Dear Mr. Andrus:
I am extremely disappointed in your decision to dismiss charges against Greg Nelson and Suzanne Little. Usually, a DA will go for a retrial when he gets a majority vote for conviction the first time around. Murder is absolutely the highest priority crime to prosecute. How can you possibly say that the rest of your workload is more important?
Christine Chenevert and yourself did your best on the first trial and managed to convince seven jurors that Greg was guilty, guilty, guilty! But I think there are a number of ways you could improve on a retrial.
In jury selection, it appears from what other jurors have said that you were stuck with a couple of jurors that were hopelessly biased against conviction. I hope your intuition on this is better next time. When a defense lawyer questions a potential juror very aggressively, then reluctantly decides not to challenge, he/she may be playing a game to sneak a juror he/she really likes onto the jury. Don't get any non-practicing lawyers on the jury. Do look for people who have seen what meth does and does not do to people. Being Native American is probably a plus, except for Hoopa residents.
A couple of jurors thought that Greg was the salt of the earth. This should not have happened. He is almost certainly a pusher as well as a meth user. Find some people in rehab who will testify that Greg sold them meth. Sylvia Jenkins was not very credible, but if you use her, ask her if Greg supplied her with meth when she was a minor. Find some gyppo loggers who fired Greg because he showed up loaded and couldn't do the job. Did he pay income taxes? Probably not. Get his IRS records. Did he make enough to live without dealing meth? Probably not. Make sure the jury knows he is a scumbag.
Don't leave Steve Marshall for the defense to take apart. Prep him as well as you can and put him on. Make sure that you discuss any inconsistencies in his testimony during direct, and give him a chance to reconcile differences between his recollections and the confession. In "Outrage," Bugliosi said that if only the DA had gotten Fuhrman to say that yes, to his great regret he had used the term nigger on a few occasions, OJ would have been convicted.
Research any precedents saying that minor participants in a kidnapping are equally guilty. Make sure the judge and jury hear that and try to get it in the instructions. Work harder on the ransom note issue. Things unfortunately do get lost in 33 years.
Maybe you need an expert on what meth does and does not do to a person. Meth addicts I have known were clever liars, skilled at manipulating people. It would be totally out of character for a meth addict to give a false confession. Bugliosi handled this issue pretty well when the defense objected to Linda Kasabian's testimony on the grounds that she was an acid head with a blown mind.
Keep digging for witnesses to the disposal of the body.
Could the red honda still be in a junkyard somewhere? Are there records that Albert Carpenter or someone else did own this car? Really work on anything that might result in physical evidence.
If Greg can be convicted on a drug charge and in jail during a retrial for murder, so much the better.
Work harder on motive. Did Bill Cook have anything to do with the accusation that Antone murdered Herb Cook? Did he testify in Antone's trial? Did Antone and Suzanne get a huge bill they couldn't pay after the trial? If so, make sure the jury knows this.
Showing posts with label Willie Cook. Show all posts
Showing posts with label Willie Cook. Show all posts
Wednesday, December 16, 2009
Confession + seven guilty votes = Murder Case Dismissed!
Faced with a budget crisis and a powerful bay area defense attorney, DA Kirk Andrus moved to dismiss kidnapping charges against Suzanne Little, and Murder/kidnap charges against Greg Nelson of Hoopa, for the death 33 years ago of six-year old Willie Cook of Happy Camp. Nelson's first trial ended with the jury deadlocked 7 to 5 for conviction on murder, and 6 to 6 on the kidnapping charge. Redding Searchlight
Nelson's retrial and Little's trial had been scheduled to begin Jan 11. Family and friends of the victim felt betrayed and appalled by the decision. Andrus will undoubtedly be second-guessed for spending a reported $60,000 in drug forfeiture money for a special prosecutor in Nelson's first trial instead of prosecuting it himself. Many courtroom observers thought that Nelson's first trial should have been a slam dunk, since the prosecution had a confession and an eyewitness. But public defender Lael Kayfetz managed to sow enough doubt to get a mistrial.
The state can still refile charges against both defendants if they get more evidence and/or more money.
