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

  • #241

Miller was sentenced to life in prison with the possibility of parole only after at least 35 years.

He was also ordered to pay at least $150,000 (£117,000) in restitution to the victim's family.

Before delivering his sentence, Judge Shawn Showers rejected defence arguments that Miller was too young at the time to understand the gravity of his actions.

"Evil does not have a birthday," he said.

Goodale's sentencing is scheduled for August.
 
  • #242
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Brilliant -- Miller was sentenced to 35 (life) years which was greater than the prosecution recommended!

I couldn't watch the entire hearing -- did the victim's husband appear in Court today and give his impact statement?
 
  • #243
  • #244
Brilliant -- Miller was sentenced to 35 years which was greater than the prosecution recommended!

I couldn't watch the entire hearing -- did the victim's husband appear in Court today and give his impact statement?
It is still in question as to when the victim’s husband will speak.

 
  • #245
The article states that Graber's widower will make a victim impact statement. I hope he lives to make it. What a way to leave this world.

Yes, Goodale has a hearing about this subject on July 17.

Goodale's sentencing is scheduled for August but a mental health expert expected to testify at sentencing is not available on the August date and the defense requested sentencing bumped to October. The prosecution opposed the defense's Motion to push out the date-- citing Mr. Graber's failing health and the possibility that he will not live to see October.
 
  • #246
It is still in question as to when the victim’s husband will speak.


I was hoping that Mr. Graber gave an impact statement today at Miller's sentencing in the event the Court grants Goodale's defense motion to reschedule his August sentencing date. The hearing on Goodale's defense Motion is July 17.
 
  • #247
Before delivering his sentence, Judge Shawn Showers rejected defence arguments that Miller was too young at the time to understand the gravity of his actions.

"Evil does not have a birthday," he said.

Big respect for Judge Showers for recognizing the evil in this dude-- and also sentencing Miller beyond the state's recommendation.

I truly believe Miller, an arrogant, entitled teen, killed Ms. Graber because he believed he could get away with it by blaming the murder on Goodale.

Miller's defense was that he only served as the lookout while Goodale murdered Ms. Graber yet it was Miller's grade in Ms. Graber's Spanish class that was the motive for the murder!

IMO, Miller wanted Ms. Graber dead the moment she rejected his complaint over his grade (pulling down his GPA), and that Ms. Graber did not bow to Miller as he was accustomed to. (This was Miller's first experience in public school after his parents separated, and his mother was no longer employed by the private school he previously attended).

When appearing in Court to change his plea to guilty, I believe Goodale's demonstrated remorse was true. And to be honest, I'm not certain that Goodale was even enrolled in Ms. Graber's Spanish class. MOO
 
  • #248
There isn't one yet. Right now the defense states that the heinous nature of this crime does not eliminate the need for expert testimony.

Did the Court reject expert testimony at Miller's sentencing?

In comparison to Miller, IMO, I think there must be prior evidence that Goodale has a learning disability and why a mental health expert is expected to speak at his sentencing. The purpose of his July 17 hearing is actually an attempt to accommodate the psychiatrist's conflict with the August sentencing date. MOO
 
  • #249
Did the Court reject expert testimony at Miller's sentencing?

In comparison to Miller, IMO, I think there must be prior evidence that Goodale has a learning disability and why a mental health expert is expected to speak at his sentencing. The purpose of his July 17 hearing is actually an attempt to accommodate the psychiatrist's conflict with the August sentencing date. MOO
I believe it did based on what the defense said. I did not watch all the proceedings.
 
  • #250
Listening to the hearing...
Jesus, Asst. AG DA Brown is not holding back here. He wants the crime scene photos published in court (visible to the gallery) and the Judge granted the request.

The detective being questioned described that Ms. Graber was found under the wheelbarrow and tarp partially nude, and her blouse and turtle neck was located in a tree but without effort to disguise or hide. :mad:

ETA:

Detective reading texts from Miller -- "Graber failed the wrong student."
Miller had an F or was failing in Nov 2021.
Miller and his mother had a meeting with Ms. Graber.

Detective confirms Goodale was not in Ms. Graber's class with Miller during the term but had previously been a student of Graber's without incident or failing grade.

Miller posted msg on a forum asking if grades are still posted for students if a teacher is injured or deceased mid-term. (2 weeks prior to murder). Also, Miller deleted the forum from his browser history.

Miller's defense attorney is up now:

Defense is questioning the Detective, and obvious her effort is to get responses to use for Miller's Appeal.

Miller was failing because he had many incomplete assignments in Graber's class.

Miller attended counseling 2 hours before committing the murder.
 
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  • #251
7/6/23 -- Teen who beat his teacher to death with a bat is sentenced to LIFE

1688704852919.png

In sentencing the teenager, District Court Judge Shawn Showers acknowledged Miller's age but noted he had 'cut Nohema Graber's precious life short'.

