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

[LadyL]

unfathomable

 

[JerseyGirl]

Judge denies defense motion in Fairfield murder trial

FAIRFIELD — A District Court Judge has denied a Fairfield teen's request to file a subpoena under seal to obtain …

www.southeastiowaunion.com

Miller is scheduled to stand trial on March 20 in Council Bluffs.

 

[Niner]

Judge denies defense motion in Fairfield murder trial

FAIRFIELD — A District Court Judge has denied a Fairfield teen's request to file a subpoena under seal to obtain …

www.southeastiowaunion.com

Miller is scheduled to stand trial on March 20 in Council Bluffs.

well.... not according to the court site. Looks like the motion was reversed for continuance....

for Miller:

Event Filed By Filed Create Date Last Updated Action Date
ORDER FOR CONTINUANCE SHOWERS SHAWN 02/23/2023 02/23/2023 02/23/2023
Comments: JURY TRIAL 04/21/2023 @ 8:30 AM. EDMS COPY:ATTY GEN
BROWN/MOULDING/DEFT VIA BRANSTAD/OLSON/DOC/JAIL/JCSO.

MOTION FOR CONTINUANCE BRANSTAD CHRISTINE ELLEN 02/23/2023 02/23/2023 02/23/2023
Comments: OF TRIAL (UNRESISTED)

APPEARANCE OLSON NATHAN ALLEN 02/22/2023 02/22/2023 02/22/2023

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

 

[Niner]

Fairfield teen trial delayed again

FAIRFIELD, Iowa (KWWL) -- The murder trial for a Fairfield teen is being pushed back once more for the death of his Spanish teacher in November 2021.

www.kwwl.com

Feb. 24, 2023

FAIRFIELD, Iowa (KWWL) -- The murder trial for a Fairfield teen is being pushed back once more for the death of his Spanish teacher in November 2021.

Willard Miller was originally set to go on trial in March in Council Bluffs after a judge denied a motion for a delay in the trial. However, the date has now been moved to April 21 in Pottawattamie County.

 

[JerseyGirl]

https://ottumwaradio.com/new-trial-date-for-fairfield-teen-accused-of-killing-teacher/

The trial for 17-year-old Willard Miller was originally set to begin on March 20th. A judge’s ruling has pushed the trial back to April 21st. Miller’s trial will take place in Council Bluffs instead of Fairfield after his lawyers successfully petitioned for his trial to be moved.

 

[Seattle1]

Judge grants trial delay in Fairfield murder trial

FAIRFIELD – A judge on Thursday agreed to reset the first-degree murder trial for one of the two Fairfield teens …

www.southeastiowaunion.com

2/27/23

[..]

Christine Branstad, the lawyer for Willard Noble Chaiden Miller, 17, asked that the March 20 trial be continued and the prosecution agreed to the new date of April 21, according to court documents. The new date will allow both sides to address pretrial issues and “allow for a more efficient trial,” Branstad said in her motion.

Eighth Judicial District Judge Shawn Showers ruled jury selection will begin April 21 and testimony will start April 24 in Pottawattamie County District Court in Council Bluffs. The trial was moved from Jefferson County because of pretrial publicity. The trial is expected to last 10 days.

Earlier this month, Showers had denied a request to delay the trial but agreed this week to reset it for “good cause,” after the state opted not to resist the request for a delay after previously resisting it.

In her initial motion asking Showers to delay the trial, Branstad said that she had a busy trial schedule from January through March, and suggested postponing the trial until October. She also argued that she needed more time to prepare a defense pending Showers’ ruling on whether certain evidence would be suppressed. The defense had argued that information obtained through a search warrant of Miller’s phone and computer, and his police interrogation after Graber’s body was found, should not be admitted because they allege the authorities did not follow proper procedure. Showers ruled against that motion.

Miller and Jeremy Goodale, 17, are each charged as adults with first-degree murder and conspiracy to commit a forcible felony in the fatal assault of teacher Nohema Graber, 66, on Nov. 2, 2021.

Goodale’s trial is set for May 15 in Scott County District Court in Davenport.

