Attorneys ask for reduced bond for Fairfield teens

FAIRFIELD – The defense attorneys for two Fairfield teens argued in court Tuesday their bond should be lowered while they are awaiting trial.

The teens, 16-year-old Jeremy Everett Goodale and 16-year-old Willard Noble Chaiden Miller, are charged with killing Fairfield High School Spanish teacher Nohema Graber, 66, whose body was found Nov. 3 in the city’s Chautauqua Park.

The two boys had separate hearings Tuesday afternoon at the Jefferson County Courthouse, where Eighth Judicial District Judge Joel Yates heard arguments from their respective attorneys, both of whom asked that the boys’ bond be reduced from $1 million to $100,000, and that they be allowed to post a fraction of it instead of paying it in cash. The prosecution resisted the defense attorneys’ request, asking Yates to maintain the $1 million bonds or raise them to $2 million.

Goodale’s attorney, Nicole Jensen of Ottumwa, said the $1 million bond was so high that it amounted to “pre-trial detention without bond, even though my client is not a flight risk.” Jensen said Goodale would be willing to submit to house arrest, GPS monitoring and daily reporting to the Department of Correctional Services. On the issue of whether Goodale was a risk to flee, Jensen argued that her client has lived in Fairfield his whole life, he has family members here, he does not possess a driver’s license and that his passport has expired.

Miller’s attorney, Christine Branstad of Des Moines, made similar arguments during the second hearing, saying there was no reason to think Miller was a flight risk, that he had no ties outside the community, and that his family was here, who could supervise him at all times in addition to the GPS monitoring he would be subject to. She asked Yates to read a 2012 article published in the Minnesota Law Review about the detrimental effects of pre-trial detention on juveniles. Branstad said Miller would not have access to electronics except those necessary for schoolwork.

Assistant Iowa Attorney General Scott Brown argued for the prosecution during Goodale’s hearing, and Jefferson County Attorney Chauncey Moulding argued for the prosecution during Miller’s hearing.

They both asked Yates to review the minutes of testimony from law enforcement that led to the arrest of Miller and Goodale. The evidence includes the investigation of the scene, the result of their search warrants such as obtaining clothing items from Goodale and Miller, and the social media exchanges that the state alleges provide a motive for the killing.

“The investigation in this case has revealed the defendant [Goodale] along with co-defendant [Miller] has engaged in an extremely brutal murder of an innocent person,” Brown said.

Brown said the minutes of testimony detail the planning that went into the act that caused Graber’s death and the treatment of her body after her death, which he also described as “brutal.”

“A high bond in this case is appropriate based on the circumstances,” Brown said.

During Miller’s hearing, Moulding addressed some of Branstad’s arguments, such as the conditions of Miller’s detention. Branstad said Miller was held in a facility where he could not spend time outdoors and where he had limited family contact. Moulding said it was important to note that Miller was being held in a detention facility designed for juveniles and that he was “not in a county jail.”

Moulding acknowledged that Miller had no history of failing to appear in court, but that wasn’t the only thing Judge Yates should consider. He said that, because of the brutal nature of the act that Miller is alleged to have done, there was no level of supervision of him that would ensure the community’s safety.

“GPS trackers can be removed, and pre-trial release officers can’t be present 24/7,” Moulding said.

Moulding added that, since Miller is facing life in prison if convicted, that gives him an incentive to flee.

Brown and Moulding said the Department of Corrections recommended that neither Goodale nor Miller should be released before the trial. When Branstad was given a chance to speak again, she said the Department of Corrections has adopted that posture for all defendants accused of a Class A felony, the highest level of felonies.

Yates said he would study the arguments from both sides and enter a written ruling next week about whether to reduce or increase the bonds.

Seating in the courtroom was limited to family members of those involved in the case and a couple of media outlets. A group of high school students waited outside the courtroom, some of whom said they were there because they knew one or both of the boys.

Fairfield High School sophomore Jorja Haggard said she sat next to Miller in Graber’s Spanish class earlier this school year. She said she got to know Miller a couple of years ago after he transferred into the public school district from Maharishi School.

Haggard said Miller made it clear to his classmates that he disliked Graber’s Spanish class.

“He always talked about how bad the class was inside and outside of class,” Haggard said. “He would take time in class just to argue with [Graber]. He would overreact to the littlest things. He would talk about how stupid Mrs. Graber was because she didn’t teach us a certain word. He gave her a hard time for no reason.”