Shawna Nelson trial Links...

[Pauli]

Trial will be shown live... Starts Feb 22, 2008


http://media.myfoxcolorado.com/live/index2.html

[Pauli]

Prosecution: Murder Suspect Wore Grim Reaper Mask

Defense: Shawna Nelson On Other Side Of Greeley During Shooting

By Lance Hernandez (lance_hernandez@thedenverchannel.com), 7NEWS Reporter

POSTED: 8:40 pm MST February 20, 2008
UPDATED: 10:40 pm MST February 20, 2008

http://www.thedenverchannel.com/2008/0221/15369349_240X180.jpg

FORT COLLINS, Colo. -- Opening arguments are expected Thursday afternoon in the Shawna Nelson murder case.

She's a former police dispatcher accused of shooting and killing Heather Garraus in a Greeley parking lot early last year.

Nelson had an on-again, off-again relationship with Garraus' husband, Ignacio, and gave birth to a son conceived during that affair. Ignacio was a Greeley police officer at the time

At the beginning of jury questioning Wednesday afternoon, prosecutor Clifford Riedel told potential jurors that, "Nelson viewed Heather as an obstacle." He said Nelson wanted Ignacio to leave Heather and to start a new family with her.

But Ignacio wouldn't leave his wife.

Reidel told jurors that Shawna Nelson confided to a friend that she was going to kill Heather Garraus.

"On Jan. 23, 2007, a person dressed in a black gown and grim reaper mask shot and killed Heather," he said. "That person was Shawna Nelson."

But public defender Keven Strobel said Nelson denies that.

He said Shawna Nelson was upset that Ignacio Garraus wanted to terminate his parental rights with their son, but added that she was reuniting with her husband, Ken Nelson, who at the time was a deputy with the Weld County Sheriff's Office.

Strobel said, "On that night (Jan. 23, 2007) Shawna Nelson was on the other side of Greeley driving to a liquor store."

He said Nelson is not and could not be the person who killed Heather Garraus.
More than 130 prospective jurors were summoned to the Larimer County Justice Center for this case.

Attorneys are trying to whittle that number down to 38.
From that group, they will select 12 jurors and two alternates who they think can be fair to both sides.

Although the shooting happened in Greeley, which is in Weld County, the trial is being held in Larimer County, because the suspect's husband had a relationship with an employee in the Weld County District Attorney's Office.

Ken Nelson has since resigned from the Weld County Sheriff's Office, and Ignacio Garraus has resigned from the Greeley Police Department.

Previous stories

February 19, 2008: Trial Begins For Woman Accused Of Love Triangle Slaying (http://www.thedenverchannel.com/news/15339552/detail.html)
November 20, 2007: Best Friend Arrested In Greeley Ambush Slaying Case (http://www.thedenverchannel.com/news/14650061/detail.html)
September 21, 2007: Change Of Venue Possible In Love Triangle Slaying (http://www.thedenverchannel.com/news/14170355/detail.html)
September 4, 2007: Ex-Deputy Pleads Not Guilty To Evidence-Tampering (http://www.thedenverchannel.com/news/14043154/detail.html)
June 20, 2007: Death Penalty Ruled Out In Greeley Ambush Slaying (http://www.thedenverchannel.com/news/13534448/detail.html)
February 27, 2007: Greeley Officer Resigns 2 Months After Wife's Slaying (http://www.thedenverchannel.com/news/11122846/detail.html)
February 14, 2007: Affidavit: Suspect Sent Tell-Tale Texts Before Ambush (http://www.thedenverchannel.com/news/11003582/detail.html)
January 25, 2007: Love Affair May Have Led To Ambush Slaying (http://www.thedenverchannel.com/news/10839952/detail.html)
January 24, 2007: Police Officer's Wife Gunned Down At Credit Union (http://www.thedenverchannel.com/news/10831912/detail.html)





videos
Video: Jury Seated For Trial In Love-Triangle Slaying (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: 911 Tapes Played During Trial (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Prosecutor: Suspect Dressed As Grim Reaper (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Jury Selection Begins (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Trial Set To Begin (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Twist In Greeley Murder Case (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Arrest Affidavit Released (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Nelson To Stand Trial (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Suspect Allegedly Made Threats (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Affidavit Reveals Details (http://www.thedenverchannel.com/news/15361144/detail.html#)
Doc: Moore's Arrest Affidavit (http://www.thedenverchannel.com/download/2007/1121/14655283.pdf)
Doc: Nelson's Arrest Affidavit Part 1 (http://www.thedenverchannel.com/download/2007/0214/11006247.pdf)
Doc: Nelson's Affidavit Part 2 (http://www.thedenverchannel.com/download/2007/0214/11006112.pdf)
Images: Shooting Scene (http://javascript<b></b>:popUp('/slideshow/news/10833933/detail.html','width=1024,height=750,top=0,left=0,s crollbars');)
Video: Deputy's Wife Charged With Murder (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Friends Mourn Woman Killed (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: Community Shocked (http://www.thedenverchannel.com/news/15361144/detail.html#)
Video: DA Feels Confident Enough To File Charges (http://www.thedenverchannel.com/news/15361144/detail.html#)
Raw Video: 911 Tapes (http://www.thedenverchannel.com/news/15361144/detail.html#)

http://www.thedenverchannel.com/news/15361144/detail.html

[Pauli]

1st-degree murder case against Shawna Nelson to start

LARIMER COUNTY - Starting Tuesday prosecutors will begin presenting their first-degree murder case against Shawna Nelson by arguing she forced her ex-lover's wife to kneel outside the Greeley Credit Union before shooting her twice in the head.

If convicted of first-degree murder, Nelson faces automatic life in prison without the possibility of parole.

Custody issues

According to court documents, Shawna Nelson, the former wife of Weld County Sheriff's Detective Ken Nelson, had a longtime affair with Heather Garraus' husband, Ignacio, a former Greeley police officer. That affair produced a son.

The son might have been the subject of a custody battle, and Shawna Nelson wanted Ignacio Garraus to leave his wife so the two of them could live with their son as a family, according to court documents.

Ken Nelson told investigators that Ignacio Garraus was "reluctant to accept custody of the child," and Shawna Nelson had filed documents to terminate his parental rights, according court documents.

A dangerous warning

Five weeks before the murder, Nelson, a Weld County sheriff's office dispatcher, sent an ominous text message to Ignacio Garraus, according to information presented at her preliminary hearing.

"My loyalty is gone," the Dec. 18, 2006, text message read.

Also at that hearing, Greeley police detective Greg Tharp testified that Nelson told a fellow dispatcher that she imagined Heather Garraus' face on the target when she went to the firing range.

A history of threats

According to court documents, Heather Garraus was not the first lover's wife Nelson threatened to kill.

Prior to her affair with Ignacio Garraus, Nelson had an affair with a Weld County sheriff's deputy, and a former co-worker told police she saw an entry in Nelson's journal in which she wrote that she wanted to kill his wife so they could be together, according to court documents.

The same co-worker told police she heard Nelson commenting that she wanted to "get rid of" the wife of another man with whom she was having an affair, according to court documents.

