Day 4 : September 17, 2008
10:20: am
We arrive to the courtroom. There is another case going on already. A man’s probation is revoked.
10:27 am
All attorneys are present. We wait. So far no G.H., no judge, no jury. Not a full house today.
10:29 am
GH walks in cuffed. Today she wears a grey jacket and grey pants. Underneath is a grey tank top and a white shirt underneath that. Her hair is tied back, with a small portion parted from her right side to the left. She smiles as she sits and talks with her attorneys. Her family is present, 6 people total.
10:34
Judge arrives. We rise. Jury arrives. Today we are going to listen to the remainder of Galareka’s testimony that she gave to the police back in September 2007. There is a small boom box placed on the witness stand. The investigator (previously described as possibly native) waits. He sits at the witness stand. He presses play
The tape plays but it’s hard to hear what is being said. GH talked to a girl. Investigator asks what will she say if I talked to her. He says he’ll be right back. Investigator asking her questions. She keeps saying I don’t know. She says I guy did it. She was like this and once I came back up he came back up. He turned his back to Mia. G.H. says she put her hand out.
When his stabbed her the knife came from the front to the back?
Mmhmm.
Were you wearing shoes? Do you know what happened to your shoes?
Man four feet away and made a stabbing motion. Did he try to stab you again?
No he got up like this.
Mia had two cuts on her hand. You don’t remember where they came from? I don’t know.
Who tried to stab you? The man.
So you weren’t attacked by Mia? No.
When you went out of the room would you say Mia was dead or alive? (I can’t hear her answer)
You don’t remember talking to anyone else about what happened? No uhhuh.
You don’t remember talking to the officer who came to the hospital? No.
Do you remember telling the doctor that Mia attacked you? No
Do you remember telling anybody that Mia attacked you? Mm-mmm (no)
It is very important that you be truthful. Investigator curious as to why Galareka told two different people that Mia attacked her. She says she was scared and doesn’t remember what she told people. Starts crying because she’s scared. Talking about her parents. Divorced?
Not yet.
When you tell your parents what happened how do you think they will feel? Worried for me. I was scared.
Are you sure it’s two in the morning that you went up there? I don’t know.
Its important can you try to remember?
Did you ever talk to Mia on the phone?
Once before but not lately.
Tell me how when you got back that night you went straight to Samantha's? How late were you there?
Til morning
You only left once? You never came back after leaving?
(GH quiet)
Who else stayed wit Samantha? Tolesa.
Do you have a laptop or anything? Hmm-mm (no)
Whose computer do you usually use? Samantha’s.
This starts off Mia’s school year with Mia taking money from you?
Yea I told Samantha.
Then it got to the point where she wanted you to use her catcard to make a purchase at the bookstore. Then at some point she wants you to cash one of her checks written to Analise. Who let you use her cat card?
mmm-hmmm (yes).
Since then you’ve set up a hearing with residence life. Then this morning you come in to drop off your things but there was a man in Mia’s room.
Mmm-hmm(yes)
You said that every time you talked to Mia she was quiet and passive but yet she demands these things of you. Dual personality? You thought she had a gun. Even when you were back home on the reservation safe with family you still didn’t tell anybody. There were no footprints that were the size of the male. The evidence does not support your story. There is no way a third person was in that room. …Evidence doesn’t lie. You’ve already told several different stories to several different people. We know about the text message about u trying to say you were sorry. Was it because she wouldn’t listen?
G.H. very quiet now….
We just want to know what really happened. What started it? Her taking the money. How much did she take from you?
A lot.
Galareka confess there was no man in the room. She now says that she walked in and Mia was at her desk.
“We struggled with it for a while”
We both tumbled. She was laughing at me. She started saying stuff to me. I just ignored it and started packing my stuff. She came at me with the knife. Then I got it away from her and I cut her for a while.
How did she have the knife in her hand?
Held by handle. Blade up. I could see her coming with it. I was scared I didn’t know what to do. But she started coming at me saying “nobody is going to believe you”. I “poked” her couple of times. I know I got her right here.
The neck? On the right side of her face?
Then I got the knife and poked her a few more times.
Who owned the knife?
I don’t know.
So she came at you. You go the knife away from her and you poke her a few time. Then she fell down and you fell with her. She cut you in the leg. And then you got the knife back? After you got the knife back where did you cut her again?