 

[JerseyGirl]

Delay In Trial Granted For Fairfield Murder Suspect

The trial date for 17-year-old Willard Noble Chaiden Miller, one of two Fairfield teens accused of killing their Spanish teacher in 2021, has been reset for Friday, April 21 in Council Bluffs. Eighth Judicial District Judge Shawn

www.kciiradio.com

 

[Niner]

Monday, March 6th:
*Pretrial Conference Hearing (@ 11:30am) - 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 was set to begin on 3/20/23 was continued 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 1/27/23 reference post #158 here:
https://www.websleuths.com/forums/t...ents-fairfield-nov-2021-arrests.599830/page-8
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.
2/14/23: Motion to file ex-parte application for State paid expenses filed by Christine E. Branstad. 2/15/23 Update: Resistance filed by Scott Dean Brown. Order re pretrial conference-go to meeting. Order re indigence findings. Filed by Judge Shawn Showers. Ruling on defendant's motion to file motion ex-parte & motion to file ex-parte application for State paid expenses-Denied. Next pretrial conference hearing on 3/6/23 @ 11:30am.
2/22/23: Appearance of Nathan Allen Olson. 2/23/23: Motion for continuance of trial (unresisted) filed by Christine Branstad-granted. Earlier this month, Judge Showers had denied a request to delay the trial but agreed this week to reset it for “good cause,” after the State opted not to resist the request for a delay after previously resisting it. Eighth Judicial District Judge Shawn Showers ruled jury selection will begin 4/21/23 & testimony will start 4/24/23 in Pottawattamie County District Court in Council Bluffs. The trial was moved from Jefferson County because of pretrial publicity. The trial is expected to last 10 days.
*Jeremy Everett Goodale (16/now 17) – Pretrial conference hearing on 5/4/23 & trial set to begin on 5/15/23.

 

[Niner]

Docket update:

Event Filed By Filed Create Date Last Updated Action Date
ORDER FOR CONTINUANCE SHOWERS SHAWN 03/06/2023 03/06/2023 03/06/2023
Comments: COUNSEL SHALL CONTACT COURT ADMIN FOR NEW PTC DATE ON OR
BEFORE MARCH 10, 2023.

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

 

[Niner]

for Miller:

Event Filed By Filed Create Date Last Updated Action Date
ADDITIONAL MINUTES OF TESTIMONY MOULDING CHAUNCEY TYLER 03/15/2023 03/15/2023 03/15/2023
Comments: 3RD ADDITIONAL MINUTES OF TESTIMONY

ORDER SETTING HEARING SHOWERS SHAWN 03/14/2023 03/14/2023 03/14/2023
Comments: HEARING 03/29/2023 09:00 AM 51DI. MOTION TO SUPRESS AND
MOTION FOR EXPERT WITNESS

MOTION TO SUPPRESS BRANSTAD CHRISTINE ELLEN 03/13/2023 03/14/2023 03/14/2023
Comments: SECOND, AND MOTION FOR FRANKS HEARING

MOTION BRANSTAD CHRISTINE ELLEN 03/13/2023 03/14/2023 03/14/2023
Comments: FOR EXPERT APPOINTMENT AND FEES AT STATE EXPENSE (CONDENSED)

OTHER ORDER SHOWERS SHAWN 03/06/2023 03/07/2023 03/07/2023
Comments: SUPPLEMENTAL MEDIA ACCESS ORDER

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



No updates for Goodale.

 

[Niner]

Second request to suppress evidence filed for suspect in Fairfield teacher's murder

Willard Miller's lawyers say police violated their client's rights when they interviewed him about the murder of Nohema Graber.

www.kcci.com

Mar. 15, 2023
POTTAWATTAMIE COUNTY, Iowa —
One of the two Fairfield teenagers charged with murdering a teacher will try for a second time to have his statements to police thrown out.

Willard Miller's lawyers say police violated their client's rights when they interviewed him about the murder of Nohema Graber.

A judge already denied a previous request to suppress that evidence.
[.....]
A hearing is set for later this month. Miller will go before a Pottawattamie County jury in April (21st).

 

[Niner]

Oops - looks like the stuck in a hearing on 3/22/23 - and his next one is 3/29/23 as I have in my notes...