That co-worker described Nelson as "vindictive," as being "one of those people that just can't deal with what she can't have," and said "You really have to walk on egg shells around her."

Others charged

The tawdry tale continued in July when Ken Nelson was arrested and charged with tampering with physical evidence.

The arrest affidavit showed that testing of the bullets found at the crime scene matched his .40-caliber Glock handgun, which was taken by Greeley police the night of the shooting.

Ken Nelson was the first person to contact his wife after the shooting and witnesses said they saw him remove something from her truck. The witnesses presumed it was the keys, but the truck was still running when Greeley police arrived. Ken Nelson is scheduled to go on trial April 7.

The case took another twist shortly before Nelson was originally scheduled to go to trial in late November when her best friend, former Weld County sheriff's deputy Michelle Moore, admitted to knowing of Nelson's plan to murder Garraus and advising her on how to avoid getting caught.

Moore told Nelson to wear gloves and cover her hair to avoid leaving DNA at the scene, to wear a disguise and to pick up the bullet casings, according to Moore's arrest affidavit. Moore also told police about a conversation with Nelson about leaving misleading evidence at the scene, which would include someone else's DNA, according to the affidavit.

Moore, who is charged with conspiracy to commit first-degree murder and attempted first-degree murder, is scheduled to appear March 7 in court in Weld County.

Trial moved

Larimer County prosecutors are handling the case after Weld County District Attorney Ken Buck withdrew his office, citing a brief relationship between Ken Nelson and a deputy prosecutor with the office. Court documents show that Nelson told another co-worker that she would kill the attorney if the woman didn't stop seeing Ken Nelson.

The trial was moved to Larimer County after prosecutors argued it would be hard to find enough jurors in Greeley who did not have connections to likely trial witnesses. Hundreds of people have been listed as possible witnesses in the case.

Larimer County prosecutors also are handling the cases against Ken Nelson and Moore.
http://www.9news.com/news/local/article.aspx?storyid=86602

[Pauli]

Jury selection begins in Nelson murder case
By Monte Whaley
The Denver Post
Article Last Updated: 02/19/2008 05:15:08 PM MST

http://extras.mnginteractive.com/live/media/site36/2008/0218/20080218__NelsonGarraus~p1_200.jpg (http://www.denverpost.com/portlet/article/html/imageDisplay.jsp?contentItemRelationshipId=1833912 ) Shawna Nelson, left, is accused of killing her boyfriend's wife, Heather Garraus, in January 2007. (THE DENVER POST | KATHRYN SCOTT OSLER)

FORT COLLINS — Jury selection in the murder trial of Shawna Nelson went slowly today as Larimer County District Judge Roger Klein interviewed individuals who claimed serving would be a hardship or had knowledge of the case through pre-trial publicity.

Klein had a pool of 132 citizens to choose from and spent much of the day talking to 40 about whether they could serve on the final panel, said Larimer district attorney spokeswoman Linda Jensen.

Klein will talk to 40 more Wednesday. A 12-member jury — with two alternates — may be picked by noon Thursday, Jensen said. Nelson, 36, faces a first-degree murder charge and possible life in prison for allegedly gunning down 37-year-old Heather Garraus in Greeley on
http://extras.mnginteractive.com/live/media/site36/2008/0218/20080218__KenNelson~p1_200.jpg (http://www.denverpost.com/portlet/article/html/imageDisplay.jsp?contentItemRelationshipId=1833911 )
Ken Nelson was a Weld County sheriff's investigator at the time of the killing. He resigned after his wife's arrest and faces a charge that he tried to hide the murder weapon. (Weld County)

Jan. 23, 2007. Nelson, a former Weld County sheriff's dispatcher, had an affair with Garraus' husband — Greeley Police Officer Ignacio Garraus.

Prosecutors claim Nelson killed Heather Garraus after Ignacio Garraus decided to end their affair and not take responsibility for the child he and Nelson had together.

In the "best case" scenario, a jury could be picked by noon Wednesday, said Larimer District Attorney spokeswoman Linda Jensen. At least two weeks have been set aside for the trial, which was moved to Larimer from Weld County over conflict-of-interest concerns.

The murder case has so many tawdry angles that it left many residents in Weld County wondering about the integrity of those sworn to protect and serve.

It began with the execution-style slaying of Heather Garraus, an assistant manager of the Colorado State Employees Credit Union in Greeley, allegedly by Nelson.

The ensuing investigation soon unraveled a tale of illicit sex, jealousy, alleged coverups and threats of murder, all involving members of the Weld County sheriff's and Greeley police departments.

"It's taken a soap opera-like tone," said University of Northern Colorado political science professor Steve Mazurana. "And it's made many people question that maybe there is a lack of discipline in the sheriff's department (and the Greeley police)."

"Sheriff's deputies and police officers have to be purer than pure," Mazurana said. "But these are human beings, and emotions like love and hate can interfere with one's job."

Nelson is married to Weld sheriff's investigator Ken Nelson. The two have separated.

Shawna Nelson, investigators say, was angered that Ignacio Garraus wanted to break off his two- to three-year affair with her and not accept custody of the child born of the affair. She was so angered that she wanted to kill Heather Garraus, prosecutors say.

Nelson allegedly sent threatening messages to Ignacio Garraus including one on Dec. 18, 2006, which said: "I loved u and trusted you and u f... me. Be prepared."

Nelson allegedly plotted with former Weld deputy Michelle Moore to kill Heather Garraus. Prosecutors also are expected to show that Nelson had a pattern of getting into sexual affairs with law officers and then threatening their wives.

Moore faces a separate charge of conspiracy to commit first-degree murder and criminal attempt to commit first-degree murder.

Ken Nelson faces a charge of trying to get rid of the handgun used to kill Heather Garraus.

Both Ken Nelson and Ignacio Garraus have left their respective departments and the state. The prospective witnesses include more than 60 current or former Greeley police officers or Weld sheriff's deputies.

http://www.denverpost.com/ci_8303900

[Pauli]

Opening statements scheduled for today in Shawna Nelson case

David Young,
February 21, 2008

FORT COLLINS -- Attorneys painted two entirely different pictures of murder suspect Shawna Nelson on Wednesday as they sized up the potential jurors who could eventually decide her fate.

In quick statements of the case to potential jurors, attorneys depicted a woman in a jealous rage set to kill her rival on one hand, and on the other, someone who was just out for a jaunt to the liquor store, nowhere near the killing. The statements set the stage for what is to come for the 12 jurors who will eventually decide Nelson's fate as she faces a charge of first-degree murder in the killing of Heather Garraus, 37, in January 2007.

Only a handful of potential jurors were dismissed Wednesday, but Weld District Court Judge Roger Klein said attorneys will present their opening statements today to kick off the expected two-week trial. The trial is being held in Fort Collins because attorneys feared they couldn't get an unbiased jury in Greeley.

Attorneys asked jurors questions ranging from their views on law enforcement to whether people blog.

Both the prosecution and defense attorneys gave potential jurors a short statement of their cases prior to questioning them Wednesday.