As the days have gone on since the mistrial was announced on November 12, I have become more convinced of Nelson and Little's guilt. Several former jurors have commented extensively on the case in the Eureka Times-Standard forum. Topix forum The bottom line is that Nelson did confess. The confession was wrung out of him over a two day period, but it was ruled admissible. Nelson clearly and consistently denied molesting Cook, whose body was found nude. But his statements on whether he suffocated or strangled Willie were equivocal in the beginning, until he finally did confess, although he claimed he hadn't really meant to kill him. And he admitted early on that he was the driver when Willie was kidnapped in Happy Camp and brought to Hoopa. Nelson later claimed that he made the confession because he was really messed up on meth, and had consumed 1/8 ounce of it that the arresting officers missed, when they stopped for a bathroom break. Nelson may not be too bright, but he already knew about Miranda rights, having two previous convictions. And the meth addicts that I have known would definitely lie, but they all seemed to be clever liars skilled at manipulating people to get money or whatever they needed to get more speed. The idea that this powerful mental stimulant would make someone confess to something they didn't do is fundamentally at odds with the reality I have seen over the last 40 years. I would say that any juror relying on his own common sense would have to put the idea of false confessions in the same loopy category as the idea of "recovered memories," a concept advocated by a few psychologists years ago.
Where did the prosecution go wrong on this case? See above post.
Nelson's retrial and Little's trial had been scheduled to begin Jan 11. Family and friends of the victim felt betrayed and appalled by the decision. Andrus will undoubtedly be second-guessed for spending a reported $60,000 in drug forfeiture money for a special prosecutor in Nelson's first trial instead of prosecuting it himself. Many courtroom observers thought that Nelson's first trial should have been a slam dunk, since the prosecution had a confession and an eyewitness. But public defender Lael Kayfetz managed to sow enough doubt to get a mistrial.
The state can still refile charges against both defendants if they get more evidence and/or more money.
As the days have gone on since the mistrial was announced on November 12, I have become more convinced of Nelson and Little's guilt. Several former jurors have commented extensively on the case in the Eureka Times-Standard forum. Topix forum The bottom line is that Nelson did confess. The confession was wrung out of him over a two day period, but it was ruled admissible. Nelson clearly and consistently denied molesting Cook, whose body was found nude. But his statements on whether he suffocated or strangled Willie were equivocal in the beginning, until he finally did confess, although he claimed he hadn't really meant to kill him. And he admitted early on that he was the driver when Willie was kidnapped in Happy Camp and brought to Hoopa. Nelson later claimed that he made the confession because he was really messed up on meth, and had consumed 1/8 ounce of it that the arresting officers missed, when they stopped for a bathroom break. Nelson may not be too bright, but he already knew about Miranda rights, having two previous convictions. And the meth addicts that I have known would definitely lie, but they all seemed to be clever liars skilled at manipulating people to get money or whatever they needed to get more speed. The idea that this powerful mental stimulant would make someone confess to something they didn't do is fundamentally at odds with the reality I have seen over the last 40 years. I would say that any juror relying on his own common sense would have to put the idea of false confessions in the same loopy category as the idea of "recovered memories," a concept advocated by a few psychologists years ago.
Where did the prosecution go wrong on this case? See above post.
Monday, November 9, 2009
Nelson's Sentence, If Found Guilty
As of Monday morning there is still no verdict. Daily News
If found guilty does the court or the jury have much sentencing discretion? According to the current criminal code, it looks like the only possible sentence on either count is life without parole. Section 209a of the Calif. Penal Code prescribes life without parole in any kidnapping case in which the victim is held and detained or held for ransom if the kidnapping results in death of the victim. kidnapping code This would be true even if the jury does not necessarily believe Bill Cooks testimony that he did get a ransom note, which was subsequently lost. However, if the Penal Code in 1976 prescribed or allowed a lesser sentence, that code would apply. I'm not a lawyer and that would be beyond my couch potato research ability.
On the murder count, if the jury convicts and finds special circumstances, the only possible sentences are life without parole and death, but the prosecution has said it will not seek the death penalty. Section 190.2 of the Cal. Penal Code defines most of the special circumstances. special circumstances (scroll down) The one that would certainly apply to this case is number 10. The victim was killed to keep him from talking. Also, number 1, that the victim was killed for financial gain, would apply if the jury believes that they were trying to get money from the Cook family. Again, if the law was different in 1976, the penalty could be different.
Would Nelson actually stay in prison until he is taken out feet first? Since the law giving the court the option of death or life without parole was enacted, I don't think anyone has been released. Governor Gray Davis didn't even release anyone with a 25 to life sentence, for fear of being attacked as a liberal wuss. However, I wouldn't count on it. The state is under a court order to reduce the prison inmate population and one report recommends that people who have served 20 years and are over 60 years old be considered for release even if their crime was murder (but not sex predators). I'm not optimistic about the California economy, and it is likely that the prison problems we have now will be as bad or worse in 20 years.
Another possibility is that the court will offer Nelson a post-conviction deal to testify against Suzanne Aubrey and any other possible defendants. This would make sense for the prosecution, because their case against Aubrey is not as strong.
