That's it for this hearing. I'm so sorry I kept losing my connection. 

Thanks for following today and my complete story will be posted later on https://www.thegazette.com/  

Miller will go to the youthful offender program at IMCC until he turns 18. He could then be sent to another prison to serve his term.     

Judge: He was troubled to hear Miller said he had a higher intelligence than others at detention center. 

The years he will be in prison will give him time for rehabilitation and education. 

A high schooler who formulates a plan with his friend to kill a teacher is dangerous. Malice - Evil doesn't have a birthday.  

He sentences him to life in prison and he must a mandatory minimum of 35 years before being eligible for parole.  

Judge Showers: In sentencing Miller, he has to conduct a more thorough finding and have considered all the juvenile factors. 

Judge orders him to pay $150,000 to Graber's estate or heirs. 

He will impose a mandatory minimum. Facts and circumstances demands it. 

The judge said Miller has shown little remorse, until today. He did plead guilty, which spared the family and community a trial. He considered the heinous and brutal manner of the murder.   

Judge considered his immaturity and that he was only 16, but he noted Miller is intelligent, which is an aggravating factor. 

No previous criminal record. He did have some violations at the detention center, including fighting with another juvenile and saying inappropriate things. 

Judge hopes while in prison will grow as a person. He thinks he dangerous to the community. Mandatory mininium sentence will be a great deterance.

    

 

 

Lost connection completely during Christian's statement. Sorry about that. 

 

 

Deanne Graber, sister-in-law, read by Harms: She will never forget hearing from Paul that Nohema was missing. The beginning of the devastating loss of innocence to her grandchildren - adding murder to their vocabulary.

Nohema was sweetest souls she knew. Her favoritie walking buddy. She would say chicken bumps, instead of goosebumps. Say dirty road, instead of dirt road. 

She had rock solid faith. She always had an encouraging positive words no matter what was going on. 

She will never be able to understand murder. She doesn't understand how Miller could have done such a heinous act against your teacher. 

She thinks Miller should have a 50 year sentence. 

 

Jim Graber, brother-in-law: Nohema had a lot of impact on a lot of people and it only took two to impact so many. Killing someone over a grade is just "insane."

This has affected all generations of the Graber family. Has had to explain murder to the younger kids. 

Miller is a cold bloodied, premeditated murderer. He doesn't believe he is remorseful. 

He hopes Miller opens his soul to God because you're on a "spiral straight to hell." 

Barbara Graber, sister in law, read by another relative: Nohema started out training to be a flight attendant. She then went back to school and got her teaching degree. 

She thinks Nohema's death contributed to Paul's death. 

She doesn't believe Miller is truly repentent. She hopes he serves a minimum of 30 years.   

Tom Graber: Miller doesn't feel remorse over slaughtering Nohema Graber.

He asks for Miller to serve 30 years before being eligible for parole. Paul wanted him to face life sentence with minimum of 35. 

The crime wouldn't have occurred but for Miller's actions. 

Tom Graber, brotherin law: Enormous impact on family and community. It deprieved Paul of her love and his death too soon was the impact. 

Paul was deeply and understandably depressed. He had cancer but his health was impacted by his wife's death. He delayed treatment. On March 31, sitting UIHC waiting to get a room, Paul said he had a dream that his wife came to him and told him it wasn't his time yet. 

Nohema would have made him see a doctor before it was too late. 

Miller's murder played a major role in Paul's death. 

Their adult special needs son has also been impacted. He was recently addmitted to the hospital and couldn't be at the hearing. 

Her other children were impacted to help their dad and brother, Jared. 

Nohema was primary caregiver for Jared. Miller put an end to that too. 

Students and school installed a large granite monument in honor of her. The school and others also have honored her. Memorials at library and park also were placed for Nohema. 

Miller egged and throw rocks at home. Graber tried to reach him but she couldn't. Miller planned it over two weeks before. Paul said more than one had to be involved because she was a fighter. 

Graber met with Miller and his mother and she promised to help him. He had spurned her before. Miller intended to murder her that day and he did. 

He didn't show remorse on the day of his arrest. At his plea hearing, he refused to own up to his crime.   

Harms reading Marilyn , sister in law: Every person Nohema met was her friend. People called her an angel. Had 56 godchildren. She didn't advertise that. She was a private person. 

In the early years, she struggled with English but eventually became a gifted teacher. She loved people. Prayed earnestly for them. She helped so many, so often, so well. 