Prosecutor Clifford Riedel immediately painted Nelson, 36, as a jealous killer who wore a "grim reaper" mask as she shot Garraus "execution style."

"The person behind the grim reaper mask is the defendant," said Riedel, who added that Nelson, a former police dispatcher, had an affair with Garraus' husband Ignacio Garraus, a police officer, and bore his child. When Ignacio Garraus refused to leave his wife, Nelson became enraged, telling her friend Michelle Moore, 27, she was "dead inside" and "in hell," Riedel said.

When she "couldn't take it anymore," she killed Heather Garraus, Riedel said.

Nelson's defense attorney, Kevin Strobel, told potential jurors a different version of the night's events. He said Nelson was nowhere near Heather Garraus on the night of the shooting. Rather, she was driving to and from the liquor store on the opposite side of Greeley when the shooting occurred at the Colorado State Employee's Credit Union parking lot, Strobel said.

He agreed the affair took place and Nelson had Ignacio Garraus' child. But he said Nelson was upset because Ignacio Garraus wanted nothing to do with his own child -- not because he wouldn't leave Heather Garraus.

"She did not see Heather as an obstruction, but wanted him (Ignacio) to be part of their son's life," said Strobel, who added Nelson was seeking to terminate Ignacio Garraus's parental rights so her husband, Ken Nelson, 45, could become the legal father.

Attorneys focused many of their questions on ethical issues such as affairs, lying and crime.

At one point, a potential juror told Strobel she saw it as his job to prove that Shawna Nelson didn't commit the crime. The juror said it must have been Shawna Nelson who committed the crime because authorities haven't found any other suspects in a year since the shooting.

Strobel asked how it would affect jurors' opinions if Shawna Nelson did not testify. Many potential jurors said it would make her look guilty.

One juror referred to the O.J. Simpson trial in 1995, saying if Shawna Nelson didn't do it, he would like to see her prove it.

Riedel asked possible jurors if they had ever been a victim of a crime or were related to someone who worked in law enforcement. He also questioned if anyone had been convicted of a crime. A few raised their hands.

By the end of the day, Klein excused five potential jurors after speaking with them behind closed doors.

Jurors will return to court today at 8:15 a.m., whereupon attorneys will begin to eliminate potential jurors until they have a panel of 12, and two alternate jurors.

On Jan. 23, 2007, Heather Garraus was shot "execution style" in the parking lot of Colorado State Employee's Credit Union in southeast Greeley, according to arrest affidavits. Shawna Nelson faces life in prison without parole if convicted. She has denied any involvement with the shooting.

According to court documents, Shawna Nelson's husband, Ken Nelson, has been charged with suspicion of tampering with evidence in the murder after witnesses at the scene said they saw him remove something from his wife's truck. Investigating officers indicated it was the gun used in the shooting, according to reports.

Shawna Nelson is accused of planning the shooting in detail with Moore, who is charged with conspiracy to commit first-degree murder and criminal attempt to commit first-degree murder in the case. Moore was once a Weld County Sheriff's Office deputy. Opening statements in the trial are expected today.




TRIAL ATTRACTS NATIONAL ATTENTION

As jury selection in Shawna Nelson's first-degree murder trial winds down and the trial winds up today with opening statements, more spotlights are being pointed at the trial -- literally.

The twisted tale has captured the camera of numerous TV stations. Former police dispatcher Shawna Nelson, 36, is accused of shooting Heather Garraus, the wife of Ignacio Garraus, a Greeley police officer, who Nelson had an affair with. She also bore his child.

Wednesday, Weld District Judge Roger Klein granted permission to TruTV, formerly Court TV, to stream live video of the trial to be broadcast by local television stations online. In addition to the live Internet coverage, TruTV will record the trial for future episodes on its network.

The Oxygen Network will shoot the trial for its show, "Snapped," a series about everyday women who are charged with crimes.

"The idea behind 'Snapped' is the women we profile are not career criminals," said Donna Zudek, "Snapped" series producer. "They could be the average viewer, but something in their life has happened ... Something in their life has snapped."

Zudek said she found out about the Nelson case just days after the murder when a member of Shawna Nelson's family sent her an e-mail.

"We received an e-mail from a person who suggested we look into the case right after it happened," Zudek said. "We read up on the story and have followed it ever since."

"Snapped" is in its sixth season and is one of Oxygen's highest rated shows, said Zudek, who expects Shawna Nelson's trial to air this summer.

"Compared to other cases that 'Snapped' has featured, Zudek said the Nelson case is unique because it does not involve the typical boyfriend or spouse killing a significant other.

"It's not just morbid curiosity. We want to understand people's motives and what makes each and everyone of us tick," Zudek said. "I think people want to hear what she (Nelson) has to say."



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February 20, 2008 - Shawna Nelson trial kicks off with three days of jury selection (http://www.greeleytrib.com/article/20080220/NEWS/798689643)
February 20, 2008 - Jury selection continues in Nelson case (http://www.greeleytrib.com/article/20080220/NEWS/742594862)
February 20, 2008 - Weld County Courts designated a Model Court (http://www.greeleytrib.com/article/20080220/NEWS/95209504)
February 19, 2008 - Weld County Courts designated a model court (http://www.greeleytrib.com/article/20080219/NEWS/241239431)
February 19, 2008 - Selecting jurors in Shawna Nelson case may be a lengthy endeavor (http://www.greeleytrib.com/article/20080219/NEWS/147001292)
February 16, 2008 - Greeley man receives 24 to life for kidnap and rape (http://www.greeleytrib.com/article/20080216/NEWS/577410515)
February 15, 2008 - Greeley man pleads guilty to child abuse (http://www.greeleytrib.com/article/20080215/NEWS/682473433)
February 15, 2008 - Police: Schizophrenic man threatens to stab father (http://www.greeleytrib.com/article/20080215/NEWS/61120704)
February 15, 2008 - Windsor man pleads guilty in mortgage scheme (http://www.greeleytrib.com/article/20080215/NEWS/18700873)
February 14, 2008 - Man accused of gas well fraud appears in court (http://www.greeleytrib.com/article/20080214/NEWS/370319210)
February 14, 2008 - Greeley man pleads guilty to child abuse (http://www.greeleytrib.com/article/20080214/NEWS/340144909)
February 13, 2008 - Man accused of gas well fraud appears in court (http://www.greeleytrib.com/article/20080213/NEWS/51608091)
February 12, 2008 - Judge: Doctors can testify to cause of girl's death (http://www.greeleytrib.com/article/20080212/NEWS/298405387)
February 11, 2008 - New bill could change DUI summons (http://www.greeleytrib.com/article/20080211/NEWS/501852059)
February 9, 2008 - Man pleads guilty in dog attack (http://www.greeleytrib.com/article/20080209/NEWS/878206589)
February 8, 2008 - 62 people ditch jury duty a second time (http://www.greeleytrib.com/article/20080208/NEWS/611658696)
February 6, 2008 - Harassment lawsuit against Firestone in U.S. District Court (http://www.greeleytrib.com/article/20080206/NEWS/368231705)
February 5, 2008 - Students to compete in 2008 Northern Colorado Regional High School Mock Trial Tour... (http://www.greeleytrib.com/article/20080205/NEWS/463374805)
February 1, 2008 - Homicide suspect's wife speaks out (http://www.greeleytrib.com/article/20080201/NEWS/29581993)
January 31, 2008 - Homicide suspect’s wife speaks out (http://www.greeleytrib.com/article/20080131/NEWS/557295909)
http://www.greeleytrib.com/article/20080221/NEWS/724006065

[Pauli]

Experts: Shawna Nelson case in uncharted territory

David Young,
February 17, 2008

It reads like a Hollywood movie script.

