More twists in case, but Nelson insists she is innocent
By David Young, Greeley Tribune
Published February 28, 2008 at 7:47 a.m.
Updated February 28, 2008 at 10:43 p.m.
Photo by Brian Brainerd / Associated Press
Michelle Moore, a friend of Shawna Nelson, wipes tears from her eyes as she testifies.
Moments after the prosecution rested its case of first-degree murder against Shawna Nelson, she took the stand in her own defense.
Three times, Nelson said she did not shoot, nor did she have anything to do with, the shooting of Heather Garraus.
Nelson faces life in prison for the execution-style shooting of Garraus on Jan. 23, 2007. Nelson had an affair with Garraus' husband, Ignacio Garraus, and gave birth to his son.
Defense attorney Kevin Strobel led Nelson step by step through her affair with Ignacio Garraus, her relationship with Michelle Moore and her communications with Garraus; many of her accounts conflicted with prior testimony this week.
The night of the murder, Nelson testified, she wanted to take a bath to relax because she had a headache. While preparing the bath, Nelson said she wanted a bottle of wine and put on dirty clothes, including her husband's underwear, not wanting to dirty clean clothes.
Nelson said she intended to put on shoes, but she was in a hurry and just left without them.
"The next thing I remember is my phone ringing and jolting me out of a daze, and I was in front of College Green Liquor," said Nelson, who said she ignored the call from her husband.
Nelson said she would black out. When asked to explain her definition of black out, Nelson compared it to driving home drunk and the next morning not remembering how she got there.
Nelson confirmed her husband's testimony regarding him stopping her near their home and said she never saw Ken Nelson remove anything from the truck; she said there were no guns in the truck.
She did say a mask, which she is accused of wearing during the shooting, was in the truck and had been there since Halloween. Nelson also said her husband had seen the mask before, which conflicted with Ken Nelson's testimony that he had never seen it prior to the night of the shooting.
Nelson said she had a sexual relationship with her then best friend Moore, and that she never discussed killing Garraus with her or scenarios of how to commit a crime.
Moore testified this week that she never had a sexual relationship with Nelson and that Nelson had said she could just shoot Garraus.
"None of this is stuff that I'm very proud of," Nelson said regarding her relationship with Moore. "Both of us made decisions that we weren't going to tell anybody."
Nelson also said she never gave Moore Ambien, a sleeping aid, to put in her husband's, coffee, as Moore had testified she had done the night before the murder.
Moore also had testified that Nelson told her she did not pawn a gun in Loveland to a man on a street, which Nelson contradicted Thursday.
Nelson said she never envisioned shooting Garraus, as Jennifer Morrison, a former police dispatcher who worked with Nelson, testified to Wednesday.
Nelson testified she had been married before being married to Ken Nelson, and had gotten a divorce because she thought her then-husband was having an affair with Michelle Busch.
Wednesday in court, Michelle Busch testified that she had responded to the shooting scene on Jan. 23, 2007, and said she had been threatened herself by Nelson in 2004 for giving Ignacio Garraus a ride home from a party.
Thursday on the stand, Nelson said she was intoxicated and did threaten Busch that night. Nelson also said she found out she was pregnant that night with Ignacio Garraus' child.
"I had found out I was pregnant, and I wanted to talk to him (Ignacio) about it," Nelson said. "I learned he left party... I was upset ... I was very upset."
Nelson's Affairs
While pregnant with that child, Nelson said she told Heather Garraus the two never had an affair, and that Ignacio Garraus loved her very much.
Nelson said Ignacio Garraus talked her into having an abortion in 2004, a move she said she regretted.
She felt "humiliated and haunted; it still haunts me," said Nelson, shuddering and crying.
From that point, Nelson said she started looking into making Ignacio Garraus pay child support, and, being adopted herself, was hurt that he didn't want to be part of his son's life.
"I was adopted and always felt like no birth parent should be separated from their child," Nelson said.
Nelson testified she also broke up with Moore on Jan 22, 2007, the night before the murder, because she wanted to be exclusive with her husband. She said Moore was very upset about the breakup.
Earlier in the day before the prosecution rested, Yvonne Woods, a lab agent with Colorado Bureau of Investigation, testified she prepared the samples from Nelson's clothes and found no blood on any of the items. She also testified she found Nelson's DNA in the mask and shoes. The mask was found in Nelson's truck and she said it was hers from Halloween. The size 10 shoes were found along the road where Nelson was pulled over.
