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

[Niner]

I received this alert - but not sure which defendant it is for - motion to suppress evidence denied - I can not access the article over here.

Judge denies motion to suppress evidence in Fairfield murder case

A ruling has been handed down regarding a teen's request to have evidence suppressed in his murder case.

ktvo.com

Never mind - found another article.

Request to suppress evidence denied in murder of Fairfield teacher

A judge has ruled that investigators did not act improperly when they interviewed then-16-year-old Willard Miller.

www.kcci.com

Jan. 24, 2023

Evidence will not be thrown out in the first-degree murder case of a Fairfield teenager charged in the death of a high school Spanish teacher's murder.

A judge has ruled that investigators did not act improperly when they interviewed then-16-year-old Willard Miller.

 

[Seattle1]

I received this alert - but not sure which defendant it is for - motion to suppress evidence denied - I can not access the article over here.

Judge denies motion to suppress evidence in Fairfield murder case

A ruling has been handed down regarding a teen's request to have evidence suppressed in his murder case.

ktvo.com

Never mind - found another article.

Request to suppress evidence denied in murder of Fairfield teacher

A judge has ruled that investigators did not act improperly when they interviewed then-16-year-old Willard Miller.

www.kcci.com

Jan. 24, 2023

Evidence will not be thrown out in the first-degree murder case of a Fairfield teenager charged in the death of a high school Spanish teacher's murder.

A judge has ruled that investigators did not act improperly when they interviewed then-16-year-old Willard Miller.

Haaaa -- I could have told you it was Miller without reading the linked news! I watched his hearing for this motion too where his mom testified negatively against LE and good to see the court sided with LE that "the Prince" was not interviewed improperly. MOO

 

[Seattle1]

Request to suppress evidence denied in murder of Fairfield teacher

A judge has ruled that investigators did not act improperly when they interviewed then-16-year-old Willard Miller.

www.kcci.com

1/24/23

Miller's lawyers argued the police illegally obtained search warrants and interviewed Miller without his mother's permission, but the judge rejected those claims.

Miller is also asking that his March 20, 2023 trial date be pushed back. A virtual hearing on the matter is set for Friday, Jan. 27.


A pretrial conference has been scheduled for Jeremy Goodale at 11 a.m. on May 4 at the Jefferson County Courthouse in Fairfield.

His jury trial is set to start on May 15, 2023 at the Scott County Courthouse in Davenport.

 

[Seattle1]

Judge denies motion to suppress evidence in Fairfield murder case

A ruling has been handed down regarding a teen's request to have evidence suppressed in his murder case.

ktvo.com

1/24/23

In November, a court hearing was held where the judge listened to arguments about potentially suppressing evidence against Miller.

His attorneys asked for evidence recovered from his home and phone to be suppressed.

Additionally, they said statements Miller made to law enforcement were coerced, and therefore are were suppressible.

Judge Shawn Showers on Monday ruled against Miller's motion to suppress evidence and a separate request for a Franks Hearing.

The ruling states.....The Court finds that the Defendant has not carried his burden to make a substantial preliminary showing that false statements were included in the search warrant affidavit or that information was intentionally or recklessly omitted in order to mislead the magistrate. The Court further finds that the magistrate has a substantial basis to conclude that probable cause existed justifying the issuances of the search warrants in this case, and that the warrants were not overbroad, lacking a nexus, or otherwise without authority.

The Court additionally finds that as the Defendant was being held on suspicion of participation in a homicide, the juvenile protections regarding parental notification do not apply, and that the Defendant knowingly, intelligently, and voluntarily waived his Miranda rights.

 

[Niner]

Since I have never posted this - it is going to be long - & I shall shorten it up a bit.

