Sentencing

Hello everyone... Galareka's sentencing will not be determined until November 24th and 25th. Below is a letter that Jennifer Henderson has sent to me. Please help in any way you can:
Dear Family, Friends, Peers, TCHS graduates, and my brother and sisters in Jesus:

We have made it through the murder trial State vs. Harrison. It was incredibly difficult.
We are one step closer to bringing some closure to this trial.
I have attached a letter regarding a letter drive regarding the Sentencing hearing for November 24 & 25, 2008.
Please read the letter and if you feel motivated, we would appreciate a letter of support for Janelle Henderson.

Many of you have been my rock of prayer and I can never repay you for your generosity of spirit.
Just know that I appreciate and love each and every one you. You are all wonderful people (young and old) and great parents.

Respectfully yours,
Jenn Henderson

September 25th, 2008

Dear family, friends, and interested community members:

Many people have offered their support during for next phase of the murder trial regarding the death of Mia Janelle Henderson. There will be a sentencing hearing on November 24 and 25 at the Pima County Superior Court in Tucson, Arizona. Henry and Jennifer will be in attendance to speak of how the loss of Janelle has affected our lives. It is also time for the Judge to hear your words (Judge Warner is the sentencing authority in the case of State vs. Harrison). If you can find the time, we would greatly appreciate if you would write a letter, touching on as many of the following issues as you feel comfortable with

1. You may share how the death of Mia Janelle Henderson has affected your life.

2. You may share what kind of person you remember Mia to be.

3. You may share your relationship with Mia and personal stories and examples that exemplify your relationship, or Mia’s character and beliefs. You may also attach pictures.

4. You may address any information or opinions about Mia's family.

5. You may address the impact of the crime on the victim, the harm caused by the crime, the criminal offense.

6. You may address information and opinions that concern the criminal offense, and the defendant (Harrison).

7. You may address your opinion on the sentence to be imposed on Harrison.8

8. You may address the defendants' (Harrison) need for restitution

We ask that you refrain from using vulgar language.


The letters should be ADDRESSED to:

The Honorable Nanette Warner, Division 20

Pima County Superior Court

110 W. Congress

Tucson, AZ 85701

Letters are to be MAILED to:

Rick Unklesbay

Pima County Attorney’s Office

32 N. Stone Ave, 14^th floor

Tucson, AZ 85701

Please mail the letters by the end of October 2008.This allows the Pima County’s Prosecutors Office time to present these letters to Honorable Judge Warner. And this allows the judge adequate time to review all letters. If you have any pressing questions you may contact Mrs. Michaele McKenzie (520)740-5780 at the Pima County prosecutor’s office.

We thank you for all your help and support in this endeavor. God’s blessings to all of you. We have been able to endure this with all your prayers. We will be forever thankful.

The Henderson’s
P.O. Box 2854, Fort Defiance, AZ 86504

Day Six: September 18th 2008

Approximately 3:10 p.m. the verdict is read.

THE JURY FIND GALAREKA HARRISON GUILTY ON ALL CHARGES

[Galareka shows no emotion during the verdict]

Day Five: September 18th 2008

1:21 p.m. We arrive. GH is already sitting at the defense with both attorneys. Today is going to be the closing statements. Galareka will not testify.

1:30 p.m. judge arrives. We all rise. Judge shuffling through papers. Laughs. Other people present are talking. Almost a full house. GH has more family here to day. About 8. We wait. No jury yet. Today Galareka is wearing a brown suit with an off-white shirt underneath. Her hair is parted from right to left and only half of it is pulled back in a pony tail. Judge asks prosecution and defense if they have any more evidence to present. Both said no. Judge no going through directions with the jury on how to conduct their deliberation. It is finalized. Galareka Harrison will not testify. Papers being passed out. These are the preliminary instructions.