Judge Showers said: 'I find that your intent and actions were sinister and evil. Those acts resulted in the intentional loss of human life in a brutal fashion. There is no excuse.'

[..]

Miller previously denied ever striking Graber, despite admitting he helped plan and carry out the killing, which occurred after a meeting between them over a grade.

[..]

During the hearing earlier today, Miller said that he accepted responsibility for the killing and apologized to Graber's family.

The killer said: 'I would like to apologize for my actions, first and foremost to the family.

'I am sincerely sorry for the distress I have caused you and the devastation I have caused your family.

'I'm realizing just the magnitude of my actions, and I know it's wrong and I knew it was wrong and yet I still carried through.

Graber's relatives either read or submitted victim impact statements that described the woman as kind, caring and devoted to her family, students and church.

Several also blamed the two for the recent death of Graber's husband, who suffered from cancer but delayed treatment amid his depression over the murder.

Graber's brother-in-law Jim Graber said while staring at Miller: 'I hope you open your soul to the lord and maybe ask for forgiveness there first because you're on a spiral straight to hell.'
 
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  • #252
Miller sentencing hearing continued:

Miller is a month away from 18th birthday but will still go to Youth Detention Facility. Sorry, not sure if this until he's age 18 or 21.

Miller qualifies for prison education allowance where he can get his GED or attend college-level courses because he was under 18 at arrest.

FBI agent giving testimony now:

FBI Agent was engaged to assist with the execution of the search warrants.

In the middle of Graber's homicide investigation, an unrelated armed, stand-off was in progress and the warrants were executed in the early morning.

Both Miller and Goodale were taken into custody for interviews after warrants were served. Miller signed a juvenile waiver.

Miller was very relaxed given the circumstances and very open to talk to Fbi agent.
Red flags: Miller was too casual. He also did not name Goodale as a friend after naming several subjects and numerous of his relationships. Miller was very confident.
Miller's answers to questions about Ms. Graber changed during the interview.

Miller describes 6-8 masked individuals he saw drag Ms. Graber into the woods!
Miller also named a couple of classmates to Agent that he believed had reason to hurt Ms. Graber.

Agent's Interview with Miller was audio/video recorded and portions will be played now:

Video begins with Miller inside the police interview room with his back to camera, leaning back in his chair. Miller is talking to a woman who I believe is his mother but her head cut off in the video and the volume is very low. She's holding a purse in front of her and wearing a lavender jacket. Mom has her hand on the closed door as if holding it closed as Miller leans forward and says "I was with you the entire day." Mom replies "Yeah" and leaves the room, closing the door behind her. End of video.

Next video shows Miller, the FBI Agent and 3rd Investigator with back to camera. Miller changed positions and the room and now visible. He's wearing a black winter hat with the ear flaps pulled down. Looks odd to me because the Agent and third person are not dressed as if the interview room is cold!

Miller talks non-stop for more than 5 mins but audio is poor. FBi Agent leaves room and returns.
Agent asks Miller what he thinks happened to Ms. Graber.
Miller responds "she's a very routine person." Agent asks why he thinks this: "because she's always on time."

Agent asks if Miller if he thinks Ms Graber had any enemies or if somebody might want to hurt her. Miller begins..."just yesterday.." [Sorry, can't make out anything Miller says -- he must mumble].

Agent interrupts Miller rambling on to ask: "If you wanted to hurt Ms. Graber, what would you do? No, no, not that you were involved but what do you think you would do?" Miller sits up in his chair.

Agent: Can you think of any reason why somebody would say you were involved?
Miller still shaking his head no says: "maybe because I argue with her in class."

Agent: "Do you know a Jeremy [Goodale]?
Miller is hesitant.
Agent: Are you close?
Miller: We grew up in the same neighborhood.
Agent: When was the last time you saw Jeremy?
Miller: Ummm lunch?.. We usually sit at the same lunch table.
Agent: When?
Miller: Yesterday?

Sorry, the audio is worse.
 
  • #253
”Paul was deeply and understandably depressed by the murder of Nohema,” said Paul’s brother Tom Graber, who added that Paul Graber had died last week of metastatic cancer that would have been caught way sooner if Graber had been there. She would not have let her husband ignore the symptoms he began to experience in late 2022, Tom Graber said. But Paul Graber, depressed over his wife’s death, delayed seeking treatment until the end of March.

Tom and Paul Graber’s other brothers had to almost forcibly take Paul Graber to the hospital twice: first, in January 2022 because of a serious bout of COVID-19; and the second time was because Paul Graber experienced a near-fatal spike of potassium after essentially ceasing to eat or drink for days this spring.

Paul Graber experienced vivid dreams in which he saw Nohema Graber, and she gave him signs, which he interpreted as meaning his time was drawing near.”

 
  • #254
Thank you ALL for these updates!! Much appreciated! :)
 
  • #255
”Paul was deeply and understandably depressed by the murder of Nohema,” said Paul’s brother Tom Graber, who added that Paul Graber had died last week of metastatic cancer that would have been caught way sooner if Graber had been there. She would not have let her husband ignore the symptoms he began to experience in late 2022, Tom Graber said. But Paul Graber, depressed over his wife’s death, delayed seeking treatment until the end of March.

