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

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apnews.com

Prosecutor: Iowa teens killed Spanish teacher over bad grade

Prosecutors say two Iowa teenagers killed their high school Spanish teacher last year because of frustration over a bad grade.
apnews.com apnews.com

”Investigators found that Miller met with Graber at Fairfield High School on the afternoon of Nov. 2, 2021, to discuss his poor grade in her class. Graber later drove her van to a park where she was known to take daily walks after school, authorities say. Witnesses saw her van leaving the park less than an hour later with two males in the front seat.

[…]
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.“
 
There are no words to express how I feel about this. Two kids brutally murder a teacher because of a bad grade. Now she is dead and their lives are effectively over. And how many others' lives destroyed (her family and the boys' families)?

Many crimes on here make me extremely angry. This one, honestly, just makes me sad.
 
Today there is a hearing involving the search warrants issued and probable cause for those warrants. It sounds to me that the police had more probable cause then they put on papers for the judge issuing the search warrants so defense wants the search warrants and any evidence from those search warrants excluded from court. The defense also questioned the officer involved in the interrogation about the paper signed by the parent of the one defendant giving the police the ok to question their minor child. At some point during the interrogation the wavier was suspended by a parent and questioning was halted. Interesting court proceedings today. They are on lunch break now. Today is for Willard Miller. My opinion only.
 
Last edited:
musicaljoke said:
What is WM wearing? It looks like a padded vest, but what is it?
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It appears to be a Kevlar vest….a bullet proof vest of some kind. I would assume the authorities have received some threats against the defendants life. I’ve noticed in some of the cases the accused will have a Kevlar vest of one kind or another on before the trial starts. My opinion only.
 
Thundar said:
It appears to be a Kevlar vest….a bullet proof vest of some kind. I would assume the authorities have received some threats against the defendants life. I’ve noticed in some of the cases the accused will have a Kevlar vest of one kind or another on before the trial starts. My opinion only.
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In the photos I've seen, both defendants have been seen wearing similar vests which I also believed were Kevlar vests.

Perhaps this is the protocol to transport defendants from the county youth detention center to Court.

I'm following two other juvenile cases where alleged gang activity and retaliation were cited during the bond hearing, and where a defendant was also wearing a vest. MOO

1667504411525.png

photo credit:
apnews.com

Prosecutor: Iowa teens killed Spanish teacher over bad grade

Prosecutors say two Iowa teenagers killed their high school Spanish teacher last year because of frustration over a bad grade.
apnews.com apnews.com
 
lawandcrime.com

Teenagers Beat Spanish Teacher to Death Because She Gave One of Them a Bad Grade: Prosecutors

Prosecutors reportedly believe teenagers killed their high school Spanish teacher — brutally ambushing her during her daily walk at a park — because one of them got a bad grade.
lawandcrime.com lawandcrime.com

11/2/22

Miller’s attorney Christine Branstad reportedly wants to suppress evidence from his home as well as his statements to police, information from his cell phone, and also Snapchat. As part of her attempt to strike down the results of four search warrants, the lawyer argued investigators failed to show the magistrate judge their informant was reliable or that the information should be treated as reliable.
 
www.thegazette.com

Teen accused of killing teacher struggled in her class, mom says

During a suppression hearing, the mother of one of the teens accused of killing their Fairfield High Spanish teacher last year said her son received lower grades in her class compared to his other classes. Prosecutors said that’s a possible motive for murder.
www.thegazette.com www.thegazette.com

11/2/22

FAIRFIELD — The mother of one of the Fairfield teens charged with killing their Spanish teacher last year admitted Wednesday that her son was “struggling” in that class, which the prosecution pointed to in court documents as his motive in the slaying.

Annalisa Clifford Gold, mother of Willard Chaiden Noble Miller, 16, testified during a suppression hearing Wednesday that her son transferred from the Maharishi school to Fairfield High School when he started his freshman year. Last year, as a sophomore, he had Nohema Graber for Spanish class and received lower grades than his usual A’s and B’s in other classes.

Before this hearing — at which the defense asked a judge to suppress evidence against Miller and the other charged teen, Jeremy Goodale, 17 — prosecutors filed documents that included Miller’s statements to law enforcement about receiving bad grades from Graber, which “directly connects Miller” to the crime.

Snapchat messages between a juvenile — identified in court documents as “J.B.” — and Goodale showed Goodale’s involvement and that he acted with another person to kill Graber, according to the recent court documents. J.B. also said Goodale made statements that implicate both Goodale and Miller.