It is your duty as the jury to determine what the facts are. You should not guess about any fact. You as jurors are the sole judgers of what happened. It is up to you decide which testimony to believe. You are to consider the testimony of a police officer the same as you would any other witness. You must start with the presumption that the defendant is innocent. Proof without reasonable doubt. Premeditation means the defendant intended to kill another human being. 2^nd degree murder. The defendant intentionally caused the death of another person. Does not require premeditation. The state has to prove beyond a reasonable doubt that the defendant did not act in self defense. If the jury finds her not guilty of first degree murder or can’t reach a unanimous agreement, then they can consider second degree murder. If not second degree than manslaughter.

2:03 p.m. closing arguments begin

The defendant’s decision altered her life but it was her decisions took the life of Mia Henderson, this is a case of over whelming premeditated murder. The intentional taking of another’s life. It doesn’t matter how long this reflection may be. There was a decision making process that occurred, there is ample evidence of premeditation, Lie after lie that Galareka told the police on September 5^th. At he ends of the nearly three hours of the fake man story. Took a knife and fake suicide note. “I sat there and I was thinking and think and thinking and thinking.” She was mad. The fact that police were investigating her. Her family thought she was being good. All I wanted was to be free. Her intent was clear; she walked up to Mia as she lied on the bed and took out the knife. The end result of what happened in that room that night was the exact intention of what Galareka wanted. Once you get through the lies and once you get down to what happened in the room. Witnesses tell you what the defendant was doing to the nights preceding the murder. Defendant confessed theft to Officer Lopez. She did have possession of the wallet and checks. Turns over Annalisa’s wallet. Premeditation doesn’t require what a normal person would think to murder a person. Mia told Londynn that she was pressing charges, Yolanda said some things were weird. Like when she asked what happens to people to steal. Asks if you can identify finger prints if somebody’s wearing gloves. The question came up. Brings up the fact that I have a friend at school who thinking about suicide. Back in Tucson, defendant wants to buy school supplies. Even Yolanda questions her knife purchase. Defendant says this is the one she needs. The knife is purchased just after 7:00 p.m. it’s about 7:40 when she goes to the science library. Stays for about four hours. For hours she’s in the science library and she’s writing that note. Tells the police all I wanted was to be free. Went up to her friend Samantha’s dorm room and stays for hours. Stacey says it was kind of weird and on more than one occasion she asked is my roommate asleep yet. She has the instrument that she wants to use to stage the suicide. She has the note she has the knife. She walks in and Mia was lying on her bed asleep. Immediately after the defendant starts attacking Mia, Mia tries to fight back. Clearly there is a fight. Mia Henderson is at that point fighting for her life. Holding up her hand holding up her arm trying to deflect the blows. Things didn’t go as planned. It’s supposed to look like a suicide. A minute a couple of minutes of absolute silence. The defendant had planned to make it look like a suicide. The defendant made plans to go back to window rock. Couple minutes of silence is a long long time. The screaming stopped. Then the defendant comes out of her room wailing and crying. Only took a couple of minutes to decide that this doesn’t look like a suicide. Defendant told Casella that Mia attacked me. Roommate already bloody. Wants him to believe that Mia attacked her. Every time she tells another lie she cries. Every time she talks about this mysterious man, she’s crying. When she’s not talking about him she’s giggling and laughing. Goes back to the man she cries. One hour and half she’s manipulating officers. Leading them down a path. You don’t have to listen to her voice, listen to how she talks. Hour and half she has a story that she sticks to. As the detectives get information, they question her. This story about a man is not making sense. This time I promise to tell you the truth. She lies again, crying and emotional. Tells story about Mia reflection in the window coming at her attacking her with knife. Only after Yolanda Nez comes forth and says we were at target and she bought this knife. Defendant said no that was Mia’s knife I just have the exact same one. Was Mia asleep when you went into the room? Tragedy that this was such a senseless senseless act. Planned out so far in advance. That is premeditation. You may be considering self defense. It’s our burden to prove to you that this wasn’t self defense. One of the things about self defense is that if you get a knife and attacked someone its not self defense. You can’t provoke a murder and say it was self defense. You can’t claim if you initiate an aggressive act. You’re the one sitting and texting for hours waiting for you roommate to fall asleep. It is not self defense is a person is on their bed and you attack them. If you’re the aggressor and immediately withdraw… detectives said assuming that Mia attacked you and once she was on the ground G.H. took the knife and put into both hands and thrusted it into her back. In this case you have to examine the evidence of premeditation. All other folks saw. You will not find a case with more premeditation than the one in front of you. She is where she is now because of the decisions that she made. It is the defendant’s decisions and her actions that she needs to be held accountable. Reflective actions. Making all her problems go away meant that Mia had to die. She wanted Mia dead and Mia is dead by the hand of the defendant. Evidence shows premeditation of first degree murder.