If found guilty does the court or the jury have much sentencing discretion? According to the current criminal code, it looks like the only possible sentence on either count is life without parole. Section 209a of the Calif. Penal Code prescribes life without parole in any kidnapping case in which the victim is held and detained or held for ransom if the kidnapping results in death of the victim. kidnapping code This would be true even if the jury does not necessarily believe Bill Cooks testimony that he did get a ransom note, which was subsequently lost. However, if the Penal Code in 1976 prescribed or allowed a lesser sentence, that code would apply. I'm not a lawyer and that would be beyond my couch potato research ability.
On the murder count, if the jury convicts and finds special circumstances, the only possible sentences are life without parole and death, but the prosecution has said it will not seek the death penalty. Section 190.2 of the Cal. Penal Code defines most of the special circumstances. special circumstances (scroll down) The one that would certainly apply to this case is number 10. The victim was killed to keep him from talking. Also, number 1, that the victim was killed for financial gain, would apply if the jury believes that they were trying to get money from the Cook family. Again, if the law was different in 1976, the penalty could be different.
Would Nelson actually stay in prison until he is taken out feet first? Since the law giving the court the option of death or life without parole was enacted, I don't think anyone has been released. Governor Gray Davis didn't even release anyone with a 25 to life sentence, for fear of being attacked as a liberal wuss. However, I wouldn't count on it. The state is under a court order to reduce the prison inmate population and one report recommends that people who have served 20 years and are over 60 years old be considered for release even if their crime was murder (but not sex predators). I'm not optimistic about the California economy, and it is likely that the prison problems we have now will be as bad or worse in 20 years.
Another possibility is that the court will offer Nelson a post-conviction deal to testify against Suzanne Aubrey and any other possible defendants. This would make sense for the prosecution, because their case against Aubrey is not as strong.
Thursday, October 29, 2009
Murder trial, continued
Couldn't get to the courthouse today (Thurs 10/29). Dave Smith's Story in the Siskiyou Daily News here
is three days behind, and described Monday's testimony by Ken and Lodema Oliver, who believe they were with Nelson on the day of the crime. They lived at the Croy property in Hoopa at the time. The article doesn't really go into the details of the timeline, as to whether their specific memories would establish that Nelson was not in Happy Camp at the time of the kidnapping. And the witnesses were not entirely sure of the date, recalling being stopped by the police on Aug 28, 1976, although retired detective Jack Fairchild said he and Jack Partlow did not even get to the scene until around 10 pm on the 28th. This testimony will be dissected by both lawyers during the summary, with the defense interpreting it as an alibi.
So, who is ahead in this drama with one man's life and another family's need for justice at stake? As a blogger, not a print journalist, I am free to speculate. And none of the jurors look like internet nerds, so I'm not worrying about corrupting anyone. I'm betting on a conviction on at least some charges. Nelson's own testimony looms pretty large. When he said earlier in the interrogation, "I was just the driver," that meant he was at least the driver. In my humble opinion, he could not have been unaware that he was helping in a kidnapping. On the other hand, when he seemingly concurred that he had put the body in the barrel, I can't tell whether this is a true confession or a crashing speed freak at the end of a two day interview who just wants to say whatever it takes to get it over with. The odd thing is that, as an outsider with no local ancestry (He had enough Cheyenne genes to get payments from that tribe, but looks mostly white.) he had no motive to be involved in this except the desire to fit in and please the girlfriend, Joyce Croy, who was 15 years older. This is reminiscent a little of Albert Camus' novel, The Stranger, in which a man sets out to help a casual friend in a dispute, and ends up commiting murder. The man who really did have a grudge against the Cook family was Antone Aubrey, the late ex-husband of Suzanne Aubrey Little, the other defendant. He is beyond human justice, having himself been the victim of an unsolved murder in 1980.
I have heard rumors of rebuttal testimony being completed tomorrow, but nothing definite. I hope to take in the summaries next week, but may be tied up.
Unfortunately, the convictions of both defendants would do little or nothing to reduce the pervasive meth culture in the area, and family vendetta's are likely to continue. When I lived on the Klamath River in the early '70's, most of the middle aged natives had been educated at the Sherman School for Indians in Riverside. sherman school They sometimes were proud of that, and other times expressed a sense of loss that so many of the elders had died when they returned. The Sherman School still exists, but this has not been considered a politically correct way to treat the natives in recent decades. However, few have suggested we apologize as the Australians did. PM Rudd's Apology
is three days behind, and described Monday's testimony by Ken and Lodema Oliver, who believe they were with Nelson on the day of the crime. They lived at the Croy property in Hoopa at the time. The article doesn't really go into the details of the timeline, as to whether their specific memories would establish that Nelson was not in Happy Camp at the time of the kidnapping. And the witnesses were not entirely sure of the date, recalling being stopped by the police on Aug 28, 1976, although retired detective Jack Fairchild said he and Jack Partlow did not even get to the scene until around 10 pm on the 28th. This testimony will be dissected by both lawyers during the summary, with the defense interpreting it as an alibi.