[..]

Gold wasn’t allowed to see her son, but she thought he was in the room with other students and they were being interviewed as a group. Gold said she didn’t know Graber was dead at that point, only that she was missing.

She didn’t read the document herself because investigators came to her home early Nov. 4 and she couldn’t find her glasses. A DCI agent “paraphrased” it for her, she said.

The defense is arguing that, according to juvenile law, Miller’s parents should have been informed about their son being in custody and that officers should have stopped the interview when Gold asked.
 
Seattle1 said:
lawandcrime.com

Teenagers Beat Spanish Teacher to Death Because She Gave One of Them a Bad Grade: Prosecutors

Prosecutors reportedly believe teenagers killed their high school Spanish teacher — brutally ambushing her during her daily walk at a park — because one of them got a bad grade.
lawandcrime.com lawandcrime.com

11/2/22

Miller’s attorney Christine Branstad reportedly wants to suppress evidence from his home as well as his statements to police, information from his cell phone, and also Snapchat. As part of her attempt to strike down the results of four search warrants, the lawyer argued investigators failed to show the magistrate judge their informant was reliable or that the information should be treated as reliable.
Click to expand...
^^bbm

Appending to my post after listening to the Franks Hearing portion where IMO, it was very lame for the defense to attempt to characterize two juvenile classmates of the defendants as "confidential informants" that should be held to the standard of a confidential drug informant (to a magistrate) where a drug informants identity is protected generally for security/safety reasons and prevent gang retaliation.

AG Brown put it best when he provided that the student witnesses' identities were students that came forward because it was the right thing to do when they learned their teacher was located deceased and the victim of homicidal violence, and their names were not being shielded because they were confidential informants to police but because they are JUVENILES and this protection of their identity is required by statute (just as the defendants are referred to in court documents by their initials)! MOO
 
Good deed? Unbelievable... :eek:

ktvo.com

Defense highlights teens good deeds during Fairfield murder case hearing

The hearing for one of two Fairfield teens charged with murder took place Friday. Willard Chaiden Miller, 16, is charged as an adult with first-degree murder in the death of Nohema Graber, 66, of Fairfield, a Spanish teacher at Fairfield High School. Her body was found last November in a nearby...
ktvo.com ktvo.com

5/6/22

FAIRFIELD, Iowa — The hearing for one of two Fairfield teens charged with murder took place Friday.

Willard Chaiden Miller, 16, is charged as an adult with first-degree murder in the death of Nohema Graber, 66, of Fairfield, a Spanish teacher at Fairfield High School. Her body was found last November in a nearby park. Graber had been reported missing on Nov. 3, 2021, before her body was found later in the day.

Miller asked a judge to move his case to juvenile court.

Friday's hearing was originally set for late January, but the defense wanted to exclude the media and public from the hearing, saying confidential and potentially biased information would be shared.

A Jefferson County judge denied the request and earlier this month the Iowa Supreme Court upheld that decision.

During the hearing, the defense argued that Miller can be rehabilitated.

The defense brought up all of Miller’s good deeds.

One of the people writing said that they essentially babysat Mr. Miller's hamster. And when the 4-year-old became attached to the hamster, he let the 4-year-old keep the hamster,” said Miller’s attorney Christine Branstad.
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Although the March hearing was postponed until November, the State's position on the matter did not change whatsoever.

cbs2iowa.com

Attorneys for Fairfield teens accused of murder fighting evidence, publicity of case

In a filing Wednesday, defense attorney Christine Branstad says law enforcement violated Willard Miller's rights in investigating the homicide of Nohema Graber. Branstad is asking for some evidence and statements made by Miller to be suppressed. Branstad says a November 4th search warrant to...
cbs2iowa.com cbs2iowa.com

3/2/22

Branstad is asking for some evidence and statements made by Miller to be suppressed.

Branstad says a November 4th [2021] search warrant to search Miller's home failed to establish probable cause or sufficient reason to seize his computer and phone. She says the warrant application contains no information about the phone or computer and doesn't connect either to the alleged crime.

A November 5th [2021] search of the phone itself is also being contested by the defense.

Miller was questioned by police November 4th [2021] and Branstad argues he wasn't sufficiently made aware of his rights or the reason for the interrogation.