Despite her DNA being in the shoes, Nelson testified she had never seen the shoes before police showed them to her after the shooting.
Gunshot residue also came into play Thursday.
Clothing Shawna Nelson was wearing at the time of her arrest last January, as well as her right hand and face, tested positive for gunshot residue, said Alex Rugh of the CBI.
Rugh testified that Nelson's sweat pants, tank top, sweater, baseball cap, underwear, latex glove, and right shoe tested positive for gunshot residue.
The mask found in Nelson's truck, and her left shoe found along the road did not test positive for gunshot residue, Rugh said.
Rugh said the presence of the residue, which is smaller than a pollen grain, indicates one of three things: The person fired a gun, the person was nearby when a gun was fired, or the person came in contact with the residue and picked it up by transfer.
Under cross examination, Rugh said it could be possible to transfer gunshot residue from an officer or police car if the residue was present, or could be added with a swab.
To watch the trial live click here
The Associated Press contributed to this report.
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February 28, 2008
9:10 a.m.
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buffsblg writes:
Does anyone else find it concerning that apparently a number of people related to law enforcement knew this woman was a ticking time bomb and did nothing. This lady was so far out there that intervention might not have helped, but no one seemed to take any of this seriously. Real cracker jack law enforcement up there.
February 28, 2008
10:01 a.m.
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buffsblg writes:
It does seem like every one up there was thinking with different organs. Lots of ruined lives and apparently no good guys.
February 28, 2008
10:19 a.m.
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Beverley writes:
I wonder how the Nelson children are doing? They don't have much of a chance after living with this trailer trash. Maybe a fresh start in a new city will at least get them away from this awful soap opera. I think that the world will be a better place when Ms. Nelson and her reproductive organs are locked up in a Women's Correctional Facility
February 28, 2008
10:48 a.m.
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momof5 writes:
I keep thinking the same thing. All of these people knew that Shawna hated Heather; thought Heather was standing in her way of a fairytale life with "Ig". I can't believe none of the law enforcement personnel thought that they could all be charged as accessories before and after the fact. None of them thought to warn Heather? What a bunch of losers. And, yes, the world will be a better place when this woman is locked up. But I think she deserves the death penalty. It's obvious this was no crime of passion, in the heat of the moment. She planned it for weeks and discussed it with her friends. Why should the taxpayers of Colorado pay to keep her locked for forever?
February 28, 2008
11:03 a.m.
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hdfresh writes:
I think they need to convict her already. I have not heard one good argument from her defense team to merit that she wasn't there at the shooting.
February 28, 2008
12:13 p.m.
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buffsblg writes:
hdfresh
Sometimes the only choice as a defense attorney is to make the DA prove it. I am sure there was no offer on this case, so the system has to prove the case and the defense has to try to nit pick it. You cannot pick your facts and in this case, they seem pretty strong. However the constitution still applies and she is not guilty until the jury says she is.
momof5: I certainly have no inside information on the decision not to seek the death penalty, but I can say that Colorado juries are very very loath to impose that penalty on white women. I do not believe they have done so in 100 years. The DA may realistically have decided that the low chance of the death penalty did not make the vastly greater expense and complication of seeking the death penalty worth while. Seeking the death penalty would have delayed the trial by one year minimum and required at least two more DAs and three more defense attorneys. As a taxpayer, I can understand the decision.
By the way, every study says that the legal costs of imposing the death penalty always exceed the cost of incarceration. It is cheaper to lock her up and I am fine with the idea of her sitting in a cell for a very long time.
February 28, 2008
12:54 p.m.
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HolierThanThou writes:
The defense has yet to call its first witness. I do not envy them. At this point, their job seems to be nothing more than nitpicking what witnesses for the prosecution said.
What happened to Heather Garraus and the people of this case is a tragedy. Married couples have affairs, this is not a problem that's exclusive to Greeley. But most times, nobody gets murdered.
Taken separately, these witnesses could not take Nelson's threats seriously. None of the witnesses were sharing information with each other on this. We readers have a view of the big picture. They did not.
I would not judge the persons involved in this case as necessarily being "trash". They're ordinary people caught up in tragedy that was initiated by ordinary human weaknesses. It's easy for us to say they should have known better. I reckon they did but that doesn't necessarily lead to prompt self-correction.
When I read about a heinous crime like this, I'm tempted to want to spread the blame around a bit myself. But logic tells me that the woman who committed the murder is the one who bears almost all the guilt.