In the back. Just three times that’s it. She was alive when I left the room. Once in her back and once in her face.
Did she yell for help?
I yelled for help. It hurt and I yelled “Help!”
The first time you cut her in the face? Then you cut her on the side towards her back.
11:26 PM. Tape runs out. It’s switched to a new one.
Where in her back did you say she got stabbed?
Right here (middle of back) how deep? Would you say 5 inches?
Mmhmmm(yes) Was it hard to pull it out?
It wasn’t easy.
At any point do you think you stabbed her in the face?
No.
At any point do you think you stabbed her in the neck?
No not in the neck.
[Officers taking a quick break] [ says ok we’re resuming the interview with two officers and Galareka “Henderson” oh correction uh….
How did you get the knife away from her?
Because like she was just like coming at me really hard and I grabbed it by the end handle part. Then I poked her oh I didn’t poke her I hit her face. It was like a stab kinda thing. Then she fell. We tumbled. Then that’s when she got my leg. Then she dropped it. Then I dropped the blade thing cuz it was slippery.
She was on the floor on her hands and knees and then you stabbed her in the back.
Mm-hmm.
Do you remember what she was wearing?
I know she had a black but I don’t know what she was wearing. I came back I grabbed my packing bag because I just got back from the rodeo. I started folding my blanket and Mia said “oh I thought you would be in jail by now” I hope you go to jail” You should’ve just stayed home when you got the chance.
She wasn’t trying to stab you she was just waving it trying to scare you?
Yea then I grabbed it. Then we tumbled for a while. We were tumbling back and forth.
At some point did she seem to you that she wasn’t attacking you anymore?
She just kind of gave up after the blow to her back?
Mmhmm…
What kind of anger was going on?
I told my family that everything was going good over here and I didn’t want to tell them. Why didn’t you leave at the point when she was on the ground?
I don’t know.
You could’ve left?
Yea I could’ve left.
Do you have an account?
NO.
How do you get money?
My mom.
She sends it to you?
Yea.
Mia doesn’t have money problems, why would she want to steal?
GH quiet. No speaking.
Did you see this as a way out?
G.H. still quiet.
Maybe a way to make it all go away?
No response.
You ok?
GH now crying.
Did you think that if Mia killed herself it would make this all go away? Is that why you wrote the letter? Where did you write the letter?
The library.
The library? How long ago?
Last night.
Who did the knife belong to?
Her.
It was Mia’s? Did you ever see it before? Tell us more about why you wrote some of the things you wrote on there.
She was spoiled.
What else did she say?
She would always say that I’m not going to be able to finish.
Was she asleep when you started?
No response.
After you wrote the letter at the library, she was asleep and then what did you do then? Where did you get the knife from?
From the little tray thing.
Where did you first stab her? In the neck?
She was laying there.
Was she facing you, the wall?
She rolled over and fell on me.
The time when you stabbed her in the back was she on the bed or the floor already?
She was on the floor.
How many times do you remember stabbing her? Would you say more than a certain number?
More than four.
You said she was asleep, and then you grabbed the knife and stabbed her.
No…I kept thinking and thinking and thinking about what she did and it made me angry. She tried to get me but she didn’t. Then I pushed her really hard on the bed. Then I kept getting her.
Were you trying to cover her mouth?
Yes, I was. G.H. told Mia to “Shhhh..”
GH says she was still moving when she left the room.
12:10 pm. Judge orders detective to stop the tape.
Only 5 minutes left so tape resumes.
On your trip back from the reservation, did you stop anywhere?
Yea we stopped for food.
Anywhere else?
Yea Target.
What did you purchase? A knife and gum.
The knife that she bought was the exactly like the one that she used to stab. G.H. says she trashed it and Mia had the same one.
Where were you keeping the knife?
In my book bag.
Interview concluded.
The science and engineering library is where GH trashed the packaging to the knife she bought. Here is where she also typed the fake suicide note. She sat at a computer by the window. Other portion on interview concluded.
12:19 pm
Council approaches bench. Lunch recess
1:32 Judge comes into courtroom
Questioning of Detective Lopez:
Presentation of pics of bite marks on GH’s hand. Inflicted by teeth, consistent with bite mark.