She was a forgiving person but stood up for truth. 

Brown says they have 10 impact statements. Sarah Harms, victim impact coordinator will read several. 

 

Miller: He accepts responsbility. Apologizes to family. Says he's sorry about Paul Graber's death. He also apologizes to the community and Graber's church. He apologizes to family. "Loves them so much."

He apologizes to Goodale family. 

He knows what he did was wrong. He apologizes to police department for lying to them. ,

Miller said he is realizing the "magnitude" of his actions. 

He asks to be given a chance and not being in prison for the rest of his life. 

 

We are back. 

Judge Showers is reading the cases regarding juveniles that she has cited.

Branstad: She's asking that a mandatory minimum not be imposed. 

Judge calls for 10 min break.  

Branstad: He participated in the murder and didn't tell the truth but much of that showed juvenile behavior. He may look like an adult, based on height, but he was a 16-year-old at the time. 

Judge Showers: He doesn't think case law says he can't consider mandatory minimum without the state having an expert witness. 

Branstad still disagrees.  

Branstad: In presentencing report, Miller admits to planning it and striking Graber. He said it started out as dark joke and got away from him.  No testimony about juvenile factors. She asks for no mandatory minimum to serve. A mandatory should be rare and there should be expert testimony on the juvenile factors. 

Miller was going to therapy, had talked to his mother. He was trying to get help. His friends thought he wasn't serious initially. 

Prosecution hasn't met burden of mandatory minimum.

Seriousness of criminal act isn't enough for a mandatory prison term for juveniles.   

 

Judge Showers: Miller will also have to pay $150,000 in restitution to Graber's estate.

There will also be other restitution that prosecution will submit later.   

Brown: He could be paroled in his 40s. Based on what the evidence showed, Miller deserves every day he gets. He should get 30 year minimum. 

Brown: Recommends Miller be sentenced to life with parole and 30 years mandatory minimum. The reasons for the mandatory minimum are impact to the Graber family. they have suffered immensely. 

Paul Graber passed away in the last few days. Condolences to the family. the impact couldn't be greater. The families and people who know victim are the best to explain the impact of this offense. 

Officer Kinsella explained the impact to the community. Heinous and brutal nature of this crime is on full display in this hearing. He can't imagine how she was attacked and for what - a grade. It's beyond the pale. 

Miller had a lot more support than other kids and this is how he handled it. 

Miller planned it and recruited Goodale to help him kill Graber.. Without Miller, Graber would be alive today.  

Judge will have prosecution and defense make any arguments for sentencing. 

Branstad has no additional evidence. 

Prosecution has no further witnesses to call. 

Kinsella on cross: Miller had spent time with tutor and time getting his missed assignments completed. 

 

Kinsella: Miller had a handwritten note with a description of John Burnett and his the vehicle he drives. 

Police talked to Burnett because they were concerned for his safety. Burnett went out of state and stayed with relatives. 

The whole community was upset, students were scared and didn't want to come to school, police made sure mental health providers were available to everyone, destroyed families of Graber, and Miller and Goodale. 

Still having school safety meetings, critical response meetings. 

She doesn't think community will ever be the same again. 

Lost my connection. 

Fairfield police officer Julie Kinsella: Miller wanted to study abroad in Spain and needed a good grade in Spanish. He bragged to another friend about killing Graber. 

There were snapchat messages to Burnett from Miller and from Miller to other gaming buddies about striking Graber with a bat. 

Miller, in messages, said he was required to take make up test and another test the students were taking the day he returned to school. He told the principal. He also told his mother he was close to "losing it." Graber made him cry, he said.    

Kedley is excused. 

 

Goodale: He doesn't know of anyone else Miller had an issue with, besides Graber. 

They planned it a week or so before.  

Miller had a backpack with a hammer, baseball bat, pocket knife and other items to assist them in killing Graber.

They attacked her on the trail. Miller had a bat in his hand. Miller hit her and then hit her a few more times. Goodale said make sure she's dead. He struck her once. Miller went out on the trail to make sure nobody was around.

They moved the body in the wheelbarrow. Put tarp around the body. The wheelbarrow kind of fell apart and they left it on top of body. 

Still having trouble with my audio. I missed some of what he said. 

    

 

They are going to play Goodale's video interview. Sound is still dificult to hear.  