Friday, January 27th:
*Remote Hearing (@ 1:15pm) - 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.
On Wednesday, 11/3/21, human remains were discovered in Chautauqua Park in Fairfield, where she was known to routinely walk in the afternoons. The body was hidden under a tarp, a wheelbarrow & railroad ties. Investigators say Graber had suffered inflicted trauma to the head. It’s believed the crime was carried out late Tuesday afternoon & have been confirmed to be those of Nohema Graber, 66, of Fairfield, who had been reported missing earlier that day. Graber was employed as a Spanish teacher at Fairfield High School, where Miller & Goodale were students. Based on the circumstances & their ages, Miller & Goodale are being criminally charged as adults. Court documents state that during the investigation, authorities spoke to an associate of the two suspects. That person provided police with social media communications involving Miller & Goodale that reportedly contained details about the motive for killing Graber, the planning & execution of the crime and how they could conceal the murder. The motive has not been revealed at this time.” Search warrants were executed at the homes of both Miller & Goodale where investigators said they collected clothing that appeared to contain blood. Officials said they spoke to an acquaintance who saw the teens in Chautauqua Park on Tuesday afternoon. The criminal complaint said that Miller admitted to investigators that he was in the park at the time of the murder, provided materials used in the killing & then helped to conceal it.”
Trial set to begin on 3/20/23. Change of venue granted. From Fairfield, Jefferson County in southeast Iowa to Council Bluffs in Pottawattamie County.
11/4/21 Update: Miller Charged. Defendant held on $1M Cash bond. Application for counsel/financial statement. 11/5/21: Granting request for expanded news media coverage of trial or proceedings. Order to restrict access to records. Appearance by Scott D. Brown. 11/8/21 Update: Initial hearing. Preliminary hearing on 11/12/21. 11/9/21: Motion for bond review by Christine E. Branstad. Motion for discovery. Order for discovery filed by Judge Joel Yates. 11/10/21: Set bond review hearing on 11/23/21. Order for transportation of defendant.
11/21/21 Update: Judge Yates order for arraignment hearing on 11/29/21. 11/17/21: Notice of discovery request. Pretrial release evaluation. 11/28/21 Update: Written arraignment & plea of not guilty. Next pretrial conference hearing on 3/21/22. 11/29/21: Motion to file transport request under seal (unresisted) filed by Christine Branstad. 12/2/21: Order by Judge Yates. Re bond to remain at $1M cash only. 12/7/21: Motion for reverse waiver filed by Branstad. 12/8/21: Order by Judge Yates. To file under seal. Application for special judicial assignment. Resistance to defendant's motion for reverse waiver to juvenile court filed by Chauncey T. Moulding. 12/10/21: Order of special assignment. Judge Showers assigned. 12/14/21: Motion to transport field by Branstad. Order by Judge Showers. Hearing on motion for reverse waiver on 1/27/22. 12/20/21: Order by Judge Showers. JCO report.
1/21/22 Update; Order for continuance for hearing on Motion to transfer jurisdiction continued on 2/10/22. 1/24/22: Motion to extend deadlines (unresisted) filed by Branstad. 1/25/22: Order to extend deadlines-granted. 2/6/22: Motion for continuance to reverse waiver hearing (unresisted)-granted.
2/10/22 Update: Order for continuance hearing now on 3/24/22. Order for transportation. 2/23/22: Motion for transport (under seal). 3/1/22: Motion to suppress filed by Branstad. 3/3/22: Order. Court will address hearing date on suppression motion after ruling on waiver issue. Motion to exclude public from reverse waiver hearing filed by Branstad. 3/4/22: Resistance to defendant's motion to exclude public from reverse waiver hearing. 3/8/22: Resistance filed by Susan Elgin. Iowa Freedom of Information council's resistance to defendant's motion to exclude & joinder in plaintiff. Brief filed. 