So, who is ahead in this drama with one man's life and another family's need for justice at stake? As a blogger, not a print journalist, I am free to speculate. And none of the jurors look like internet nerds, so I'm not worrying about corrupting anyone. I'm betting on a conviction on at least some charges. Nelson's own testimony looms pretty large. When he said earlier in the interrogation, "I was just the driver," that meant he was at least the driver. In my humble opinion, he could not have been unaware that he was helping in a kidnapping. On the other hand, when he seemingly concurred that he had put the body in the barrel, I can't tell whether this is a true confession or a crashing speed freak at the end of a two day interview who just wants to say whatever it takes to get it over with. The odd thing is that, as an outsider with no local ancestry (He had enough Cheyenne genes to get payments from that tribe, but looks mostly white.) he had no motive to be involved in this except the desire to fit in and please the girlfriend, Joyce Croy, who was 15 years older. This is reminiscent a little of Albert Camus' novel, The Stranger, in which a man sets out to help a casual friend in a dispute, and ends up commiting murder. The man who really did have a grudge against the Cook family was Antone Aubrey, the late ex-husband of Suzanne Aubrey Little, the other defendant. He is beyond human justice, having himself been the victim of an unsolved murder in 1980.
I have heard rumors of rebuttal testimony being completed tomorrow, but nothing definite. I hope to take in the summaries next week, but may be tied up.
Unfortunately, the convictions of both defendants would do little or nothing to reduce the pervasive meth culture in the area, and family vendetta's are likely to continue. When I lived on the Klamath River in the early '70's, most of the middle aged natives had been educated at the Sherman School for Indians in Riverside. sherman school They sometimes were proud of that, and other times expressed a sense of loss that so many of the elders had died when they returned. The Sherman School still exists, but this has not been considered a politically correct way to treat the natives in recent decades. However, few have suggested we apologize as the Australians did. PM Rudd's Apology
Wednesday, October 28, 2009
More Murder on the Klamath
Wednesday's proceedings featured a poignantly sad tape from 26 year old Sylvia Jenkins, on the telephone with her Grandmother, Sylvina Olson. Jenkins started by telling Grandma that her baby was in the hospital, was only 4 1/2 pounds, and had been born after only six months inside her. She doesn't have custody of either of her daughters. She went on to apologize for her role in burning down Grandma's home in Hoopa. Her story varied during different parts of the tape but seemed to be that the defendant, Greg Nelson, had been threatening her, but her role in the burning was to fall asleep with a candle in the church next door, starting a fire there which was then carried to her Grandma's house by two other men with gasoline. If it didn't provide positive proof of Nelson's guilt, it did show a damning example of the corrosive effects of meth, the use of which appears to be widespread on the reservation and up the river. She said, "Hoopa is slowly burning itself out."
Public Defender Kayfetz attempted to show that the officer presenting the tape had led her and coached her to implicate Nelson.
Monday's testimony, which I am drawing from Dave Smith's article in the Daily News, featured the testimony of Dr. Karl Fischer, the clinical psychologist for the Hoopa Tribe. Fischer said that Steve Marshall, the main witness for the prosecution, suffers from post traumatic stress disorder. He is capable of remembering what he sees, and knows truth from illusion, but might have a tendency to fantasize. It appeared that he was saying that Marshall is believable unless he knowingly chose to lie. Marshall had testified that he witnessed both the kidnapping and the murder when he was 10 years old.
Public Defender Kayfetz attempted to show that the officer presenting the tape had led her and coached her to implicate Nelson.
Monday's testimony, which I am drawing from Dave Smith's article in the Daily News, featured the testimony of Dr. Karl Fischer, the clinical psychologist for the Hoopa Tribe. Fischer said that Steve Marshall, the main witness for the prosecution, suffers from post traumatic stress disorder. He is capable of remembering what he sees, and knows truth from illusion, but might have a tendency to fantasize. It appeared that he was saying that Marshall is believable unless he knowingly chose to lie. Marshall had testified that he witnessed both the kidnapping and the murder when he was 10 years old.