We are back. Having audio trouble on live stream. Not sure what's going on. 

Video is finished. 

Kedley: He isn't aware that any others were involved in this crime. 

Judge calls for lunch break. Be back at 1 p.m. 

 

Prosecution is going to play a 30 min video. Excepts of Miller's interview.

  

Kedley: Miller was woken up and brought to department for interview. Miller demeanor was relaxed, comfortable and seemingly open. Miller's facts changed over the interviewed. Miller listed several people as his friends but didn't say Goodale wasn't one of his close friends. 

Miller didn't say he spent most of the day with Goodale, which came out later. 

Miller had met with his mother and Graber, then he went to his mother's workplace where he did homework. Then he went home. Later, Miller said he ran into Goodale after leaving his mother's workplace. 

Miller told multiple versions of what happened that day. He denied knowing about death of Graber. Later, he said numerous masked individuals chased Graber into park and then saw the individuals carrying a body, which he persumed was Graber. 

Miller said there were several people who had gone through Graber's class and had ill feelings towards her.      

DCI Special Agent Ryan Kedley takes the stand. 

Kedley: On Nov. 3, he was also called to assist on missing persons case of Graber. 

 Burnett's information led them to Goodale and Miller as suspects. Search warrants obtained for their houses on Nov. 4.

Burnett and his girlfriend said there were other snapchat messages implicating Miller and Goodale. 

Kedley spoke with Miller. He signed a waiver. He also talked to Goodale. 

 

 

Heinricy: Someone with a mandatory min won't get into programming on adult side right away, except for having education classes. He could attend college level classes. He could get his college degree. They have partnerships with community colleges and some online programming. The inmate or his family would have to pay for college level classes. 

  

Heinricy: Youthful offender program usually has 10 or 15 in unit. Each inmate has schooling, programs to teach life skills, have one on one counseling. They are sight and sound separated from adults. 

Miller, 17, almost 18, he will still go to the youthful offender unit and can take advantage of programming. When he is moved to adult side at 18, he can still continue his programming.

Miller will be assessed to see what programming he would be eligible for on the adult side. As an adult, Miller would likely be moved to the Iowa State Prison based on his conviction. 

     

Mike Heinricy, warden at IMCC - Iowa Medical and Classification Center at Oakdale, takes the stand. The prison is also the intake center where everyone goes first to be processed and then sent a designated prison. 

The youthful offender program started in 2014 in Anamosa and moved to IMCC in 2018 or 2019. The youthful offendera are kept separate from adults. Have change to go to have education classes and mental health services. 

 

We are back. 

Vileta: They have statements regarding who used the bat and they have evidence that Graber was struck. Miller told people he struck her. Goodale, in his plea, admitted it. ,

He is excused. 

Judge calls for break. Be back at 11 a.m. 

 

Vileta: A few people didn't take Miller's messages seriously about Graber. Thought it was a joke.

Miller had a lot of incomplete assignments in Graber's class. He turned in homework that day he met with Graber. 

Not much electronic communication between Miller and Goodale about killing Graber. Goodale said they only spoke two times before Nov. 2. 

Physical is consistent with Miller saying Goodale struck her with bat. 

 

Branstad on cross: Goodale, in a recovered message, said he walked up behind her with bat. He says he swung the bat?

Vileta: Yes. 

Vileta: Blood found on Goodale's clothing. Goodale's statements made after he would have access to all investigation details and in trying to make a plea. 

 

Showing Google searches done by Miller on his phone.

Vileta: Oct. 24, 2021, "Do students receive credit for class if professor is seriously injured or dies during course."

Email Oct. 30, 2021, lists of different items used to attack Graber. Hammer, cover, transport vehicle, garden gloves, plastic gloves, trash bags, wet wipes. Goodale described this items being used. 

Wet wipes were found at the scene. 

Details what they need to do to "secure victory."  

Vileta: They could show motive and opportunity to kill Graber. Goodale in the snapchats says Miller was getting bad grade in Graber's class. Miller's phone texts show in detail his motive. 

Goodale had Graber as Spanish teacher the year before and had good grades. 

Planning for murder happened about 10 days to two weeks before Nov. 2. Miller started asking others to help. He also had a list of items he needed.  

Miller said they had been watching Graber to track her habits - like going to the park. The day before, they were preparing but Graber had a church event and didn't go to the park.  