3/10/22: Motion to file Franks hearing request & supporting Exhibits at a higher security level (unresisted) filed by Branstad. 3/11/22: Motion to address suppression first & motion to exclude evidence from reverse waiver hearing. filed by Branstad. Other Order by Judge Showers. Confirming 3/24/22 for reverse waiver hearing. Order: to set motion for Franks hearing & exhibits at higher security level. 3/15/22: Motion for Fanks hearing by Branstad. 3/15/22: Exhibit lists filed by Branstad. Motion to suppress amended & supplemental. Motion for hearing telephonic or video to address 3/11/22 ruling. 3/16/22: Resistance to defendant's motion to enlarge amend & reconsider 3/11/22 ruling by Moulding. 3/21/22: Order to set in person hearing. Media coordinator's notice. Order for continuance by Moulding. Pretrial conference on 11/3/22 & trial set to begin on 11/1/22. 3/22/22: Order: Motion to reconsider 3/11/22 order-denied. Order: Defendant's motion to exclude public is hereby denied. 3/23/22: Order to stay. Cancelling 3/22/22 transport order.
4/7/22: Order: The application for discretionary review & interlocutory appeal are denied by Appellate courts. Motion renewed to address suppression prior to reverse waiver by Branstad. 4/8/22: Order: Renewed motion to address suppression prior to reverse waiver-denied. 4/11/22: Hearing on request to transfer jurisdiction on 5/6/22. 4/29/22: Motion to accept an amended & redacted attachment is denied by Appellate courts. 5/6/22: Motion for evidentiary ruling pursuant Iowa Rule of Evidence 5.104. Exhibit list filed by Branstad. 5/11/22: Memorandum of law regarding juvenile treatment time periods. 5/12/22: Order: Ruling on defendant's motion for reverse waiver-denied. Pretrial hearing on 10/3/22. 5/20/22: Procedendo Appellate courts. 5/21/22: Order setting hearing on defendant's motion to suppress & motion for Franks hearing. 5/23/22: Motion for change of venue by Branstad. 5/26/22: State's response to defendant's motion for change of venue by Scott Brown. Order-Granting defendant's motion for venue change for jury trial only. 6/6/22: Setting Jury trial location. 6/17/22: Change of venue from District 8 to District 4. 6/29/22: Motion for continuance by State. Order for continuance hearing on 7/15/22. 7/12/22: Setting suppression hearing on 9/1/22. 8/5/22: Motion for continuance of suppression hearing (unresisted) by Branstad. Hearing on 8/19/22. 8/18/22: Motion for continuance of trial (unresisted) filed by Branstad. Waiver of speedy trial of one year trial requested by Branstad. 8/31/22: Order for continuance of suppression hearing. Suppression hearing on 11/2/22, Pretrial hearing on 3/6/23 @ 11:30am & Jury trial set to begin on 3/20/23. 10/31/22: Resistance filed by Scott Brown for State & on 11/1/22.
11/2/22: Order: Security level of exhibits. Order: Brief deadlines - until 11/28/22 to file final brief. Exhibits proposed by Branstad. 11/14/22: Motion supplemental motion for Franks hearing filed under seal by Branstad. 11/21/22: Brief: in support of Motion to Suppress filed by Branstad. 11/22/22: Order-extension. Order-State's deadline to file responsive brief is extended to 12/5/22 at noon. 12/5/22: Resistance. State's reply brief to defense motion to suppress filed by Chauncey Moulding.
12/5/22: State's reply brief to defense motion to suppress. 1/17/23: Motion for Continuance filed by Christine Branstad. His lawyer has cited a busy schedule & the need for more time in order to consult expert witnesses & review various transcripts & documents. The prosecution is expected to resist this request to push back the trial. Order: setting remote hearing on 1/27/23 @ 1:15pm.
1/24/23 Update: Evidence will not be thrown out in the 1st degree murder case of a Fairfield teenager charged in the death of a high school Spanish teacher's murder. A judge has ruled that investigators did not act improperly when they interviewed then-16-year-old Willard Miller. Judge denied Motion to Suppress evidence & denied Franks hearing.
*Jeremy Everett Goodale (16/now 17) – Pretrial conference hearing on 5/4/23 & trial set to begin on 5/15/23.

