZA 04/12/2023; 46.79.

RETURN OF SERVICE - DILIGENT SEARCH JEFFERSON COUNTY SHERIFF OFFICE 04/13/2023 04/13/2023
04/13/2023
Comments: JB; 04/12/2023 $29.83

ORDER FOR TRANSPORTATION SHOWERS SHAWN 04/11/2023 04/12/2023 04/12/2023
Comments: AMENDED.

RETURN OF SERVICE ON SUBPOENA JEFFERSON COUNTY SHERIFF OFFICE 04/11/2023 04/11/2023
04/11/2023
Comments: SERVED 3 DIFF INDIVIDUALS ON 04/10/2023; $118.45

RETURN OF SERVICE ON SUBPOENA JEFFERSON COUNTY SHERIFF OFFICE 04/11/2023 04/11/2023
04/11/2023
Comments: SERVED ZMGF 04/11/2023; $37.00

ORDER FOR TRANSPORTATION SHOWERS SHAWN 04/10/2023 04/11/2023 04/11/2023
Comments: EDMS COPY:

ADDITIONAL MINUTES OF TESTIMONY BROWN SCOTT DEAN 04/06/2023 04/07/2023 04/07/2023
Comments: NOTICE OF ADDITIONAL WITNESS AND MINUTES OF TESTIMONY

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm




Goodale docket update:

Event Filed By Filed Create Date Last Updated Action Date
ORDER FOR TRANSPORTATION SHOWERS SHAWN 04/14/2023 04/14/2023 04/14/2023

ORDER SETTING HEARING SHOWERS SHAWN 04/14/2023 04/14/2023 04/14/2023
Comments: HEARING 04/18/2023 10:15 AM 51CR.

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Now this article says there is a pretrial on Thursday, but the court site is on 4/18, which is a Tuesday... and the court site has not added or subtracted that date.


April no date on article
A trial begins this week for one of two Fairfield teens charged with killing their high school Spanish teacher, one of the most high-profile murders in Iowa in recent years.
[.....]
A pretrial hearing for Miller is scheduled for Thursday, and jury selection is to begin Friday. Goodale is expected to testify against Miller.

The Register’s courts reporter, William Morris, will provide daily coverage of the trial, which is being held in Council Bluffs because of concerns about the possible effects of pretrial publicity on a jury pool in Jefferson County.



I hope this reporter knows he has the wrong date... or he will miss it... :D
 
Tuesday, April 18th:
*Hearing (@ 9am) - IA - Nohema Graber (66), HS teacher, beaten to death by students, reported missing on Nov. 3, 2021, Fairfield; found in Chautauqua Park on Nov. 3, 2021. - *Willard Noble Chaiden Miller (16/now 17) arrested & charged (11/4/21) & arraigned (11/29/21) with 1st degree murder, an A felony & 1st degree conspiracy to commit homicide in, a C felony. Being charged as adult. Plead not guilty. $1M cash bond.
Trial set to begin on 4/21/23 (@ 8:30am) with jury selection & testimony to begin on 4/24/23. Trial was moved from Fairfield, Jefferson County in southeast Iowa to Council Bluffs in Pottawattamie County.
Crime & case info from 11/3/21 to 3/24/23 reference post #178 here:
https://www.websleuths.com/forums/t...ents-fairfield-nov-2021-arrests.599830/page-9

3/28/23: Resistance to defendant's Motion to Suppress filed by Chauncey Tyler Moulding. Pretrial motions hearing on 3/29/23.
3/29/23 Update: Defense brought up 6 issues regarding Miller's constitutional rights that were violated. Judge has sealed the search warrant/affidavit. Defense also asked for a Frye hearing. State said all 6 issues had already been brought up before & all their issues were denied by the court. Jeremy Goodale has reached a deal with prosecutors & intends to testify against classmate Willard Miller, Jefferson County Attorney Chauncey Moulding said at a hearing on Wednesday. It was not immediately clear whether he has been offered any leniency in return for his testimony against Miller. Next jury selection to begin on 4/21/23.
4/5/23 Update: Supreme Court denies appeal. Although Judge Showers rejected Miller's first motion to suppress evidence in January, defense attorneys had appealed that decision to the Iowa Supreme Court, which declined Friday to accept the appeal. 3/31/23: Order-Defendant's 2nd motion to suppress & motion for Franks hearing are both overruled & denied by Judge Shawn Showers. Jury trial begins on 4/21/23 @ 8:30am in Pottawattamie County.
4/7/23: Notice of additional witness & minutes of testimony filed by Scott Dean Brown. 4/11/23: Order for transportation by Judge Shawn Showers. Subpoenas served 3 difference individuals on 4/10/23 by Jefferson County Sheriff's office. 4/12/23: Order for transportation amended by Judge Shawn Showers. 4/13/23: Return of service-diligent search by Jefferson County Sheriff's Office. Subpoena served ZA on 4/12/23. 4/14/23: Order setting hearing on 4/18/23 @ 9am by Judge Shawn Showers. Return of service-Diligent Search-cancelled.

ALSO:
*Hearing (@ 10:15am) - IA - Nohema Graber (66), HS teacher, beaten to death by students, Nov. 3, 2021, Fairfield - *Jeremy Everett Goodale (16/now 18) arrested & charged (11/4/21) & arraigned (11/29/21) with 1st degree murder, an A felony & 1st degree conspiracy to commit homicide in, a C felony. They are being charged as adults. Plead not guilty. $1M cash bond.
Trial set to begin on 5/15/23. Trial moved from Fairfield in Jefferson County to Davenport in Scott County for trial.
Court info from 11/4/21 thru 11/4/22 reference post #131 here:
https://www.websleuths.com/forums/t...ents-fairfield-nov-2021-arrests.599830/page-7

11/17/22 Update: Pretrial motions hearing on 11/21/22. Added a pretrial conference hearing on 5/4/23 @ 11am & Judge sets 5/15/23 as the new trial for Goodale. 11/22/22 Update: Next pretrial conference hearing on 5/4/23 @ 11am in Jefferson County & trial set to begin on 5/15/23 @ 8:45am in Scott County. Order for continuance.
3/29/23 Update: Goodale has reached a deal with prosecutors & intends to testify against classmate Willard Miller, Jefferson County Attorney Chauncey Moulding said at a hearing on Wednesday. It was not immediately clear whether he has been offered any leniency in return for his testimony against Miller.
4/14/23: Order setting hearing on 4/18/23 @ 10:15am & Order of transportation by Judge Shawn Showers.
 
Plea agreement reached with Miller. State recommends minimum 30 years, max life w/ parole
Miller is eligible for parole since he was a 16 yr old juvenile at the time of the murder.

He deserves no consideration for leniency, not ever, since he won't admit to swinging the bat -- contrary to the evidence. MOO

IMO, Miller was the ringleader in this murder.
 
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