Vileta: They had videos of Graber's van leaving the park about 4:45 p.m. Can see who is driving van. 

Search warrants obtained for houses of Miller and Goodale. They seized Miller's cellphone and a bat. They took clothing from Goodale's house. 

Miller was interviewed. Goodale declined but was later interveiwed in a proffer for the plea agreement. 

Other teens were interviewed. Miller told one friend if Graber came up missing not to contact police. Her routes were predictable and he could easily hit her with bat in the park. 

Another person told police that Miller said he hit someone with a baseball bat. 

Goodale's girlfriend said she had met with Goodale about 4 pm. at park. She said she saw Miller walking down path toward crime scene and then saw Goodale go down the same way after him after Goodale told her to leave.  

Vileta: John Burnett, friend of Goodale and Miller, came to police dept with his girlfiend. He said he had information about Graber. He had screenshots of snapchats with details about Graber's fatal attack. The reason for the death is because Graber gave Miller bad grade. The snapchats were between Burnett and Goodale. They implicated Goodale and Miller in her death. 

Miller had already been a suspect because of statements given to police by another person. 

 

Brown is showing the graphic photos. 

Vileta: Wheelbarrow removed and tarp was open by crime scene team to take photos. Graber didn't have shirt on. Her turtleneck and another shirt were found up in the trees. 

No physical injuries on her arms and legs. She had severe head injuries. 

  

Vileta: There was blood in one area of the park where Graber is believed to be killed. They determined this was the location and it was confirmed by Goodale. The railroad tracks are up the hill from where she was killed. 

There was more significant amount of blood farther up the patch. Her body was found near the railroad tracks. Her body found under wheelbarrow, he said. The wheelbarrow was used to move her body. The wheelbarrow fell apart at one point because the body was likely too heavy. 

In the photo, her body can't been seen under wheelbarrow. Her body is wrapped in tarp underneath it. Couldn't see it under right next to it.    

Showing photos of van. Vileta said it was parked in some trees and bushes on dead end road. 

Miller and Goodale were picked up by a friend on Middle Glasgow Rd. Goodale had called him for a ride. The friend wasn't involved in the crime. 

 

Vileta: Access to railroad track is a path leading to it. Her body was found 10 meters from railroad tracks. Steep incline and wooded area. 

Graber's vehicle was found on Middle Glasgow Rd. It's a dead end road. Police had information from Burnett about how to find van. 

Graber initially seemed to have a blunt force injury - severe head trauma. In this case, a baseball bat was used. 

A baseball bat was found in Miller's bedroom in a corner against the wall. The bat was described as having "flames" on it. DNA can easily be cleaned from an item.   

Vileta: Graber was found dead Nov. 3. It was a suspicious death. In the woods, covered with tarp, covered with wheelbarrow and railroad ties. 

An hour earlier, John Burnett came to police with information. Burnett was friends with Goodale and Miller. Closer to Goodale. 

Brown is showing map of Chautauqua Park in Fairfield. 

 

DCI Special Agent Trent Vileta takes the stand. Fairfield police requested DCI's help investigating missing persons case involving Nohema Graber on Nov. 3, 2021. She would go to park and walk at 4 p.m. She was last seen at 4 p.m. on Nov. 2. Her van was seen entering the park about 4 p.m. 

On Nov. 3, her husband, Paul Graber, came to police department at 8 a.m. to report her missing.   

Showers will admit all photos, except for one, and videos of interviews with Miller and Goodale.  

  

Brown said they will also submit photos, including photos of Graber, which will be graphic and they have warned the family. 

Branstad objects to those photos being submitting. 

Brown said they are being submitted because of the "heinous" nature of the crime. 

Branstad objects to showing those. She said they don't depict the crime. They are just "sad."

 

Asst. Iowa Attorney General Scott Brown: They will have four witnesses, including DCI investigators and an Oakdale warden who is over the youthful offender program. 

They will recommend life and that Miller serve 30 years as a mandatory minimum before being eligible for parole.    

Showers said Miller has pleaded to first-degree murder. A presentencing report was conducted because Miller is a juvenile. A report is usually not conducted because first-degree murder is an automatic life sentence for adults and the judge has no discretion.  

Christine Branstad, Miller's lawyer, said they don't object to use of report.

 

Judge Showers just came into the courtroom.  

Good morning all! The sentencing for Willard Miller will get underway in a few mintues. Miller just came into the courtroom.