2:36 p.m. court afternoon recess.

3:00 judge enters. We rise. Jury enters a minute later

It is now the defenses turn for closing statements. Mr. O’Brian

Members of the jury, Galareka is not guilty of first degree premeditated murder. Your job is harder than any others job here. You don’t get to pick what parts are true and ignore the rest. You consider al the evidence. When you do you will determine that she was not guilty of premeditated murder. The first statement that was taken was taped after Mia had called the police. The officer told you he told her Miranda rights. Don’t worry…focus on what I’m telling you now. They begin speaking to her around one o clock. When they get to the end of her Miranda warnings, how old are you? 18. That doesn’t apply. The point meaning that the Miranda rights don’t apply. When asked what were you talking about? He said he was referring to the juvenile case. Something he knew about and didn’t apply to Ms Harrison. If there is anything of cohersion of some sort. One thing he suggests is consider what evidence there is without that statement. Its one thing to pick out what parts are true and use it to fit your statement. Who gets to pick and choose? Not me not our government. Why is it that the end is only true? Why not parts of the other stories not true. Two male police officers come and say were going to take your picture and were going to talk to you but oh wait that doesn’t apply. I said in my opening statements that two girls set down a path. It was actually three. Need I remind you that when we were 18 we thought we could function on our own? But we have three young girls whose paths intersect. Two of them who already met. They wanted to be roommates. These girls where so worldly that they didn’t need the first years scholars program they just needed a place to stay. These 18 y o girls meet Galareka. The person who shouldn’t…this girl Galareka came into a situation that was unwanted. Londynn says it was Galareka who was unfriendly and responded with one word sentences. Say Londynn lied to year under oath. If you believe officer Lopez lied to you then Londynn told the truth. Londynn told you that officer Lopez laughed at them. They posed and tried to get him into photographs to prove that his happened. The officer didn’t confirm any of these statements. Weren’t other people in the hall? They said they were in the room. Why was that lie told to you? What reason was the lie for? The fact is I wasn’t in that room. State’s council wasn’t in that room…..you members of the jury weren’t in that room. You have to piece together as best you can what happened in that room. Do you really believe that this 18 year old naive girl…or do you think she’s a terribly scared girl. Who knows that nothing will be the same? If you had children you know they won’t tell you exactly what’s going on. But that doesn’t mean they committed premeditated first degree murder. What if other portions of the statement are true? What if other than what states told, did happen in that room. What if Galareka contacted Stacey because she didn’t want contact with Mia? Something had happened that would require the university to make a change. You heard Diane tell you that the next day she was walking in the lobby and saw them say “you need to let bygones be bygones and shake hands” they were both upset. It was clear that Mia was not going to let bygones be bygones. It was clear that she was going to press charges. You can ask yourself lots of question. Gloves were never found in the room even though G.H. talked about C.S.I. GH just had a bad feeling about going back. The government tells you she was already premeditated murder. What if she just knew she was going to have to deal with the situation? When Diane was testifying I know you heard her say she heard a noise screaming and then silence for a minute or two. Did you hear how her statement of a minute of two became two minutes and then a couple of minutes? I would suggest that you listen carefully to the difference in Galareka’s voice. At the end she’s giving one word answers. It’s not a change from a liar to truthful. No breaks given to Galareka. Interrogation continues until the police get the answers they want. Does it make sense to you embers of the jury? If you’re trying to get away with a crime you leave a trail a mile wild. If one would commit a crime would you purchase the weapon with someone not involved? Or type a suicide note that no one would believe. This is not the work of a master manipulator. The government would tell you that all it would take is for Galareka to walk into the room with out a knife and it’s not self defense. Does it make sense if someone’s putting a knife to you throat you going to stay asleep. Was it a fight begun by Galareka or Mia? What evidence shows that its not self defense. I was thinking and thinking and thinking. you supposed to conclude that she was thinking about killing Mia. If you’re going to stage a suicide you wouldn’t stab somebody that many times. If you’re a master manipulator wouldn’t you have picked up this note it that’s what you were trying to do? You heard testimony that paramedics picked the sheet up and carried her. There is no blood on that mattress. Assuming that there was testimony that Mia was on her head and knees…where the rest of the blood on the room is. There’s a big quantity of blood near Galareka’s bed. You’re here to analyze all the evidence. Do you believe that this 18 year old girl is a butcher? If one is in a fight and bleeding too, there is blood al over this room. If Mia succumbs from her wounds and falls Galareka who is also fighting for her life doesn’t know Mia is dead. There were 5 6 7 wounds that were fatal. This is not something that took a long time. It’s possible that Galareka fighting is in a panic and stabs her again as she runs out the door and she doesn’t know that this fight is over. I submit to you that the government has said to you that premeditation can take any amount of time. How long does premeditation take? We don‘t know the details of it. What if some of what Galareka said is true. We don’t know the details. You heard the police officers say to Galareka Mia must have done something. Were they saying that to get Galareka to agree with them? Now the Jude has told you more than once it’s not Galareka’s duty to testify. If there’s any suggested of the contrary that’s not something for you to consider. The fact that someone buys a knife is evidence but what is evidence of? The government said premeditation is it? What if this was true? How does this make sense? What if Galareka thought if she threatened Mia then Mia wouldn’t press charges? You’re supposed to put the puzzle together if you can. She is presumed to be innocent. Essentially you’re supposed to give the benefit of the doubt to not the government but Galareka. The decisions that you make doesn’t change because there’s cameras that take pictures here. What if you don’t include the statement and find G.H. not guilty of murder and she acted in self defense. Our system of justice is unique. It may not be perfect but it’s certainly better than other systems. We’ve gone past mob justice. Our system puts this in the hands of the jury and gives power to each one of you. Because I say no and because I have a doubt about this. We’ve moved to a time where we get to question the witness’ to see if they have the truth. Sometimes even that isn’t enough. We have a system to judge confessions and see if they’re voluntary of not. You heard the finger print expert come in and say there are prints on the knife but we can’t determine whose they’re. You will not find G.H. guilty of first degree murder. Is this a crime of premeditation or passion? Planning or frustration reaction and rage?