Thursday, October 8, 2009
Murder on the Klamath
The big local news story in Siskiyou County is a Hatfield-McCoy story of feuds and unsolved murders going back at least to 1976, when the body of six year old Willie Cook was found in a barrel near Happy Camp. The case went cold until last year, when some locals started to talk. The participants are several Native American families. Of course, the white men who married into these families were likely also Hatfield-McCoy types. The Siskiyou Daily News has been carrying detailed stories on the trial. http://www.siskiyoudaily.com/homepage/x1992006076/Prosecution-calls-witnesses-to-clarify-earlier-testimony I feel compelled to follow this story because I think I knew the main defendant, Greg Nelson, in 1973, when he was in the Youth Conservation Corps crew in Somes Bar. (That is an employment and training program for high school age kids.) I also talked sometimes with an in-law of the the other main defendant, Susanne Aubrey Little, at the local bar. He would have a few beers and start running down the Forest Service, which was my employer. He said he was proud that his one non-Indian grandfather was a German, not a white man. . .
A third alleged participant, Joyce Croy, now deceased, was related somehow to Patrick "Hoody" Croy, who was convicted a few years back of murdering a police officer near Yreka. However, a bay area appeals court overturned the conviction on the grounds that we are all racist in Siskiyou County.
The prosecution's case seems to be floundering, with witnesses providing hear/say, contradicting their earlier statements, and admitting to long-term meth addiction. One informant said he had a psychic vision that Nelson committed the murder. The investigators are recalled to the stand to explain what the witnesses really meant. One of the investigators let slip that an elderly witness, Sylvina Logan, may be slipping into dementia. Logan's house burned down, and the prosecution claims it was set by Nelson because Logan talked to the prosecution.
However, as shaky as the prosecution's case may be, it looks like Nelson has convicted himself at least as an accessory to murder and a kidnapping participant, by admitting to being on the scene and transporting the victim. Susanne Little's trial will follow.
One other facet of the case is a defense attempt to blame the murder on "Jeeps" a Hoopa woman whose real name was Agnes Colgrove. She would have been a logical suspect, having been in an out of prison several times. Sam, one of my coworkers when I was at Willow Creek, was her neighbor. He said whenever he went away, he would ask Jeeps to watch his place. He figured if the biggest thief around was watching your place for you it should be pretty safe. But she hasn't been placed in the area at the time of the kidnapping and murder, and a number of witnesses do implicate the defendants in one way or another.
The press has followed the custom of not mentioning the race of the defendants, but it did publish photos, and most locals know. Actually Nelson looks mostly white, but a lot of downriver people claim Native American even if they only have one eighth. http://www.websleuths.com/forums/showthread.php?t=73674
So why is this my first blog post? My main interests are gardening, peak oil and fishing. I guess like many, I have a certain fascination with the dark side of human nature. And the subject of race and crime needs a healthy dose of sunshine and objectivity.
A third alleged participant, Joyce Croy, now deceased, was related somehow to Patrick "Hoody" Croy, who was convicted a few years back of murdering a police officer near Yreka. However, a bay area appeals court overturned the conviction on the grounds that we are all racist in Siskiyou County.
The prosecution's case seems to be floundering, with witnesses providing hear/say, contradicting their earlier statements, and admitting to long-term meth addiction. One informant said he had a psychic vision that Nelson committed the murder. The investigators are recalled to the stand to explain what the witnesses really meant. One of the investigators let slip that an elderly witness, Sylvina Logan, may be slipping into dementia. Logan's house burned down, and the prosecution claims it was set by Nelson because Logan talked to the prosecution.
However, as shaky as the prosecution's case may be, it looks like Nelson has convicted himself at least as an accessory to murder and a kidnapping participant, by admitting to being on the scene and transporting the victim. Susanne Little's trial will follow.
One other facet of the case is a defense attempt to blame the murder on "Jeeps" a Hoopa woman whose real name was Agnes Colgrove. She would have been a logical suspect, having been in an out of prison several times. Sam, one of my coworkers when I was at Willow Creek, was her neighbor. He said whenever he went away, he would ask Jeeps to watch his place. He figured if the biggest thief around was watching your place for you it should be pretty safe. But she hasn't been placed in the area at the time of the kidnapping and murder, and a number of witnesses do implicate the defendants in one way or another.
The press has followed the custom of not mentioning the race of the defendants, but it did publish photos, and most locals know. Actually Nelson looks mostly white, but a lot of downriver people claim Native American even if they only have one eighth. http://www.websleuths.com/forums/showthread.php?t=73674
So why is this my first blog post? My main interests are gardening, peak oil and fishing. I guess like many, I have a certain fascination with the dark side of human nature. And the subject of race and crime needs a healthy dose of sunshine and objectivity.
Subscribe to:
Posts (Atom)