 

[Niner]

Judge denies motion to delay Willard Miller trial

Both Miller and his classmate Jeremy Goodale are accused of killing their Spanish teacher Nohema Graber.

www.wowt.com

Jan. 28, 2023
JEFFERSON COUNTY, Iowa (KCRG) - On Friday, a judge denied Willard Miller’s motion to push his jury trial back.
[.....]
Miller was set to go on trial on March 20th, 2023, but his lawyer has cited a busy schedule and the need for more time in order to consult expert witnesses and review various transcripts and documents.

The court had previously discouraged a continuance of the trial without a “good and compelling cause.”

On January 27th, a judge made the following ruling:

“It would be an astoundingly mythical legal stretch to classify starting this jury trial in approximately two months, which has been scheduled for five months, as an “injustice”. On the record presented, the defendant has failed to show good and compelling cause and the Motion to Continue March 20, 2023. Jury Trial is hereby DENIED.”

 

[Niner]

Miller:

Event Filed By Filed Create Date Last Updated Action Date
OTHER ORDER SHOWERS SHAWN 01/27/2023 01/27/2023 01/27/2023
Comments: RE: DEFENDANT'S MOTION TO CONTINUE MARCH 20, 2023 TRIAL DATE. [DENIED}
EDMS COPY:ATTY GEN BROWN/MOULDING/DEFT VIA BRANSTAD/DOC.

MOTION FOR CONTINUANCE BRANSTAD CHRISTINE ELLEN 01/27/2023 01/27/2023 01/27/2023
Comments: ADDENDUM TO MOTION TO CONTINUE TRAIL

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


I added the DENIED above & I have his next court date as 3/6/23.

 

[Seattle1]

Judge denies motion to delay Willard Miller trial

Both Miller and his classmate Jeremy Goodale are accused of killing their Spanish teacher Nohema Graber.

www.wowt.com

Jan. 28, 2023
JEFFERSON COUNTY, Iowa (KCRG) - On Friday, a judge denied Willard Miller’s motion to push his jury trial back.
[.....]
Miller was set to go on trial on March 20th, 2023, but his lawyer has cited a busy schedule and the need for more time in order to consult expert witnesses and review various transcripts and documents.

The court had previously discouraged a continuance of the trial without a “good and compelling cause.”

On January 27th, a judge made the following ruling:

“It would be an astoundingly mythical legal stretch to classify starting this jury trial in approximately two months, which has been scheduled for five months, as an “injustice”. On the record presented, the defendant has failed to show good and compelling cause and the Motion to Continue March 20, 2023. Jury Trial is hereby DENIED.”

I really appreciate this judge! Actually, Iowa's bench has proved quite impressive to me.

 

[JerseyGirl]

Delay In Fairfield Murder Trial Denied

The trial for 17-year-old Willard Noble Chaiden Miller will remain as scheduled for March 20, 2023. This comes after a request for a continuance was denied by District Court Judge, Shawn Showers, during a virtual hearing on

www.kciiradio.com

The trial for 17-year-old Willard Noble Chaiden Miller will remain as scheduled for March 20, 2023

 

[JerseyGirl]

Defense attorney files subpoena motion to obtain evidence in Fairfield murder trial

FAIRFIELD – The defense attorney for a Fairfield teen accused of murder has filed a motion to obtain a piece …

www.southeastiowaunion.com

– The defense attorney for a Fairfield teen accused of murder has filed a motion to obtain a piece of evidence that “may be exculpatory” in his upcoming trial on March 20.

Christine Branstad, representing Willard Noble Chaiden Miller, 17, of Fairfield, filed a motion for a subpoena of evidence on Thursday, Feb. 9. The subpoena motion goes by a Latin phrase “Duces Tecum ex parte,” which requires a witness to produce certain evidence in their possession.

Branstad wrote in her motion to the court that the defense team, in preparing for Miller’s trial, “discovered information that may be exculpatory, that is not in the possession of the defense.” She indicated that she will outline the evidence, but does not want to disclose specific information requested since it would disclose trial strategy to the prosecution. Thus, she requested that the subpoena motion be done “under seal.”

District Court Judge Shawn Showers agreed to hear Branstad’s argument for this subpoena during a virtual hearing at 8:45 a.m. Wednesday, Feb. 15.