3:43 p.m. DA done

Rebuttal

You need evidence to decide a case. I’m not the one who says she’s lying to the police. The defendant said she lied. I’m not the one who said now I’m going to tell you the truth. It is the defendant who tells you that she lied over and over again. Let’s say that it was one minute that there is silence after the defendant stabbed Mia Henderson [he pauses for a 30 seconds] courtroom is silence. That was only 30 seconds. What was she doing? What was she thinking? Pathologist said one wound deeper than others 7.5 inches. Defense said what if she stood next to her and stabbed her. Defense suggests that the victim somehow provoked this. The instructions that you get from the court defines provocation. Requires a reasonable person lose control from what the victim was doing to them. When you leave for the weekend and write a suicide note that’s cooling down that’s reflection. Suicide note placed neatly as if defendant expected the RA to come in and find it. She makes the decision to approach Mia as she lies on the bed. Defense suggests there was a struggle where they were tumbling and tumbling around the room. There’s a photograph in evidence showing injuries the defendant had. There were bite marks on the fingers of the defendant. They asked her. She thinks about it. Mia was screaming and I needed her to stop screaming so I put my handover her mouth. She bites it. This was an act that was thought out. You don’t need to speculate to what the defense attorneys a=say might have m=been the case you have the evidence right in front of you. This wasn’t a note of apology but it was a plan. It was a plan that she reflected and thought upon. The issue that you have to decide is did she carry out the plan that she decided to make. The officers didn’t threaten, make any promises, or coheres her. The police do give her breaks. They giver her water. They let her go to the bathroom. When you listen to the part where she becomes quiet at the end.

