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Jurors Deliberate Murder Suspect's Fate In Love Triangle Case

Prosecutor: Case Was About Greed, Not Monetary Greed

POSTED: 11:46 am MST February 29, 2008
UPDATED: 8:44 am MST March 1, 2008

Prosecutors wrapped up their case against murder suspect Shawna Nelson with a powerful closing argument Friday.

Assistant Larimer County District Attorney Clifford Riedel told jurors, "This case is about greed, but not monetary greed."

Riedel said, "Heather Garraus had something that was so important to (Shawna) that she was willing to kill to get it."

The prosecutor added, "The thing that Heather Garraus had that was so important to the defendant, more important than life itself, was something that you and I, ladies and gentlemen, may think was worthless. And that's Ignacio Garraus."

Shawna had carried on a nearly three-year affair with Ignacio, and bore his child. When Heather learned about the affair she was deeply hurt.

Shawna claims she wanted Ignacio to reconcile with Heather and to try to make things work. On Friday morning, prosecutors asked her about a text message she sent to Ignacio with a picture of her son, Christian. The text said: "Ig's flesh and blood." The picture was forwarded to Heather.

"Was this part of your effort to help them reconcile?" asked prosecutor Gregory Lammons.

"No. that was just a dig at Ig," Shawna responded.

Lammons asked Shawna if she remembered a conversation with a man at a bar whom she hardly knew. She told him she was having an affair and that she had a child with a married man.

"Do you remember him asking how could you lead a double life?" Lammons asked.

"No, I don't," the suspect responded.

"Do you remember telling him, 'Because I'm a really good liar?'" Lammons asked.

"No, I don't," the suspect repeated.

Defense counsel told jurors that Nelson did not kill Heather. He said she was on the other side of town when the victim was shot. Kevin Strobel said there is no evidence linking Shawna to the crime. No gun was found in her truck and no blood or hair was found on her clothing, he said.

Strobel said the gunshot residue investigators found on her hands, face and clothing likely came from the inside of Ken's truck, which was frequently used to go hunting or to the shooting range.

Strobel said Greeley police didn't do a good job investigating this case.

"They reached a conclusion that Shawna Nelson was guilty. They did not investigate any other possibility," Strobel said. "That's advocacy."

Strobel also said there were numerous conflicts of interest in this case. He said the victim was married to a Greeley police officer who was having an affair with a former Weld County sheriff's dispatcher who was married to a Weld County sheriff's deputy.

He said the people investigators had to interview to learn about the tangle of relationships were other officers and their own colleagues.

He questioned whether Ignacio Garraus, Ken Nelson or Michelle Moore had motives to kill Heather.

"We don't know," he said.

He added that Michelle Moore, who at one time was Shawna's best friend, was not credible. He said she lied to Shawna, lied to investigators and lied to jurors. Moore told jurors that Shawna had talked about killing Heather and leaving other evidence to confuse investigators.

"Did Michelle Moore have a motive to get back at Shawna Nelson?" Strobel asked. "I think so. Did they investigate that? No."

Shawna claims she had a lesbian affair with Moore, and then dumped her a day before the shooting.

"If you want to believe the defendant," Riedel rebutted, "then you have to believe that Michelle Moore is facing nine years in prison (for accessory to murder) simply because the defendant no longer wanted to be her lesbian lover."

"The investigation goes where the evidence leads," Riedel said, as he pointed toward the defendant. "And the evidence leads right there."

Riedel said when Nelson was questioned by Greeley police detective Greg Tharp and asked if she knew who the victim was, she said no. When Tharp told her it was Heather, she just sat there and sighed.

"What wasn't there?" Riedel asked. "'I didn't do it! Oh my God, Ig's wife was murdered? Oh no! No, I didn't do it, I swear.' Was there any of that? No, she just (attorney tilts head and stares)."

Riedel reminded jurors about the tire tracks left in the alley behind the credit union where the shooting took place. He said the tracks matched a tire on the suspect's pickup right down to a rock stuck in the tread.

He also talked about shoes.

Nelson wasn't wearing any when she was stopped. She claims she left the house in a hurry to go to the liquor store.

But Riedel said shoes found near where she was stopped contained her DNA, and some gunshot residue.

The defense said the shoes weren't Shawna's and didn't fit, but prosecutors believe otherwise.

"Why weren't the shoes with her?" Riedel asked, "Because she saw her husband and Kell Hulsey approaching.”

He said she hit the button for the passenger window and threw the left shoe out first.

"Her right shoe was still on the gas pedal. Then she tossed it out," Riedel said.

Riedel asked, "What are the odds that somebody who wanted to frame the defendant and place DNA on some article of clothing would have chosen shoes? And then what are the odds that the defendant would coincidentally say, 'I'm going to go to the liquor store and I'm not going to wear shoes.' And then what are the odds that the person who wanted to frame the defendant would dump the shoes 700 feet from where the defendant got stopped?"

He said video from the Subway sandwich shop shows that earlier in the day on Jan.23 , Nelson was wearing blue striped pants and white shoes. At 6:15 p.m. she's dressed in black and not wearing shoes, and wearing Ken Nelson's underwear.

Nelson claims she changed her clothes from earlier in the day Jan. 23 because she'd had an "accident" after taking some diet pills.

"Ladies and gentlemen, if you had at 5:30 in the evening gone in to take a bath ... and filled up the bathtub, then defecated on yourself at 5:30, would you really wait around 'til 6:00 at night, 6:05, not get in the tub, and then decide, 'I think I'll put on my husband's underwear and go get a bottle of wine or beer,'" Riedel said.

Riedel said the tub was filled with water because, "she knew she was going to be coming back in a rush and what was the plan? 'I'm going back to the house and I'm in the tub and any trace evidence is washed away down the drain.' That's why that tub was filled."

Riedel said Shawna lied to her husband Ken when she told him she’d intended to pawn a Glock handgun but instead had sold it to someone in front of the pawn shop in Loveland.

He said shell casings at the crime scene were linked to that Glock, and that only two people had access to the gun, Ken Nelson and Shawna Nelson. Ken was at work.

Riedel finished his argument by asking jurors to let Heather know that justice has been done.

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