A woman has an affair with a man and gives birth to his child. The man returns to his wife, and the woman and her best friend plan to kill the wife. Woman shoots wife, and the big twist -- they are all law enforcement officers with the exception of the victim.

However, this isn't Hollywood, and the shooting of Heather Garraus is very real, as are the allegations of first-degree murder Shawna Nelson faces.

On Tuesday, one of Greeley's most infamous murder trials will begin in Fort Collins, as prosecutors set out to prove that Shawna Nelson shot Heather Garraus on Jan. 23, 2007, in the parking lot of Colorado State Employee's Credit Union, 2505 S. 11th Ave., as police allege.

According to Weld District Court affidavits, former police dispatcher Shawna Nelson, 36,had an affair with Ignacio Garraus, a Greeley police officer, and gave birth to his baby. When Ignacio Garraus ended the relationship in December 2006, Nelson and her friend, Michelle Dawn Moore, 27, meticulously planned the murder of Garraus, according to arrest affidavits.

This type of case is so rare that experts say no hard data exists on love triangles and violent crimes.

Philip Reichel, professor of criminal justice at University of Northern Colorado, said he has seen data on couples who kill a partner, but never anything on couples and a third party committing murder.

According to homicide trends recorded from 1976 to 2005 by the U.S. Department of Justice, 86.7 percent of murders are committed by someone the victim knew, while 3.8 percent of homicides are by boyfriends or girlfriends.

Reichel said, contradictory to the scenario alleged in the Garraus shooting, many murders that include people who know each other occur suddenly and do not involve a gun.

"In this particular case, since it appears the accused started with the intent to commit murder, it makes it different from the run of the mill murder," Reichel said. "It gets into the social physiological state of the individual, as to why they decided to take the route of murder."

Frederic Reamer, a professor in the school of social work at Rhode Island College, has studied criminal cases for more than 20 years and has never seen a case like the Shawna Nelson case.

"There is no hard data on this. I've looked at a lot of homicide data and never seen data broken down that way," said Reamer when presented with Shawna Nelson's case. "The closest I've come is spouse killing a spouse. I've not seen this before."

In Reamer's book "Heinous Crime: Cases, Causes, and Consequences," he presents four patterns in homicide: revenge, retribution, substance abuse and mental illness. He said the allegations in the Shawna Nelson case fit best in the retribution category.

"Retribution is much more calculated, planned and deliberate to get somebody," Reamer said. "To get the current lover or husband, sometimes it is often plotted over time. Sometimes they will hire somebody. It is much more planned and deliberate."

According to affidavits, Moore and Nelson discussed the shooting of Garraus several weeks before she was killed. Court records also indicate Shawna Nelson told Moore, referring to the upcoming shooting, "I've gotta do this," and, "I've gotta give myself some peace."

Moore allegedly told Shawna Nelson to wear a disguise and cover her hair. Police records reveal the two went as far as to discuss possibly leaving someone else's DNA at the scene. Moore also told Shawna Nelson to "muzzle the gunshots and pick up her shell casings," according to the affidavit.

Moore, a Windsor resident, was arrested Nov. 20, 2007, on charges of conspiracy to commit first-degree murder and criminal attempt to commit first-degree murder.

Prabha Unnithan, professor in the department of sociology at Colorado State University specializing in criminology and criminal justice, admits he has never seen any data on a case like the Shawna Nelson case.

"Intimate partner homicide is fairly common," Unnithan said. "The (love) triangle, we don't keep track of it so there are no hard stats."

Unnithan said, based on his extensive knowledge as a criminology expert, this type of case is uncommon.

Regardless of statistics, Unnithan said some universal emotions are at play in the Shawna Nelson case that are seen in most murders.

"There is emotion involved in a lot of homicide cases," Unnithan said. "Jealousy, anger, lust and love. They are common high level emotions, always at play with a lot of these homicides."

WHAT'S NEXT

Shawna Nelson's first-degree murder trial begins 8:30 a.m. Tuesday in Fort Collins District Court 5A. The trial is scheduled to last 15 days.

MORE ONLINE

For an interactive look at who's who in the Shawna Nelson case, go to www.greeleytribune.com (http://www.greeleytribune.com/).

TIMELINE

» Jan. 23, 2007 -- A masked person orders Heather Garraus, leaving work shortly after 6 p.m., to her knees on the parking lot, shouts "You ruined my life," and shoots her in the head. The shooter is seen running to a vehicle parked in an alley and driving away from the scene. Greeley police put out a police bulletin that describes the truck. Within minutes, Weld County Sheriff's Deputy Ken Nelson stops his wife in her pickup in west Greeley, removes something from the vehicle and leaves. Greeley police arrive immediately and arrest Shawna Nelson.

For the next few days, police question several people for their connections to either Shawna Nelson or Heather Garraus. It's revealed through court records that Shawna Nelson and Ignacio Garraus, the victim's husband and a Greeley police officer, had an affair and Shawna Nelson had a child from that affair. At the time of the affair, Shawna Nelson was a dispatcher with the Weld County Dispatch Services. Soon after her arrest, she is transferred to the Larimer County Jail for her protection from other prisoners.

» Jan. 29, 2007 -- Arriving in the courtroom dressed in a jail orange jumpsuit, Shawna Nelson is charged with first-degree murder, and Public Defender Kevin Strobel takes the defense. The courtroom and hallways are crowded with TV cameras and reporters from around the state.

» Feb. 7, 2007 -- The Weld District Attorney's Office hands the case over to the Larimer District Attorney's Office because of a possible conflict of interest in the case. A female deputy district attorney admitted to having a relationship with Ken Nelson while he was separated from his wife. The Greeley police say they will continue to investigate the case themselves.

» March 26, 2007 -- A judge orders all court records of the Heather Garraus case sealed, and the action blocks the news media from following the case through the courts. The victim's husband, Greeley Police Officer Ignacio Garraus, resigns and moves to Florida.

» July, 26, 2007 -- Former deputy Ken Nelson, who had resigned from the department and moved to Walla Walla, Wash., is arrested at his home for investigation of tampering with evidence in the case. Court records show that witnesses said they saw Ken Nelson remove something from his wife's car on the night of the shooting. Through his attorney, Nelson "steadfastly denied" any involvement in the case. Ken Nelson is brought to Greeley, charged in the case, then returns to Washington on bond.