Day Four: September 17th 2008

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…. Harrison]

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 Leon was originally assigned to the case. Did not know if Leon had done anything prior to death. Was aware things “hadn’t been done.” Did not follow up on leftover items.

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 Fargo

VP Acct security

Found cancelled check cashed on Mia’s account…500.00 made out to Analisa Valencia

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 Valencia at UA Police station took statement

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

Day Three: September 16th, 2008

10:19 a.m.
Courtroom is unlocked. We enter and sit down. Galareka Harrison enters. Today she wears a black suit. Her hair is down, very wavy like she had braided it the night before. It's weighed down with mouse, to give the appearance that her hair is wet. Both attorneys are present. No judge or jury yet. We were told in the hallway by Mia's dad that today will be the hardest day because the Medical Examiner will be the first to testify.

10:26 a.m.
Male prosecutor advises all spectators to remain calm and quiet during the presentation and description of Mia's body. If someone loudly cries or screams it could be a distraction to the jury. The jury would be focused on the audience's emotions than the evidence being presented.

10:31 a.m.
What appears to be a class of high school-aged teens enters the court room and sits down. There is about nine kids total. We are told that it's not unusal for a class to come in and observe a courtroom setting. The attorneys and judge are having a meeting at the judges stand. Galareka sits alone, playing with her pen.

10:36 a.m.
The judge warns the spectators about photos being presented, describing them as being very graphic. Any display of overwhelming emotions could result in a retrial.

10:37 a.m.
Witness, Dr. Wintson, steps in. He is wearing a navy blue jacked with a light blue undershirt and tan pants. Hanging from his neck is a red and white tie. He is an older, Anglo man, probably in his late 40's. He has brown hair with a receding hairline.

10:40 a.m.
Dr. Winston is sworn in. He obtained his medical degree from South Carolina University. He has been in Tucson since January of 2003. The main purpose of his job is to find the manor of death. In order to achieve this, he looks at the victims clothing, body, and documents injuries (internal and external). He also looks at all the organs of the neck, chest, and brain. He examined Mia, but wasn't called to the scene of the crime. He says she had numerous injuries on her body. The external injuries were sharp force injuries (meaning they occurred from something sharp i.e. a knife)
After his examination, he reported that Mia had 23 different areas of injuries. There were several to Mia's head, neck, and face area. She had a total of three stabs to the neck: 1 stab on the right, 1 to the base of the right, and 1 on the left cheek. She also had 6 incised wounds. The prosecution hands Dr. Winston a picture of these injuries. He holds the picture for the jury and points to and describes each injury. He clarifies that a "stab" is deeper than it is long. "incised" is longer than it is deep.Incised wounds are superficial wounds, meaning they are less than 1/8th of an inch deep. He says that Mia had 5 incised wounds to the left side of her neck. Internally, there was no major damage to her blood vessels or organs in the neck area. He also measured the depth of the wounds. The one on the right side of her neck was 2 inches deep.The other was 4.5 inches deep. The stab on her left cheek was 3 inches deep. The wound on the right side of her neck near the scalp line went front to back and then right to left. The stab on the base of her neck went from front to back and then downward.
The medical examiner reports that Mia had a total of 15 stab wounds on her back. [The prosecution is now holding a picture of these wounds and presenting it to the jury while the doctor points to each one a describes] On her left upper back their was a stab 1 1/4 inches deep. this went back to front and then upwards. On the left mid-back, there was a stab 1/2 inch deep. this went back to front. Again on the left mid-back, was a stab 1/4 inch deep. This also went back to front. Also on the left side of her back was a stab 1 inch deep which went back to front. In the same area was a stab 2 1/2 inches deep. This went back to front and hit her eight rib and penetrated her left lung. Another stab 1 3/4 inch deep also hit her left lung. A stab on her lower left back was 2 inches in depth. This went back to front and into her abdominal cavity, stabbing the upper pole of her spleen. There was one more stab on her left back that was 1 inch deep and went back to front. The Doctor states that he can't tell which wound was inflicted first.
On the upper part of Mia's right back was a stab 1 1/2 inches deep. This went back to front, and then left to right and upward. Also on the right side was another stab 2 inches in depth. This went back to front and penetrated the right lung. Another right back stab was 2 1/2 inches deep, went back to front, left to right, and down into the right lung. One stab on the right side was 7 1/4 inches deep, going back to front and stabbing the right kidney and right lobe of her liver. On the lower right side of her back was a stab 2 1/4 inches deep, going back to front and then upwards.
There was also a stab wound to the left shoulder about 1/2 inch in depth, going left to right.
Dr. Winston said it would be difficult to correlate what type of instrument was used. He cannot tell which knife caused these wounds. He also can't tell if there was one or multiple weapons. He did find blood in both chest cavities. he can't tell which wound(s) caused this. He is unable to determine her body position or position of attacker. He doesn't think any of these wounds were immediately fatal. Mia could've been conscious.
Mia also had several incised wounds on her body. ther was one on the right forearm, on on the right wrist, two on the right knee. Also on her knee were two abrasions. He classified this as a blunt force injury (i.e. if you fall on a rug, you get a rug burn.) The was also and abrasion on her right eyelid and 2 abrasion on her right eyebrow ridge. These all could've been caused in different ways.
Internal bleeding was caused by the puncturing of both kidneys, her liver, her lungs, and her spleen. Mia was also tested for ten or so different substance, including alcohol. All tests came back negative. There were NO substances in her body. Dr. Winston said her cause of death was multiple stab wounds.