Tom and Paul Graber’s other brothers had to almost forcibly take Paul Graber to the hospital twice: first, in January 2022 because of a serious bout of COVID-19; and the second time was because Paul Graber experienced a near-fatal spike of potassium after essentially ceasing to eat or drink for days this spring.

Paul Graber experienced vivid dreams in which he saw Nohema Graber, and she gave him signs, which he interpreted as meaning his time was drawing near.”


I'm so sorry for the pain these two evil kids caused this family! It's unimaginable that a smart kid like Miller, failing because he thought he was too good to turn in his assignments, would decide to end Mrs. Graber's life for his own negligence. Like Miller texted a friend: "She failed the wrong student." :mad: :mad: :mad:
 
  • #256
I'm so sorry for the pain these two evil kids caused this family! It's unimaginable that a smart kid like Miller, failing because he thought he was too good to turn in his assignments, would decide to end Mrs. Graber's life for his own negligence. Like Miller texted a friend: "She failed the wrong student." :mad: :mad: :mad:
What kind of treatment was he receiving 2 hrs before the murder?
Psychoogical/psychiatric?
 
  • #257
What kind of treatment was he receiving 2 hrs before the murder?
Psychoogical/psychiatric?
More likely a school counselor. Miller was denied expert witness to speak at his sentencing so I don't think he had any history of seeing any mental health professionals. MOO
 
  • #258
Miller sentencing hearing continued:

Final prosecution Witness called:

Police Lt. testified Miller had significant info and notes about another student (witness) that police believed the student was in danger and alerted the student who reacted by leaving the State for more than a month until Miller was denied bond and confident he would not be released.

Police Lt described the impact this homicide had on the community, -- especially when all the schools were required to close for days because both teachers and students were too afraid to attend school. The safety residents knew and experienced in Fairfield was shattered.

Lt describes another incident that upset the community after Miller's phone was released to his mother who opened Miller's Snapchat which immediately showed Miller's (phone) location as his mother's residence and multiple calls flooded the police station from students and parents afraid that Miller had been released!

Asst. AG Brown announced Mr. Paul Graber passed a of couple days ago and his funeral was yesterday. He talks about the impact the crime has had on Ms. Graber's extended family, her friends, her church, and the school students and teachers. He says there will be 10 impact statements from Ms. Graber's family.

Defense Witnesses are next:

Defense attorney Christine Branstad is up first, protesting the Prosecution's request that Miller be sentenced to the maximum mandatory without presenting an expert witness. Branstad insists the burden to prove this sentence is on the State and not the defense. Judge Showers is questioning Branstad if she's challenging his discretion. Branstad is shuffling papers...

Branstad now asks the Court not to give weight to the accomplice Goodale's Proffer. (Prosecution earlier played a recording of FBI Agent interviewing Goodale in Feb 2022 that the defense is now portraying to the Court as Goodale's Proffer). However, FBI Agent previously testified his interview with Goodale was not Goodale's Proffer because that is something by the State and he did not have the authority to act in this capacity.

Court is in recess for the afternoon break.
 
  • #259

7 July 2023

Pleading with the judge to forego the maximum sentence, Miller said: "I don't want to be institutionalised so long that I forget who I am and where I come from."

Prosecutors said the evidence showed both Miller and Goodale had bludgeoned Ms Graber with a bat during the attack in Fairfield, a town of fewer than 10,000 people that lies 100 miles (160km) south-east of the state capitol, Des Moines.

The day after the attack, police found the mother-of-three's body hidden under a tarpaulin, wheelbarrow and railway sleepers in a local park where she used to walk after school.

In a police interview, Miller described frustrations with the way Ms Graber taught Spanish.
He said his marks in her class were lowering his Grade Point Average, an important score during applications for US colleges and scholarships.

Miller met Ms Graber at Fairfield High School on the day of the murder to discuss his poor grade in her class. Goodale was also a student there.

Mexican-born Ms Graber had been employed at the school since 2012. She was part of the town's small but growing Latino community.
 
  • #260
What kind of treatment was he receiving 2 hrs before the murder?
Psychoogical/psychiatric?

More likely a school counselor. Miller was denied expert witness to speak at his sentencing so I don't think he had any history of seeing any mental health professionals. MOO

ETA: An impact statement explained the "counselor meeting" 2 hours before the murder was actually a "counseling meeting" with Miller, his mother, and Ms. Graber. At this meeting, Miller falsely made promises to Ms. Graber and his mother to catch up on the assignments he neglected and receive additional tutoring from Ms. Graber, tutoring previously offered that he rebuffed.

Unbelievable that Miller intentionally participated in this meeting-- knowing what he was going to do. He'd been planning Ms. Graber's murder for 2 weeks.
 

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