Teen charged with murder of Fairfield teacher set to get last-minute request granted

Willard Miller, a Fairfield teenager charged with the vicious murder of Nohema Graber, is making a last-minute request that could delay his trial.

khqa.com

Mar. 22, 2023
FAIRFIELD, Iowa — Willard Miller, a Fairfield teenager charged with the vicious murder of his high school Spanish teacher, is making a last-minute request that prosecutors fear could delay his trial.
[.....]
The defendant is requesting new expert witnesses at the state’s expense, just over a month ahead of the April 21, 2023, trial date the court is aiming for.

The judge said that he intends to grant the motion.

The defendant is now requesting a crime scene analyst, a digital forensic expert, a social psychologist, a clinical psychologist and an investigator at a total cost of $34,500.

The state argues that there is no new crime scene evidence or digital evidence to explain the lateness of this request.
[.....]
Brown said he understands the request to cover expenses, but wishes it was sooner rather than later. Still, they are not planning to exclude any witnesses due to timing.

A second hearing is set for next week in Jefferson County regarding a motion to suppress evidence. The defense argues that numerous pieces of evidence were seized in violation of Miller’s constitutional rights.

The hearing will be on March 29, 2023.

 

[Niner]

Docket update:

Event Filed By Filed Create Date Last Updated Action Date
OTHER ORDER SHOWERS SHAWN 03/24/2023 03/24/2023 03/24/2023
Comments: FOR APPOINTMENT AND PAYMENT OF: EXPERT FEES, INVESTIGATOR
FEES, DEPOSITION AND TRANSCRIPT EXPENSES, AND OTHER
EXPENSES, AT STATE EXPENSE.

COURT REPORTER MEMORANDUM AND CERTIFICATE - WITH FEE 03/22/2023 03/22/2023 03/22/2023
Comments: MCFALL/SHOWERS. MOTION RE:EXPERT FEES. $40.

COURT REPORTER MEMORANDUM AND CERTIFICATE - WITH FEE 03/22/2023 03/22/2023 03/22/2023
Comments: MCFALL/SHOWERS. $40 MOTION TO CONTINUE TRIAL

OTHER ORDER SHOWERS SHAWN 03/21/2023 03/21/2023 03/21/2023
Comments: TO FILE UNDER SEAL.

NOTICE BUSHELL WILLIAM L. 03/17/2023 03/17/2023 03/17/2023
Comments: SPD NO OBJECTION

ORDER SETTING HEARING SHOWERS SHAWN 03/16/2023 03/16/2023 03/16/2023
Comments: HEARING ON MOTION FOR EXPERT WITNESS AT STATE EXPENSE ON
03/22/2023 9:00AM. EDMS COPY:MULLINS/ATTY GEN
BROWN/MOULDING/DEFT VIA BRANSTAD/OLSON/DOC.

RESISTANCE BROWN SCOTT DEAN 03/16/2023 03/16/2023 03/16/2023

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

 

[Seattle1]

The defendant is now requesting a crime scene analyst, a digital forensic expert, a social psychologist, a clinical psychologist and an investigator at a total cost of $34,500.

^^rsbm

 

[LaborDayRN]

https://ottumwaradio.com/new-trial-date-for-fairfield-teen-accused-of-killing-teacher/

The trial for 17-year-old Willard Miller was originally set to begin on March 20th. A judge’s ruling has pushed the trial back to April 21st. Miller’s trial will take place in Council Bluffs instead of Fairfield after his lawyers successfully petitioned for his trial to be moved.

My goodness! I feel so bad for Mrs Graber's family. They've been waiting so long for justice for Nohema. Delay after delay......

 

[Seattle1]

My goodness! I feel so bad for Mrs Graber's family. They've been waiting so long for justice for Nohema. Delay after delay......

Agree! And based on the defendant's (Miller) latest maneuver, I don't see Miller's trial starting 4/21.

The state argues that there is no new crime scene evidence or digital evidence to explain the lateness of this request.

Iowa Assistant Attorney General Scott Brown said that he is still waiting on the list of defense witnesses.

The lack of urgency would leave little time for the state to prepare between the deposition and trial.

Brown said he understands the request to cover expenses, but wishes it was sooner rather than later. Still, they are not planning to exclude any witnesses due to timing.