» Nov. 20, 2007 -- A third suspect, Michelle Moore, 26, of Windsor is arrested on conspiracy charges in the case. Court affidavits state she -- as Shawna Nelson's best friend -- helped plan the killing of Heather Garraus, including advising Shawna to wear a mask and to leave someone else's DNA evidence at the scene. Moore also is accused of helping with an alibi. Moore is also being held in the Larimer County Jail. Moore, a former Weld sheriff's deputy, is arrested at the home of her boyfriend, a Greeley police officer living in Windsor.

» Nov. 21, 2007 -- Although Shawna Nelson's trial was scheduled to begin at the end of November, it is delayed until Feb. 19 because of the arrest of Moore.

» Feb 19, 2008 -- The trial of Shawna Nelson is scheduled to begin in Larimer District Court.

http://www.greeleytrib.com/article/20080217/NEWS/724994484

[Pauli]

Opening statements in Shawna Nelson trial could come this morning
BY SARA REED

Opening statements in the first-degree murder trial of police dispatcher Shawna Nelson could come as soon as this morning. Nelson faces one count of first-degree murder for the Jan. 23, 2007, execution-style shooting of Heather Garraus, the wife of a Greeley police officer with whom Nelson was having an affair. The affair produced a child, but Ignacio Garraus ended the relationship and was reluctant to accept custody of the child, according to court documents.

Attorneys spent the afternoon asking in-depth questions of 38 potential jurors, including whether they or a family member had ever been the victim of a crime, convicted of a crime or if they would make any conclusions about the case if Nelson did not testify.

Five of those jurors were dismissed, including 33-year-old Fort Collins resident Karen LaSelle, who said she wouldn't be able to find care for her two young children if she was picked for the jury.

"I would have liked to have served," she said. "I'm a 'Law & Order' junkie and think it would have been really interesting."

Prior to questioning jurors Wednesday afternoon, Larimer Assistant District Attorney Cliff Riedel and defense attorney Kevin Strobel were allowed to make brief introductions to the jury about what the facts of the case would show.

Nelson saw Heather Garraus as the obstacle standing between living as a family with Ignacio Garraus and their son, Riedel said.

Strobel, however, said, "She did not see Heather Garraus as an obstacle."
Nelson was trying to get on with her life and was on the other side of Greeley when the shooting occurred, Strobel said.

Nelson allegedly planned the murder with former Weld sheriff's deputy Michelle Moore's help. Moore, Nelson's best friend, is charged with conspiracy to commit first-degree murder and attempted first-degree murder for allegedly telling Nelson how to not get caught.

Nelson's husband, former Weld County sheriff's investigator Ken Nelson, faces one count of tampering with physical evidence for allegedly taking the gun used to kill Garraus out of Nelson's truck. Ken Nelson stopped his wife's truck about 15 minutes after the shooting.

The Larimer County District Attorney's Office is handling the cases after Weld County District Attorney Ken Buck withdrew his office because of a relationship Ken Nelson had with a deputy prosecutor in the office.

Nelson's trial was moved to Larimer County after prosecutors argued that it would be difficult to find jurors who did not have connections to the more than 300 potential witnesses in the case.

http://www.coloradoan.com/apps/pbcs.dll/article?AID=/20080221/NEWS01/802210362/1002/CUSTOMERSERVICE02

[Pauli]

Jury in Shawna Nelson murder trial hears 911 tape
BY SARA REED

Prosecutors in the first-degree murder trial of police dispatcher Shawna Nelson played the 911 call for the jury this afternoon from the night Heather Garraus was shot.

In the call, made about 6:15 p.m. Jan. 23, 2007, Brad Mitchell is heard, panic in his voice, telling the dispatcher that someone had been shot in the parking lot of the Colorado State Employees Credit Union, where he and Garraus worked. The two, along with three other co-workers were walking out of the credit union, 2505 11th Ave., when the shooting occurred.

There's too much blood,” Mitchell said when the dispatcher asked him to do CPR while other people could be heard screaming and crying in the background. “There’s blood everywhere.”

The first witness to take the stand Thursday, Mitchell told jurors that right before the shooting, he heard someone say “you ruined my life, get on the ground.”

Nelson faces one count of first-degree murder in the Jan. 23, 2007, execution-style shooting of Heather Garraus. Nelson had a longtime affair with Garraus’ husband, former Greeley police officer Ignacio Garraus, and had a son by him.

Nelson, a former Greeley police dispatcher who was married at the time to a Weld County sheriff’s deputy, allegedly forced Garraus to her knees in the parking lot outside the Greeley credit union where Garraus worked and shot her twice in the head.

http://www.coloradoan.com/apps/pbcs.dll/article?AID=/20080221/UPDATES01/80221046

[Pauli]

Shawna Nelson trial sure to bring drama
By Jon Pilsner
The Reporter-Herald

The upcoming trial of Shawna Nelson promises to expose at least one thing: a complex web of an alleged love triangle, extramarital affairs and murder.

It also could serve as a distraction for law enforcement officials in Weld County, because the trial is connected to former officers in the Greeley Police Department and the Weld County Sheriff’s Office.

Nelson, a former police dispatcher, is accused of shooting and killing Heather Garraus in January 2007.

Nelson’s family said she had a three-year affair with Garraus’ husband, Ignacio Garraus, a former Greeley police officer, and had a son by him.
Nelson’s husband, Kenneth Duane Nelson, is a former Weld County sheriff’s deputy.

Combine all those connections, and the three-week trial, which begins Tuesday, could put local law enforcement into a new position — with emotional ties to both the accused and the victim.

“I don’t think anyone is going to be fixated,” said Weld County Sheriff John Cooke. “They’re going to follow it like any other high-profile case.
They knew them, so they’re going to follow it because of personal connections, but they’re not going to be fixated.

“Any time a friend or an ex-friend is like that, you want to see what’s going on and what’s going to be said.”

The trial will be handled by the 8th Judicial District Attorney’s Office in Larimer County.

Prosecutors had asked Weld District Judge Roger Klein to move the trial out of Weld County, saying it would be hard to find enough jurors in Greeley who did not have connections to likely trial witnesses. And defense attorneys argued that Nelson couldn’t get a fair trial in Greeley because of publicity about the case.

The trial promises to bring plenty of media attention and captivating front-page drama.

And there are plenty of other story lines to deal with.

Kenneth Nelson is charged with tampering with evidence and being an accessory to someone charged with a crime. His jury trial is scheduled shortly after his wife’s, on April 7. http://imagec05.247realmedia.com/RealMedia/ads/Creatives/default/empty.gif/0 (http://oascentral.timescall.com/RealMedia/ads/click_lx.ads/reporterherald/news-story/1225947377/Middle/default/empty.gif/44414a7a4330652b492b734142556158)

Michelle Dawn Moore, Shawna Nelson’s friend, is charged with conspiracy to commit first-degree murder and attempted first-degree murder.

She is not scheduled to be arraigned until March 7, however, and is out of jail on a $50,000 bond.

“I really think there are two different schools of thought,” said Jerry Garner, Greeley police chief. “One, a number of the employees know some of the participants, some of the principals in this case, so on their part there’s some interest in the case.