11:26 a.m. The defense now questions the witness.

Dr. Winston can't tell which stab wounds occurred before or after Mia's death. 7 of the stabs hit her organs. He cannot tell whether she was struggling of whether there was a fight going on. The abrasions on her knees were consistent with a kneeling position. Her right chest cavity had 100 mL of blood. The left didn't have enough to measure. The Doctor didn't notice any internal bleeding from the lacerated spleen. He doesn't know how long it would've taken for her to die.
Blood spatter is how blood appears at a crime scene. The defense continues to ask questions about blood typing, buckle cells and hair samples. At the end of each question he keeps asking if these are NOT "sciencefiction or fantasy". A finger nail scraping was collected from Galareka, as well as a swab from her hand. Dr. Winston never saw the crime scene. He says Mia could've died within seconds of the first fatal wound being administered. He cannot tell how much force was used to inflict a wound. She did have deflated lungs.

11:45 Redirect

Wounds on hands and wrist could be described as defense wounds. Blood samples can tell who was at the crime scene. A DNA sample could also tell who was at the crime scene.

11:58 a.m. Witness steps down. Council meets with judge. It is now noon recess.

1:15 p.m. Courtroom was open from lunch recess. Galareka's family is present, about 5 people.
1:18 p.m. Galareka brought back into the courtroom.
1:33 p.m.
Defense asks that some evidence should not be used, including that ID of "catcard" from Ms. Valencia. They are now asking what was given back to officer Lopez when he made his report for August 27th 2007. Defense also asks that a script of Galarkea's testimony should NOT be given to the jury because it is their job to listen to the tape. Judge overrules and says some points may be unclear and the jury should be allowed to read the script of the tape.

1:47 p.m.
Officer Lopez is called to the witness stand. He has worked for the University of Arizona for four years and 8 months. He is a patrol officer. At 23:25 Lopez received a call at Graham-Greenlee dorm for a possible theft. Upon arrival, he made contact with Mia, On her report Mia siat "she found her cat card, Social Security card in her roommate's wallet." She also told him that a $500 dollar check was cashed without her knowing. Mia told the officer that he would find Galareka on the 3rd floor. He went up to find Galareka and asked her to step out for privacy. They went down to an empty room and Lopez read Galareka her rights. shortly after Galareka got emotional and said she did take Mia's Catcard and social Security card. She took Mia's cat card and her checks from her desk. She said she cashed the check in Mia's name at a bank on Speedway.
Galareka was in a study hall at NASA when a friend had left her wallet behind. Galareka took her wallet to use her ID. Galareka later showed Lopez the wallet she had taken from A. Valencia along with Mia's Cat card and social security card and her check book. Galareka returned $500 cash and tow check written out for $1000 and $2000. She says she didn't intend to cash them. Lopes took Mia's check book and cash for evidence. After collecting all evidence, Lopez briefly spoke to Mia regarding her case. He took the evidence for further observation.
On the morning of September 5th he heard the report that there was a possible stabbing at Grahm-Greenlee dorm at 5:55 a.m. Upon arrival he noticed Galareka on the floor and had made contact with her. He saw another officer in the room with Mia. He was told to be stationed at the EAst side of the dorm. He later went up to A. Valencia's room and took her wallet for evidence. He told her that it would be given back to her later.