 

[Seattle1]

Defense attorney files subpoena motion to obtain evidence in Fairfield murder trial

FAIRFIELD – The defense attorney for a Fairfield teen accused of murder has filed a motion to obtain a piece …

www.southeastiowaunion.com

– The defense attorney for a Fairfield teen accused of murder has filed a motion to obtain a piece of evidence that “may be exculpatory” in his upcoming trial on March 20.

Christine Branstad, representing Willard Noble Chaiden Miller, 17, of Fairfield, filed a motion for a subpoena of evidence on Thursday, Feb. 9. The subpoena motion goes by a Latin phrase “Duces Tecum ex parte,” which requires a witness to produce certain evidence in their possession.

Branstad wrote in her motion to the court that the defense team, in preparing for Miller’s trial, “discovered information that may be exculpatory, that is not in the possession of the defense.” She indicated that she will outline the evidence, but does not want to disclose specific information requested since it would disclose trial strategy to the prosecution. Thus, she requested that the subpoena motion be done “under seal.”

District Court Judge Shawn Showers agreed to hear Branstad’s argument for this subpoena during a virtual hearing at 8:45 a.m. Wednesday, Feb. 15.

Smoke and mirrors. This entitled boy needs motions filed in his name whether or not they are credible. JMO

 

[Dotta]

Why did they kill this poor teacher?
Was it really because of a bad school grade?

They must have been full of rage and hate and the mark was just a trigger.

I doubt their home environment was stable and healthy.

What a terrible case

JMO

 

[Seattle1]

Why did they kill this poor teacher?
Was it really because of a bad school grade?

They must have been full of rage and hate and the mark was just a trigger.

I doubt their home environment was stable and healthy.

What a terrible case

JMO

IMO, defendant Miller was the ring leader who could kill his teacher over a grade, and Goodale his loyal follower.

Although Goodale was a participant, he may not have even had any aspirations for University. To be clear, not excusing Goodale. MOO

 

[airportwoman]

FYI: This Christine Branstad is not the former First Lady of Iowa.

 

[Dotta]

IMO, defendant Miller was the ring leader who could kill his teacher over a grade, and Goodale his loyal follower.

Although Goodale was a participant, he may not have even had any aspirations for University. To be clear, not excusing Goodale. MOO

Well, what teens murder a teacher because of a school mark?

This is the 1st such case I have ever heard about.
There must be serious mental problems involved.
Are there any reports from school counsellor?

I mean, everything was OK and suddenly they kill?

This goes much much deeper than a silly school grade.

JMO

 

[Seattle1]

Well, what teens murder a teacher because of a school mark?

This is the 1st such case I have ever heard about.
There must be serious mental problems involved.
Are there any reports from school counsellor?

I mean, everything was OK and suddenly they kill?

This goes much much deeper than a silly school grade.

JMO

I often get the kids' names mixed up but one of the defendants was previously a student at a prestigious school and a change in his home life caused him to attend public school for the first time.

Some American kids are raised to believe their parents' money will buy them freedom. Just look at the Murdaugh trial happening right now. Years of entitlement! MOO

 

[Niner]

Miller - docket update

Event Filed By Filed Create Date Last Updated Action Date
ORDER SETTING HEARING SHOWERS SHAWN 02/10/2023 02/10/2023 02/10/2023
Comments: HEARING 02/15/2023 08:45 AM 51DI. GO TO MEETING.

MOTION BRANSTAD CHRISTINE ELLEN 02/09/2023 02/09/2023 02/09/2023
Comments: TO FILE MOTION EX PARTE

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

 

[Niner]

I can finally shorten this up a bit...