“The other point I’ve heard is that people are exhausted about the case and looking at it as, OK, are we going to hear this ad nauseam, all Shawna, all the time? They’re tired of it, and they don’t want to hear about it anymore.”

Larimer County Sheriff Jim Alderden said he would hope that, had a similar situation involved his department, everyone would understand that it didn’t represent the department.

“It involved a family member, and I think we need to be respectful of that and recognize that it isn’t a department issue,” Alderden said. “I would think our employees would be supportive of each other and try and help them with the situation.

“Certainly it would be a distraction to the agency; how could it not be? But one of the things we have here is a very strong support group.”

Support is something Loveland Police Chief Luke Hecker is a big believer in, although he believes it would start at the top — in his office — and then he would ensure it trickled down to the rest of the department through the command structure.

Were he facing a similar situation in his department, Hecker would make sure he and the leaders of each division were very visible for their staff, no matter what happened.

Just as there are so many complexities in the case itself, so too there are complexities in how to handle all the emotional excess that builds — and has been building — outside the courtroom.

“It’s a point of interest, so I’m sure some officers are going to follow it closer than others,” Cooke said. “But most officers just wish it would be over with.”

http://www.reporterherald.com/news_story.asp?ID=14992

[Pauli]

Shawna Nelson Trial Blog: Jury Seated

By Lance Hernandez (lance_hernandez@thedenverchannel.com), 7NEWS Reporter

UPDATED: 4:47 pm MST February 21, 2008

FORT COLLINS, Colo. -- posted at 2:35p.m.
First witness called to the stand is Brad Mitchell, an employee of the credit union where the victim worked. He rela ted how he, Heather Garraus and several other employees were leaving work the night of January 23, 2007 when they saw someone wearing black approach. He said the individual said "You've ruined my life, get on the ground." He said that's when I heard two shots go off."

Prosecutors then played a tape of the 911 call. It was a frantic plea for help

posted at 2:01p.m.
Prosecutor Gregory Lammons told jurors that witnesses at the credit union where the shooting took place, saw a figure dressed in black from head to toe. He said after the shooting, police found a black mask under the seat of the suspect's pickup, and that the mask had Shawna Nelson's DNA on it.

Lammons said a witness who was a good friend of Nelson's will tell them that the suspect confided in her that she wanted (Garraus) dead, and that she would shoot Garraus and try to leave false clues.

Public Defender Annette Kundelius told jurors that Shawna Nelson did not kill Heather Garraus. She said we don't know who did, but it couldn't have been Shawna.

Kundelius said someone called the credit union and complained about their loan being denied. She said officers never asked for a list of people who had been denied a loan. They never followed up that angle of the investigation, and focused only on Nelson.

posted at 12:51p.m.
Spoke with two people who were not selected for jury duty.

When asked what it was like sitting through three days of jury selection, Virginia Crawford said, "Well, I feel it's a real responsibility as a citizen to be available for jury duty. It would have been an honor to have been selected."

Richard Price told me, "I would have (served) but I really didn't want to. I would have just because I would want somebody to do it for me if I was charged with a crime."

Posted at 11:57 a.m.
Jury is seated and sworn in. Judge instructs them to not discuss the case with anyone. Also to not read or view stories about this case.
Remaining potential jurors are dismissed. They break for lunch.

Opening statements scheduled after instructions at 1:15.

http://www.thedenverchannel.com/news/15366053/detail.html?rss=den&psp=news

[Details]

That Snapped show sounds like a murderer's apologist group - anyone know if that's what it is? Awww, poor ordinary women who just Snapped!

[StoneFox]

Trial will be shown live... Starts Feb 22, 2008


http://media.myfoxcolorado.com/live/index2.html


I would like to add a BIG THANK YOU to Marc Sternfield at KDVR Fox 31
Denver for getting us a video stream to watch the trial live.

:happy0207: Katy

[Cat]

Brad Mitchell, who worked with her, was on the stand today.

http://www.myfoxcolorado.com/myfox/pages/Home/Detail?contentId=5846000&version=11&locale=EN-US&layoutCode=TSTY&pageId=1.1.1

Katy, would you like to make a thread for tomorrow for us? Thanks for your work on this.

[StoneFox]

Brad Mitchell, who worked with her, was on the stand today.

http://www.myfoxcolorado.com/myfox/pages/Home/Detail?contentId=5846000&version=11&locale=EN-US&layoutCode=TSTY&pageId=1.1.1

Katy, would you like to make a thread for tomorrow for us? Thanks for your work on this.


Sure Cat. I'll set one up for us to post on.

[KittyMom]

Dang! This is like a soap. They're all sleeping around, having babies, killing...and we have to wait another day to see what happens next.

[Pauli]

Testimony Begins in Love Triangle Murder Case

Last Edited: Thursday, 21 Feb 2008, 7:15 PM MST Created: Thursday, 21 Feb 2008, 3:58 PM MST


By CHARLIE BRENNAN, Reporter

FORT COLLINS -- “You ruined my life. Get on the ground.”


Those are the words the robed, masked figure who fatally shot Heather Garraus execution style uttered before pulling the trigger twice in the parking lot of a Greeley credit union, according to the first witness called Thursday in the first-degree murder trial of Shawna Nelson.

Brad Mitchell, who worked with Garraus, 37, was leaving work the night of Jan. 23 with Garraus and two other employees of the Colorado State Employees Credit Union, since renamed the Credit Union of Colorado.
Mitchell saw the shooter was wearing a near full-length dark robe, and a mask that obscured the assailant’s face.

“The mask was all black. You couldn’t see into it, but you could see out of it.”

Moments after two shots were fired into Garraus’s head, Mitchell saw the shooter running away. Mitchell said he could tell the figure was “a heavy-set woman,” with “a very feminine run. She kind of waddled.”

Moments later, he called 911 from his car in the parking lot. The 911 dispatcher urged him to try to perform CPR on Garraus, who lay unmoving on her side where she fell in the downtown Greeley parking lot. He couldn’t do so.

“There was too much blood,” he testified Thursday afternoon. “It was everywhere.” A jury of seven men and seven women was seated at mid-day Thursday, after two-and-a-half days for the selection process. The trial, which was moved to Larimer County to Weld County due to heavy pre-trial publicity, is expected to last into the first week of March.

It has attracted national attention, because the slaying was allegedly committed by Nelson, a former police dispatcher, married to a Weld County Sheriff’s deputy, and who had carried on an affair for more than two years with the victim’s husband, Ignacio Garraus, a Weld County police officer.

Shawna Nelson’s husband, Kenneth Nelson, who is no longer a sheriff’s deputy, has since been charged with tampering with evidence. Her best friend Michelle Moore, also a former Weld County sheriff’s deputy, is charged with conspiracy to commit first-degree murder, for her failure to report plans Shawna Nelson allegedly shared with her about the crime she was planning. Moore and Kenneth Nelson are both expected to testify against Shawna Nelson.

http://www.myfoxcolorado.com/myfox/pages/Home/Detail?contentId=5846000&version=11&locale=EN-US&layoutCode=TSTY&pageId=1.1.1

[Pauli]

CO Dep. Nelson's wife Shawna headed to trial for murder
http://youtube.com/watch?v=798mbdmqM_E

[StoneFox]

Trial will be shown live... Starts Feb 22, 2008


http://media.myfoxcolorado.com/live/index2.html

Here is another link to live trial coverage. It was posted by KelliP on the other thread. Thank you KelliP!