DA now questions the Officer Lopez. The defense asks if any one was in the room with Mia while he was taking his report. He said,"No, but other's were in the hallway"
"Did you find anyone else's Catcard in Galareka's wallet."
"No"
"Do you know Londynn Young or Jordan Begay?"
"No, never"
Officer Lopez said he never told Mia that "This happens all the time, don't worry about it." He also said he never laughed at Mia about her case. He says his foucson was on Mia and Galareka.

2:25 Officer Lopez steps down. Analysia Valencia now takes the stand.

Analysia lived on the third floor of Graham-Greenlee dorm. She met Galareka in the first week of school during an "ice-breaker" exercise. A. Valencia occasionally saw Galareka campus and when she was wandering the third floor with friends. She had more contact with Galareka than with Mia. On the night of August 28th, 207 officer Lopez made contact with Ms. Valencia about some missing catcards. She noticed her wallet was missing after study hall at NASA. She made attempt to find her wallet by going to the lost and found areas. She was given information on what,when, where to report it. She couldn't report it until early Tuesday morning because the staff was not present.
On the 28th, she received a call from a female asking about her account at Wells Fargo. She states that "It's too early and to please call back later." She didn't give any information regarding her account. Thinking back she remebered going to study hall with Galareka. She doesn't recall Mia being present. Ms. Valencia was showed evidence such as the checks and cashed checks. She doesn't recall receving the checks from Mia and doesn't remember cashing a check at WElls Fargo. She showed her ID from the day it was taken.

2:42 p.m. Defense now questions witness

She remembers doing the ice breaker with Galareka. She saw her through out the early days of the school year. Seh reported that her wallet was missing and doesn't recall telling Officer Lopez about a phone call she recieved a 2:00 a.m. call about her account. While she was in study hall she left her bag beside her area and her wallet was inside a zipper. When she retuned it was open. She didn't geive Wells Fargo any information on her dorm room or her phone number. They didn't call her dorm directly.

2:53 p.m. Witness Detective Muraz called to the stand.

He has worked with the UA and Pima county as a detective. He worked with UA for 5 years. Recieved a call on September 5th to the Graham- Greenlee dorm for a murder case. The detective states that her showed up at the dorm and took a glance into the room where the incident had taken place. He then reported to the lobby for a briefing. Detective Muraz and another detective reported to UMC for evidence. Upon arrival he was briefed that Mia was already gone. He took pictures. He was told where Galareka was located but three others were already with her. So her interviewed one female and two males but didn't see Galareka until later in the morning. He reported back to the dorm and was told what had happened. He tool pictures and was taking samples of her palm. He spoke with Galareka about what had happened than was moved into another location for the use of the room. Both detectives had their own tape recorders and recorded the conversation with Galareka. Tow tapes should be about two hours and fifty minutes to three hours.

3:13 p.m. Afternoon recess

3:34 p.m. Judge returns. Jury returns shortly after.