Teen charged with murder of Fairfield teacher set to get last-minute request granted

Willard Miller, a Fairfield teenager charged with the vicious murder of Nohema Graber, is making a last-minute request that could delay his trial.

khqa.com

 

[Tiger Stripes]

^^rsbm

Well, FWIW, those of us here in the Midwest (and specifically in the state where the crime took place) are NOT happy about any of this stuff... In fact, every person with whom I spoke at the time of the crime (Nov. of 2021) spontaneously made "angry" sounds, waggled their index fingers, and often used the word "Justice!", and sometimes the phrase, "Justice for Nohema!"

So! Just want to give y'all a general "temperature" of how people in these parts feel about angry students deciding to just...murder a teacher who won't just "give away" a higher grade. While I do *not* live in Mrs. Graber's town, trust me when I tell you that adults in this state are beyond furious over what these two young men did (and I'm trying to speak/write kindly, not using the words to describe them that so many others here in this state have used ).

Oh -- and not.one.taxpayer is "excited" about these requests for "experts"... (Now, keep in mind, I'm not saying that the defendants are not *allowed* to have such "experts"; just that... well, you here on WS, and in this forum, can already well imagine exactly what 99.44% of the general populace is thinking about regarding this case.)

+ + +
Also, special thanks to @Niner and @Seattle1 (and others who I may have missed, since I have not read the entire forum from the first day up until today); thanks to everyone who has shared court dates, updates, etc. Much appreciated!

 

[Niner]

Wednesday, March 29th:
*Pretrial Motions Conference Hearing (@ 11:30am) - 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 was set to begin on 3/20/23 was continued 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 2/22/23 reference post #168 here:
https://www.websleuths.com/forums/t...ents-fairfield-nov-2021-arrests.599830/page-9
2/23/23: Motion for continuance of trial (unresisted) filed by Christine Branstad-granted. Earlier this month, Judge Showers had denied a request to delay the trial but agreed this week to reset it for “good cause,” after the State opted not to resist the request for a delay after previously resisting it. Eighth Judicial District Judge Shawn Showers ruled jury selection will begin 4/21/23 & testimony will start 4/24/23 in Pottawattamie County District Court in Council Bluffs. The trial was moved from Jefferson County because of pretrial publicity. The trial is expected to last 10 days. Next pretrial conference on 3/6/23.
3/6/23 Update: Order for continuance by Judge Shawn Showers. Counsel shall contact court admin. for new pretrial date on or before 3/10/23. 3/7/23: Other Order: Supplemental media access order by Judge Shawn Showers. 3/7/23: Other Order by Judge Shawn Showers: Supplemental media access Order. 3/14/23: Motion for expert appointment & fees at State expense (condensed) filed by Christine Branstand. Motion to suppress, 2nd & Motion for Franks hearing filed by Christine Branstad. Order: Setting hearing on 3/29/23 @ 9am for Motion to Suppress & Motion for expert witness. 3/15/23: 3rd Additional minutes of testimony filed by Chauncey Moulding.
3/22/23 Update: Hearing on motion for expert witness at State expense on 3/22/23. The defendant is requesting new expert witnesses at the state’s expense, just over a month ahead of the 4/21/23 trial date the court is aiming for. The judge said that he intends to grant the motion. The defendant is now requesting a crime scene analyst, a digital forensic expert, a social psychologist, a clinical psychologist & an investigator at a total cost of $34,500. The State argues that there is no new crime scene evidence or digital evidence to explain the lateness of this request. Assistant Attorney General Scott Brown said he understands the request to cover expenses, but wishes it was sooner rather than later. Still, they are not planning to exclude any witnesses due to timing. A second hearing is set for next week in Jefferson County regarding a motion to suppress evidence. The defense argues that numerous pieces of evidence were seized in violation of Miller’s constitutional rights. The hearing will be on 3/29/23. 3/24/23: Order for appointment & payment of expert fees, investigation fees, deposition & transcript expense & other expenses at State's expense. 3/28/23: Resistance to defendant's Motion to Suppress filed by Chauncey Tyler Moulding.
*Jeremy Everett Goodale (16/now 17) – Pretrial conference hearing on 5/4/23 & trial set to begin on 5/15/23.

 

[Niner]

Hey @Tiger Stripes - nice to see you back on WS!

 

[Gardenista]

Hearing is supposed to start in about 8 minutes