For those looking for a better sized video window try this.... it will open in Windows Media Player

http://mfile.akamai.com/25243/live/r...739.asx?prop=n (http://mfile.akamai.com/25243/live/reflector:23739.asx?prop=n)

[awakening2lite]

Nelson Friend: 'She Had to Get Rid of Her'

http://www.myfoxcolorado.com/myfox/pages/News/Detail?contentId=5886753&version=6&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

Last Edited: Wednesday, 27 Feb 2008, 9:29 AM MST
Created: Tuesday, 26 Feb 2008, 6:38 PM MST
Michelle Moore testifies in the first degree murder case of her friend Shawna Nelson. February 26, 2008.

By CHARLIE BRENNAN, Reporter

FORT COLLINS - The best friend of Shawna Nelson told jurors Tuesday that the former police dispatcher had discussed with her in advance detailed plans of how she planned to murder her romantic rival, Heather Garraus.

Michelle Moore, 27, did so after earlier in the day accepting a plea calling for a reduced charge of accessory to a crime, in return for her prosecution testimony in Nelson’s first-degree murder trial.

That guilty plea will not be formally entered until a hearing set for March 7, according to her attorney.

In lengthy testimony Tuesday afternoon, Moore said that she sat in a truck the night before the Jan. 23, 2007 at a WalMart parking lot and heard Nelson say “that she had to get rid of her. She had to do it. She was in hell, and she didn’t want to live like this anymore.”

Other comments Moore attributed to Nelson in the days and weeks leading up to Garraus’s death were that she “was going to get rid of Heather,” and, “If she can’t have him, nobody could.”

“Him” was a reference to Ignacio Garraus, the Greeley police officer with whom Nelson had carried on affair for more than two years, before Ignacio Garraus ended it five weeks before the slaying.

Also, jurors heard Moore talk about several incidents of harassment against Heather Garraus that she had seen Nelson carry out, or that Nelson had asked her to perform.

That included, she said, an incident in which Nelson asked Moore to cut the brake lines on Heather Garraus’s car. She pretended to do so with a pair of wire cutters, Moore said, but actually left the vehicle unscathed.

Moore said that the day before the murder, Nelson had told her that the code indicating the murder had taken place would be that she was “taking a bath.”

At 3:21 p.m. the day of the shooting – about three hours before it occurred – Moore received a call from Nelson. In that conversation, Moore said, Nelson said “She was going to relax and take a bath.”

Little more than three hours later, Moore heard from her boyfriend, a Greeley police officer, that Heather Garraus had been shot.

Asked on the witness stand Tuesday if she ever took steps to tell authorities about what Nelson had planned, she said, “No, sir, I didn’t believe her.”

Moore, Weld County Sheriff’s deputy from Windsor, also told the jury that Nelson, 36, laid out in advance for her the specifics of her plan to kill Heather Garraus – that it would be done with a gun, as Garraus left work, and that she would wear a disguise and leave behind misleading evidence. That is, in fact, exactly how police believe the slaying occurred.

MyFOXColorado.com is providing live gavel-to-gavel coverage of the Nelson trial.

Moore had originally been charged with conspiracy to commit first-degree murder, a class-two felony for which she could have been sentenced to up to 48 years in prison, upon conviction.

Accessory to a crime is only a class-four felony, and the deal she accepted Tuesday before Weld County District Judge Roger Klein calls for a sentence not to exceed nine years.

Testimony in the Nelson trial and her arrest affidavit state that Moore was interviewed by police investigating Heather Garrous’s murder twice in January 2007, and again in June 2007. On each occasion, Moore claimed not to have significant information about the execution-style shooting.

However, Greeley Detective Greg Tharp told jurors Monday that on Nov. 8, 2007 – just before Nelson’s trial was originally set to begin – Moore called police, unsolicited, to ask about what potential sentence her girlfriend was facing. Moore also asked Tharp about the strength of the case against Nelson, he said.

In that November conversation, Tharp testified Monday, “I indicated that there was more that she probably needed to tell us.”

She did so. According to Moore’s arrest affidavit, Moore eventually told investigators that Nelson started talking about plans to kill Heather Garraus as early as the fall of 2006.

Jurors have already heard extensive testimony about an almost three-year affair between Nelson and Ignacio Garraus. Heather Garraus found out about the affair Dec. 16, 2006, and Ignacio Garraus went on to confess many details of the romance, including that it has produced a baby boy in March 2006, Christian.

Two days later, Ignacio Garraus told Nelson that he was severing all contact with her, and would be staying with his wife.

In reaction to that rejection, Moore has told police – and is expected to tell jurors today – Nelson concocted a plan to disguise herself, ambush 37-year-old Heather Garraus as she left work at the Colorado State Employees Credit Union, and shoot her to death. That is exactly the way the slaying went down, Jan. 23, 2007.

Preceding Moore to the stand Tuesday, jurors heard from Ken Nelson, Shawna Nelson’s estranged husband – also a former Weld County Sheriff’s deputy. He outlined the events of the day leading up to Heather Garraus’s slaying, and the traffic stop he participated in, which concluded with his wife’s arrest.

Ken Nelson, who now lives in Washington state and is divorcing his wife, dropped no bombshells under direct examination. However, when he and a fellow member of the Weld County Regional Drug Task Force intercepted Shawna Nelson near their home less than 15 minutes after the shooting, he contradicted previous testimony of a passing driver who claimed to see a man approach the driver’s side of the Ford pick-up Shawna Nelson had been driving and remove an unidentified item.

“I never went to the driver’s side of the vehicle,” Ken Nelson testified. That vehicle, a Ford F-250 truck, was actually his own. Shawna Nelson was driving that when she was stopped; Ken Nelson, who’d pulled in front of her to stop her -- after hearing her name aired as a suspect in the Garraus shooting only a few minutes earlier -- was traveling at the time in a Jeep Cherokee assigned to the drug task force.

Ken Nelson did, however, say that when he looked inside the pick-up during the traffic stop, he spotted a mask on the passenger-side floor. He’d never seen such an item in his truck before. He picked it up, he said, inspected it briefly, then set it back down before leaving for the couple’s home nearby, to check on his kids.

Descriptions of the shooter who put two rounds in Heather Garraus’s head after ordering the woman to her knees state that the assailant was dressed in a long dark robe or gown, wearing a hooded mask.

Ken Nelson also testified about his reaction when first hearing that police dispatchers were broadcasting his wife’s name as the Heather Garraus shooting suspect.

“I initially thought one of the detectives was trying to be funny,” Ken Nelson said. “Then, they broadcast it again.”

Asked what his first thoughts were upon hearing again that his wife was being sought, Nelson told jurors his initial thought was of his kids – a son and daughter, plus the infant boy fathered by his wife and Ignacio Garraus, whom the Nelsons were raising as their own.