Her guilt is compounded because she bamboozled so many others into the sordid tragedy and ugliness that now defines her life. It clearly taints those of all her former associates and family. They are in a sad predicament because of the kind of bad thinking that we are all liable to indulge ourselves from time to time.
February 28, 2008
1:59 p.m.
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rmnreader writes:
buffsblg - I have heard that it is more expensive to execute than to lock them up for the rest of their lives however have never heard why? I don't understand how feeding & sheltering someone for possibly the next 40 years (in her case)can be cheaper than executing her? Not disagreeing just wondering if someone can explain that?
She doesn't deserve to be able to see her children grow up - albeit behind bars - Heather didn't. Additionally aren't we letting those committing lesser crimes out early because of overcrowding in most prisons? Seems that problem could be solved by executing some of these overwhelming cases of guilt when they are taking a life.
February 28, 2008
2:38 p.m.
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vudumom writes:
I hope she gets shanked.
February 28, 2008
2:50 p.m.
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buffsblg writes:
rmnreader
There are two parts to the expense. The first is the cost of the attorneys and judge at the initial trial and on appeal. Ms. Nelson is represented by public defenders at state cost. If a person is facing the death penalty that case will primarily fill up two or three lawyers for one to three years before trial ever occurs. There will also be investigators and expert witnesses. The DA's office will also have two or three attorneys, investigators and their own experts. That is 100's of thousands of dollars of state and county money before the case ever goes to trial. If the death penalty is imposed, then there are automatic state appeals followed by post conviction motions followed by more appeals and then once the state appeals are exhausted there are appeals in the federal courts. Each of these has attorneys involved on both sides, usually at government pay. These appeals each involve a judge or judges and the associated costs. All those costs are at state expense. I have heard, for example, that the state paid over $150,000 to the lawyers and investigators that won Tim Master's case and that was not a death penalty case.
The second, much lower, cost is housing. Murderers can be in general population in prison. Death row prisoners are usually help separately in higher security conditions that require more guards and services.
Personally, aside from my concerns about the morality of the death penalty and the much bigger concern about execution of of an innocent person and my even bigger concerns about the unequal racial and gender application of the death penalty, I have been to visit prisons and they are horrible awful punishing places. I kind of like the idea of this woman being in one of them for a very long time.
February 28, 2008
3:59 p.m.
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RDA writes:
Oh .. come on. Shawna is a disgusting, deluded psycho who victimized and destroyed Heather Garraus. Wasn't it bad enough that she had an affair with Heather's husband and then had his baby. But that wasn't enough. She had to kill her. And what about the guilt of this loser "Ig" who slept with this nut. She should have shot Ig and then herself .. and saved us all from going through this low-life drama. She needs to spend the rest of her life in prison. This is crazy and an insane waste of taxpayer money.
February 28, 2008
4:01 p.m.
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elaineb writes:
Law enforcement at its finest!
February 28, 2008
4:01 p.m.
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rmnreader writes:
buffsblg - But in either case of a life term or an execution isn't there likely going to be public lawyers (assuming she cannot offord her own lawyer either way), expert witnesses, investigators and appeals on both sides? With your statement of the 2 or 3 years of lawyers - Are you saying that an execution case will likely last years longer than a life term case? Again not arguing just trying to understand the logic behind the theory....
Housing makes sense although it seems like a 6 of 1 1/2 dozen of the other situation.
I agree with the concern of executing an innocent person however it seems that there should be some cases of overwhelming guilt being an automatic execution such as this appears to be.
My father worked in corrections so I understand that it is by no means a nice place to be however life prisoners adjust to such conditions as well as they can & they still get to live thier lives and see thier children grow up - the victim does not have that option.
February 28, 2008
4:05 p.m.
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elaineb writes:
Shawna is a hog and needs to be slaughtered as such.
February 28, 2008
4:11 p.m.
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Zinnia79 writes:
Trash. What a bunch of despicable idiots. I can't believe how gross and evil Nelson is. Even Jerry Springer is too good for these two pieces of sh*t. Ig is a pathetic excuse for a father and decent human being. He brought this cruel, unfortunate event into his family's lives and indirectly killed his own wife, by proxy.
My heart goes out to Heather's family. May peace be with you.
February 28, 2008
4:14 p.m.
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elaineb writes:
So..wonder if Michelle Moore will now be charged with perjury...since yesterday, she said her and Nelson were not
romantically involved. Or, is Shawna lying (AGAIN!)???
February 28, 2008
4:30 p.m.
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Mtnsjohn writes:
How utterly embarrassing. A flow chart is needed to sort this out and I don't think "love triangle" comes close to explaining it now.