Wednesday, February 15th:
*Motions Hearing (@ 8:45am) - 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 3/20/23. Change of venue granted. From Fairfield, Jefferson County in southeast Iowa to Council Bluffs in Pottawattamie County.
Crime & case info from 11/3/21 to 1/17/23 reference post #145 here:
https://www.websleuths.com/forums/t...ents-fairfield-nov-2021-arrests.599830/page-8
1/24/23 Update: Evidence will not be thrown out in the 1st degree murder case of a Fairfield teenager charged in the death of a high school Spanish teacher's murder. A judge has ruled that investigators did not act improperly when they interviewed then-16-year-old Willard Miller. Judge denied Motion to Suppress evidence & denied Franks hearing. Order: Setting remote hearing on 1/27/23.
1/27/23 Update: Motion for continuance; addendum to Motion to Continue trial. On the record presented, the defendant has failed to show good & compelling cause & the Motion to continue trial on 3/20/23. Order: Judge Shawn Showers-defendant's motion to continue 3/20/23 trial date-Denied! Next pretrial conference hearing on 3/6/23.
2/12/23 Update: Christine Branstad, representing Miller filed a motion for a subpoena of evidence on Thursday, Feb. 9, 2023. The subpoena motion goes by a Latin phrase “Duces Tecum ex parte,” which requires a witness to produce certain evidence in their possession. Branstad wrote in her motion to the court that the defense team, in preparing for Miller’s trial, “discovered information that may be exculpatory, that is not in the possession of the defense.” She indicated that she will outline the evidence, but does not want to disclose specific information requested since it would disclose trial strategy to the prosecution. Thus, she requested that the subpoena motion be done “under seal.” District Court Judge Shawn Showers agreed to hear Branstad’s argument for this subpoena during a virtual hearing at 8:45am on Wednesday, 2/15/23.
*Jeremy Everett Goodale (16/now 17) – Pretrial conference hearing on 5/4/23 & trial set to begin on 5/15/23.

 

[Niner]

Docket update for Miller:

Event Filed By Filed Create Date Last Updated Action Date
OTHER ORDER SHOWERS SHAWN 02/15/2023 02/15/2023 02/15/2023
Comments: RULING ON DEFENDANT'S MOTION TO FILE MOTION EX PARTE AND
MOTION TO FILE EX PARTE APPLICATION FOR STATE PAID EXPENSES
ARE OVERRULED AND DENIED. EDMS COPY:ATTY GEN
BROWN/MOULDING/DEFT VIA BRANSTAD/DOC.

OTHER ORDER SHOWERS SHAWN 02/15/2023 02/15/2023 02/15/2023
Comments: RE:INIDGENCY FINDING. EDMS COPY:ATTY GEN BROWN/MOULDING/DEFT
VIA BRANSTAD/DOC.

OTHER ORDER SHOWERS SHAWN 02/15/2023 02/15/2023 02/15/2023
Comments: RE: PRETRIAL CONFERENCE - GO TO MEETING. EDMS COPY:ATTY GEN
BROWN/MOULDING/DEFT VIA BRANSTAD/DOC.

COURT REPORTER MEMORANDUM AND CERTIFICATE - WITH FEE 02/15/2023 02/15/2023 02/15/2023
Comments: CURRIER/SHOWERS. EX PARTE MOTION HEARING; $40.

RESISTANCE BROWN SCOTT DEAN 02/14/2023 02/15/2023 02/15/2023

RESISTANCE BROWN SCOTT DEAN 02/14/2023 02/15/2023 02/15/2023

MOTION BRANSTAD CHRISTINE ELLEN 02/14/2023 02/14/2023 02/14/2023
Comments: TO FILE EX PARTE APPLICATION FOR STATE PAID EXPENSES


and this part is way down the docket -


ORDER FOR CONTINUANCE SHOWERS SHAWN 08/31/2022 08/31/2022 08/31/2022
Comments: SUPPRESSION HEARING 11/02/2022 09:30 AM 51CR. PRETRIAL
CONFERENCE 03/06/2023 11:30 AM 51DI. JURY TRIAL 03/20/2023
9:00 AM IN POTTAWATTAMIE COUNTY COURTHOUSE. EDMS
COPY:BROWN/MOULDING/DEFT VIA BRANSTAD/DOC/JCSO/JAIL..

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


So I am going with his next hearing as pretrial conference on 3/6/23.

 

[AmandaSkis]

I am glad that we have a decisive and fair judge on these two cases. Will he still be the judge wherever the cases get moved?