“I thought they were dead,” said Ken Nelson, wiping an eye.

Nelson also testified at length about the firearms that had come into – and left – his possession in the time leading up to the Garraus murder. Ken Nelson, a firearms instructor for the sheriff’s department, said he purchased a Glock 27 .40 caliber handgun in mid-2006, for Shawna Nelson.

“She said she wanted to get involved in shooting, again,” Ken Nelson testified. He gave Shawna Nelson, that weapon, he said, but she later told him she had sold it to a man outside a Loveland pawn shop, and he never saw it again after that time.

The suspected murder weapon in the Heather Garraus case has never been found.

Prosecutors chose not to pursue the death penalty against Shawna Nelson. If she is convicted of first-degree murder, she would be sentenced to life in prison with no chance for parole.

The Nelson trial was moved to Larimer County from Weld County, due to concerns that it would be highly difficult to select an impartial jury in Greeley. The case opened with jury selection Feb. 19, and is expected to conclude sometime next week.

[awakening2lite]

http://www.myfoxcolorado.com/myfox/pages/News/Detail?contentId=5903227&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

Jurors Hear Shawna Nelson Jailhouse Phone Call
Last Edited: Thursday, 28 Feb 2008, 11:30 AM MST
Created: Thursday, 28 Feb 2008, 11:30 AM MST
Shawna Nelson in court. February 28, 2008.
SideBar

By CHARLIE BRENNAN, Reporter

FORT COLLINS -- The Shawna Nelson jury Thursday heard the recording of a jailhouse phone call made by the defendant to her husband not long after Heather Garraus's murder, in which her spouse sounds as if even he doesn't believe in her innocence.

In the Jan. 29, 2007 conversation, just six days after Garraus was gunned down in the parking lot of her Greeley credit union as she left work, Shawna Nelson asks her husband what he has told their children about her arrest.

"That Mom was messed up in her head, and made some bad decisions and somebody died...Everybody I talked to said to tell the truth," said Ken Nelson, at that time a Weld County Sheriff's Deputy.

He added that their 10-year-old son's first reaction was to say "That hag, Heather. How come she just couldn't let them be friends? First thing he said."

Shawna Nelson had carried on a nearly-three year affair with Heather Garraus, 37 - the relationship had produced a baby boy, Christian, who the Nelsons were raising as their own. But on Dec. 16, 2006 - five weeks before Heather Garraus was killed by two rounds shot in her head at close range - Heather Garraus had discovered the affair. On Dec. 18, 2006, Igancio Garraus had told his wife everything about the affair.

Two days later, on Dec. 18, 2006, Ignacio Garraus had told Shawna Nelson that he was recommitting to his marriage, would stay with Heather Garraus, and that he wanted no more contact with Shawna Nelson. Shawna Nelson was still living with her husband, Ken Nelson, at that time.

Another incriminating passage in the Jan. 29, 2007 conversation between an imprisoned Shawna Nelson and her husband concerned a key piece of evidence - the black hooded Halloween mask that witnesses described the shooter wearing, which matched a Halloween mask found on the floor of the Ford F-250 pick-up truck Shawna Nelson was driving at the time of her arrest15 minutes after the slaying. The truck belonged to Ken Nelson, and prosecutors believe Shawna Nelson drove it to and from the murder scene to avoid being seen driving her own white Ford Expedition bearing a distinctive dragonfly sticker.

"My attorney asked me about that mask that was in your truck," Shawna Nelson was heard telling her husband. "That's been in there since Halloween. I just used it the other night to scare Michelle" Moore, her best friend.

"I don't remember seeing a mask," Ken Nelson responded, seemingly in pointed fashion.

She quickly countered, "The other day when I went to pick up Michelle, we were jacking around with it...I went ‘Boo,’ like an idiot."

Michelle Moore, who has already testified in the trial - she has agreed to plead guilty to accessory to a crime, for failing to share with police her advanced knowledge of what Shawna Nelson allegedly planned to do - gave no testimony about ever being scared by Shawna Nelson in a mask. In fact, Moore admitted discussing with Shawna Nelson that if Shawna Nelson murdered Heather Garraus, she'd likely want to wear a disguise.

Also in the 15-minute call, monitored and recorded by Weld County corrections officials, Shawna Nelson offered her husband a version of events concerning the night of the murder. It's a version that centers on her lack of clear memory.

Shawna Nelson said it was been remarked to her by someone else that "When you are under a lot of stress, sometimes you black out. And I've been blacking out, a lot."

Recently, she told her husband, "I woke up in the shower with my clothes on, and I didn't know how long I'd even been in there."

Shawna Nelson's alibi for the time of the murder is that she had drawn a bath, and then quickly decided to drive first to a nearby liquor store. She claims to have left her kids at home, driven to the store, realized she'd forgotten her purse, then turned around and started for home before running into the traffic stop leading to her arrest. Her husband was one of the officers participating in that traffic stop.

Of that night, Shawna Nelson told her husband, "I remember sitting in front of College Green liquor and not knowing I got there." Moments later, she said, "I don't know, Ken. I don't remember anything."

But Greeley Police Detective Mike Prill, who had introduced the Jan. 29 recorded call to jurors, went on to say there were numerous other recorded calls in which Shawna Nelson's story changed.

"I believe by February 18th, she apparently abandoned and stopped stating that she lost recollection," Prill said. In a call to her sister, Deb Smith, he said that Shawna Nelson "speculates that what she remembers (the errand to the liquor store) is possibly all that happened, and then follows this up with basically stating she wasn't raised this way, so the accusation can't be true."

In succeeding calls, Prill said, Shawna Nelson started pointing the finger at others as the possible shooter, including Ken Nelson or Heather Garraus's husband, Ignacio, who was at that time a Greeley Police officer but has since resigned and moved to Florida.

The jurors also heard more about the Halloween mask - specifically, that Shawna Nelson's understanding of its origins changed as she languished in jail.

Prill said that in recorded conversations later in 2007 with others, "She affirmed that she had purchased the mask," and had done so with Ignacio Garraus.

In a March 2nd or 3rd conversation in 2007, Prill said, "She is certain Ignacio knows the mask is in the truck, and has access to that truck."

Another bad development for Shawna Nelson came when a Colorado Bureau of Investigation expert on gun shot residue testified that the ball cap, sweater, sweatpants, underwear, a glove and a shoe that Shawna Nelson was wearing at the time of her arrest showed signs of gunshot residue. Her face and right hand showed the presence of the same trace evidence.

He admitted, however, that that was not 100 percent confirmation that the person had fired a gun. It was possible, he said, that gun shot residue could be present if a person was near a gun that someone else fired, or could end up on a surface - clothes or skin - through a secondary transfer

The prosecution is expected to rest later Thursday. And, with the defense planning a very brief presentation of its own evidence, the case could well be in the hands of jurors by Friday.

Shawna Nelson, 36, has pleaded not guilty. If she is convicted of first degree murder, she could be sentenced to life in prison without parole, since prosecutors elected not to seek the death penalty. Ken Nelson is changed with tampering with evidence, is free on bond, and is to stand trial later this year.