Presentation of pics of wounds to hand…injuries to one palm but the other was unmarked
Presentation of pics of wounds to leg. He took pics before it was “treated or sutured”
Looked for other injuries to GH, especially to her back, no other injuries were found.
Attended autopsy of Mia, assisted with pics….saw “lung tubes” from medical intervention.
Did not see any other medical intervention that interfered with pics of Mia’s wounds.
Discussion of the purchase of the knife. Did admit to purchasing the knife.
Interview with GH took several hours over the course of the day. Was strapped to “prisoner” chair. Investigation created the need to continue the interview at odd intervals.
Viewed survelliance video from Library of Galareka entering Library at 7 and leaving around 11:40. Presentation of Pics.
Told him that the knife and note were in her backback when she left the library.
Demostration of final stab to MJH two handed, standing over her, hard thrust directly downward.
Cross Exam
Officer showed up at hospital around 8:00 but GH had been there for hours already.
First homicide lead investigation…hasn’t been lead investigator on any other homicides.
Detective
Has been trained as a detective: Evidence Collection, Blood Collection etc. Received Hair from Casella…did NOT call for testing of hair.
Reviewed autopsy report..but not thoroughly…did not ask Doctors at hospital what treatment GH had received.
Did not videotape interrogation
Went back to room and saw the note…did not collect anything since the scene had not been “processed.”
Wanted evidence recovery team to search for gun…none was found. GH reported MJH owned a gun
Read Miranda Rights to GH….
Said….”You have the right to an attorney….ahhhh how old are you? She said 18…then he said…”Oh then this doesn’t apply to you.”
Did not assist with computer records…
Did not interview anyone else in regards to this case.
Redirect:
Other officers were interviewing other witnesses.
The “this does not apply” statement was in regards to the juvenile Miranda right section
Jury Questions:
Did not check every computer…
No record of Mia ever owning a gun
Printed one sheet from Cat Card which corresponded to “suicide letter”
Mary Hamphrey
Wells
VP Acct security
Found cancelled check cashed on Mia’s account…500.00 made out to Analisa
Had the teller journal showing account and ID…used “school ID” and AZDL
Has video footage of transaction…entered into evidence
Balance on accounts…savings and checking…entered into evidence
Officer…Lopez?
Main comment: Said he “Tried to calm Galareka Down,” was in tears and asked if she was in trouble, and could she go to school the next day. Said “Let’s not worry about that at this point, just answer my questions.”
Alicia Perkins: Latent Print Expert for DPS
Said fingerprints are not always left…needs an appropriate surface, hard and smooth. Was asked to pull prints from several items,
Knife
Knote
Plastic packaging found in library
Knife: Quite a bit of material, blood. Photographed it, made comparison. Was not able to identify either individual…Had too much distortion. No valid fingerprints found on any of the items.
Officer Steven Mendoza UAPP Det
Assigned to interview witnesses on floor, made contact of residents.
Served Warrant to search Mia’s room at 10:06, Barrerra also searched.
Saw blood on Stacy’sand Colandra’s door…made photo
Took pics of MJH and GH’s room, no blood on outside of door,
Inside pic room has 2 small windows. Searched ever inch of the room.
No blood on windows
Blinds undisturbed
Found 1 knife
Enters knife into evidence…chefmate Brand Knife
Found no other weapons…no handgun.
Found letter on desk…entered the letter into evidence…(was read too fast, I couldn’t write it all down)
No blood on inside of door eirhter
Collected samples of all blood…cut out square of carpet
Spent hours in the room
Helped Barrerra examine car…found receipt
Photographed receipt
Visited the target store…receipt has been lost…barrerra did not place the receipt into evidence
Met analisa
2 checks on Mia’s account…in name of Analisa…
Enters checks into evidence
Went to UA library to search…found clear packaging wi Chefmate#9. Entered into evidence
Cross Examine:
Collected various items…
Did not ask about a gun specifically, no other weapons were found
Attended Autopsy…placed scrapes, pulls, etc into evidence
Requested Myspace accts be frozen for investigation.
Pics…Shower curtain from Dorm Shower with what appeared to be blood.
Took samples from Shower Curtain…
Talked to Barrerra about losing receipt…was reluctant to admit this
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