Too bad there can't be a group sentence cause of the numbers of those complicit in the death of Heather.
February 28, 2008
4:35 p.m.
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HolierThanThou writes:
In this afternoon's testimony, Shawna Nelson hung herself with an obvious lie.
She claimed she was standing outside the liquor store looking for her purse. In my experience, either a woman has her purse or she does not. If she does not have her purse, reason suggests that she won't be looking for it while standing on the sidewalk outside a liquor store. It would be in her truck or at home. That's where she'd be looking for it.
Her alibi is pure unadulterated hooey. It makes her look even guiltier than if she claimed total amnesia, which seems to be tactic that she could not quite fully commit to.
Her defense team will now try to nitpick the witnesses. At this point, if they cannot produce a credible confession from another suspect, Shawna Nelson is toast. She'll have the rest of her life to conduct lesbian affairs in prison, think about her crime, and find Jesus.
February 28, 2008
4:36 p.m.
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RDA writes:
This is so sick watching her act as if she didn't murder this woman. She's all caught up in the tiny, pathetic details of her stupid, sad, small, pointless, life: where her house was, who she called, why she had the mask .. she was caught red handed, peppered with gsr, seen in the suspect vehicle, id'd at the crime scene. She made this woman's life hell and then sent her to her grave. I'm sure she'll be right in her element in prison. I wouldn't bee surprised if she got pregnant in prison.
February 28, 2008
4:41 p.m.
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HollyGoLightly writes:
I wondered that too, Elaine. Will the defense pick apart Moore's testimony by calling a witness testify about the romantic affair (if there even is one)? Or will the DA use this testimony to show that Shawna is a master in the art of lying?
February 28, 2008
4:43 p.m.
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ItsJustme writes:
ElaineB - If Moore is lying it wouldn't be just perjury she'd be charged with. She would lose the plea bargain she had that I think keeps her out of prison. Both she and Nelson's husband had to be completely truthful in all their testimony in order to keep their plea bargains. It would be a pretty big risk for her to lie, but she may think it's just her word against Nelson's. I'm more inclined to believe Nelson is lying to try to impeach Moore's testimony, which was pretty damaging.
February 28, 2008
4:46 p.m.
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Beverley writes:
I don't know any police officers. I am left wondering if they all are this lower middle class. I mean, she's talking about eating (dinner!) at Subway and McDonalds and Starbucks. Who ARE these people? Also, it sees to me at one point in the police interview she said she needed to watch her "soaps". I wonder if she is just some pathetic drama queen who believed she was in one of these soaps, including the love affair part.
February 28, 2008
5:30 p.m.
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buffsblg writes:
rmnreader
I understand your questions, but no the costs of preparing, trying and appeals of a death penalty case are many many many times higher than any other case. In this case, if the DA sought the death penalty we would likely still be a year from trial and there would be five to ten times as many motions and hearing. There are a number of special experts for a death penalty case, such as psychologists as to state of mind and investigators to review every piece of evidence as well as to prepare mitigation evidence. Both the public defender and the Attorney General have special teams of lawyers trained to work on death penalty cases, they are so complicated that only very very good attorneys are even certified to work on them for the state.
As to appeals, even on a life sentence there is usually one appeal and done and then maybe a post conviction hearing. That is nothing like the protracted (10 to 20 year) appeals on a death penalty. And remember that whole time we pay to house them anyway. The level of litigation is just so much greater and more intense and the cost therefore increased as well.
February 28, 2008
6:06 p.m.
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forwhatitis writes:
I think Shawna is hot. I'm going to try and become her penpal when she's in prison, then marry her.
February 28, 2008
6:10 p.m.
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analytixman writes:
I used to think the stinky smell of Greeley was the stock yards east of town when I lived there while attending UNC. I now understand it's really just the law enforcement community and this stinking round robin affair environment. To think these people all have access to guns. Shawna is white trash and will be a ward of the state within the week.
February 28, 2008
6:15 p.m.
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analytixman writes:
forwhatitis - she will just two time you. save the heartache!
February 28, 2008
11:05 p.m.
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AC writes:
What I don't get is this: She says she blacked out from leaving the house unitl her phone rang outside the liquor store. If that's true, how can she say she didn't kill her? The killing took place during the period this sociopath claims she can't remember anything. What good is a denial for a period from which you claim to have no memory?
February 29, 2008
7:16 a.m.
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elaineb writes:
ItsJustme...I bet you are right!!