At the police station, law enforcement presented Miller’s mother with a juvenile waiver and informed her they wished to speak with her son regarding a missing person (Nohema Graber). Miller’s mother was informed about vandalism at Graber’s home. At no time was Miller’s mother informed: the warrant regarded a homicide investigation, the body of Graber was found, or Miller was a suspect.
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While Miller signed the juvenile waiver and was read his Miranda rights, Branstad argues Miller didn't validly waive his rights because Miller was not told his "arrest and placement in custody was due to a murder investigation."

Branstad argues the juvenile waiver did not meet the requirements under Iowa statute for a juvenile to be questioned because law enforcement didn't inform Miller's mother about the alleged crime.

"Additionally, law enforcement did not adequately convey the parental right to confer with Miller during the interrogation, further necessitating suppression of Miller’s statements," the filing says.

[..]

Prosecutors says the defense is improperly citing state statute "as this is presently a district court action and the Defendant is at this time, legally considered an adult."

The state argues that because the accused crime is a forcible felony, it's excluded from the jurisdiction of juvenile court unless it's transferred.

A juvenile courts officer is expected to testify about a waiver report, prosecutors write, but the confidential report itself will not be publicized. Prosecutors says closing the entire case to the public is not appropriate in a system that provides the public with faith and confidence in fair outcomes.

The Defendant, in effect, is requesting a secret hearing to present confidential evidence as to whether the remainder of his First Degree Murder trial should be held behind closed doors. This is not in keeping with the principals of the American justice system, and his request should be denied.
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Statutory ExclusionIowa Code Sec. 232.8
Designated offenses committed by a child 16 or older are excluded from juvenile court jurisdiction and prosecuted in adult court.

Offense CategoryMinimum AgeOffense Detail
Certain Felonies16Forcible felonies.
Drug16Manufacturing, delivering, or possessing controlled substances with intent to deliver, while in the immediate possession or control of a firearm or offensive weapon.
Weapon16Felony-grade weapons violations, or any weapons violation committed by a criminal street gang member for the benefit of, at the direction of, or in association with a criminal street gang.

Reverse WaiverIowa Code Sec. 232.8
A child accused of an offense excluded from juvenile jurisdiction may nevertheless be transferred to juvenile court "upon motion and for good cause."

Offense CategoryMinimum AgeOffense Detail
Any Criminal14Any public offense.

Once an Adult, AlwaysIowa Code Sec. 232.45A
Once a child 16 or older has been waived to and convicted of a felony or aggravated misdemeanor in district court, provided the child was prosecuted and convicted as an adult (and not as a youthful offender), proceedings against the child for any subsequent felonies or aggravated misdemeanors must be commenced in district court. If such a case is mistakenly begun in juvenile court, it must be immediately transferred to district court.

 
Seattle1 said:
Once an Adult, AlwaysIowa Code Sec. 232.45A
Once a child 16 or older has been waived to and convicted of a felony or aggravated misdemeanor in district court, provided the child was prosecuted and convicted as an adult (and not as a youthful offender), proceedings against the child for any subsequent felonies or aggravated misdemeanors must be commenced in district court. If such a case is mistakenly begun in juvenile court, it must be immediately transferred to district court.
Click to expand...
^^rsbm

Miller's parental consent is governed under Iowa Code 232.11 - Right to assistance of counsel:

If the defendant is UNDER the age of 16, the child's right to counsel (and valid interview by investigators) can't be waived without the written consent of the minor's parent or guardian.

However, the waiver of a defendant at least age 16 is valid only if a good faith effort was made to notify a parent or guardian that the child has been taken into custody.

Mom's argument she gave written consent without reading the waiver is moot by statute which does not require her written consent but required only notification that Miller was being taken to Fairfield PD. Here, investigators also offered the mother a ride to the PD, and she opted to get herself to the police department. Investigators also informed the father that they were taking Miller to the PD.

Iowa Code 232.11 – Right to assistance of counsel » LawServer

www.lawserver.com www.lawserver.com

2. The child’s right to be represented by counsel under subsection 1, paragraphs “b” through “f”, shall not be waived by a child of any age. The child’s right to be represented by counsel under subsection 1, paragraph “a”, shall not be waived by a child less than sixteen years of age without the written consent of the child’s parent, guardian, or custodian.

The waiver by a child who is at least sixteen years of age is valid only if a good faith effort has been made to notify the child’s parent, guardian, or custodian that the child has been taken into custody and of the alleged delinquent act for which the child has been taken into custody, the location of the child, and the right of the parent, guardian, or custodian to visit and confer with the child.
 
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