Tape is played on Galareka's testimony from September 5th 2007. Rights are given to Galareka. Name, address and age is read. Little conversation between Galareka and detectives. Pictures of her had are already taken. Galareka states that when Mia reported on the. 28th that she wants Galareka to give up the money. Later, Galareka says she can't do it so Mia had threatened her to do it because she had a hand gun and said " I know where you live" and "I know your classes" and " I will watch every move you make" and "I'm not afraid of you." She said on Tuesday she was unpacking when Mia and some guy was in their room and she couldn't see because it was dark. She left it alone then she said she was about to leave but his guy pulled her back and sat her and Mia on the bed. He started talking to them and then he started telling them that he wanted them to take his life but they didn't want to. So he grabbed the knife and started to stab them but Galareka got away and ran to the hallway screaming for help. [cries out in emotion]
Detective asks her to start over from the beginning so she started from Friday. She left with her friend back to the reservation for a rodeo then she was hanging out with family and friends. She returned back to Tucson on Monday evening. She describes the evening. She says that when was hanging out with friends and they went to circle K by the stadium. She hung out with them all evening. She returned back to her dorm around 2 A.M. She noticed Mia in the room with some guy and they were talking than Galareka said she will be back later. But the guy in the room started talking to her. She described the guy as a tall and wearing black and a base ball cap. She couldn't see what his face looked like. As she was walking out her grabbed her and told her not to leave. She said "No" Then he got angry and threw her on the bed and said she has to stay. She wanted to get out but he started talking to them for about three hours. She didn't know what he was talking about. He got angry again and told Mia to take him but she didn't want to. So he threatened them saying he knows where they live and that he will stock them if they went to the cops. He would kill them both. Galareka told Mia to "just do it" and that they can't die. Mia said " I will do it" but she wouldn't take the knife.
He took the knife and grabbed Mia and started stabbing her numerous times. She was shouting out "ewww" then she tried to fight him off as Galareka got to the other side of the bed she tried to fight him as well but he turned on her then he hit her then she ran but she tripped over a tape or something dividing the tile and the carpet. He grabbed her leg and she tried pushing away and she got cuts on her hand. Then she got stabbed on the calf and she ran out but she had a hard time getting out. Finally she swung her door open. When she got out she ran to her friend Stacy nest door. She shouted out "Help!". Her RA came out and tried to help her but she went in to help Mia first then next thing she knows her leg collapsed and she fell to the ground.
[This story is repeated two more times]

The detectives back the story up to the problem between Mia and Galareka. Shes iad when school started that Mia would steal money from her. first it was $30 then Galareka started to hide money from Mia. But Mia would threaten her with a gun and say "Give me all your money". Galareka didn't know what to do when Mia would point the gun at her. She would sometimes hide money in a little secret hiding spot in her dresser then Mia would say "I know you have more" then Galareka said "No" . So Mia would pont the gun at her at her head and again say " I know you have more" then Galareka would give her more. The next day Mia gave Galareka her Catcard and siad "I need and iPod, go get me one". Galareka said I don't think I can because of the picture." but Mia said, "Do it now" then she said she wanted a black one but they didn't have any so Mia said get two little ones. Galareka said they were for her nieces. She gave Mia the iPod's and later Mia asked for a book. She didn't know why Mia couldn't go back and do it herself but Mia explained that this is the only way she wanted it done. Mia later told Galareka if she knew how to write a check and Galreka said she didn't know so she made Galareka call her mom.
The detective interupts and asks "What did Mia do with the gun?" Galareka says she doesn't know and it's probably still in the room. she doesn't know where in the room it is. Later, she said that Mia had taken Analysia's wallet and she wants to write a check out in her name. So Mia wrote out three checks, one for $500 and $1,000 and $2,000. The next day Mia threatened Galareka to cash the $500 check but Galareka couldn't do it.
[REMINDER: the information above is the testimony Galareka gave to the police on September 5th 2007. This is all from her point of view]

Day Two : September 12th 2008

10:30 a.m.
Only 6 seats remain. So far, Galareka Harrison has not shown up. Both prosecuting and defense attorneys are present.

10:35 a.m.
Galareka arrives (unhand cuffed). Today she is dressed in a brown suit with a white blouse underneath. Her hair is again parted into two sections, with a braid gathering the sectioned of hair. it is all pulled back in a pony tail. No judge, jury, or witness (Jordan Begaye) is present yet.
The female prosecutor (Kellie) is wearing a gray suit. The male prosecutor is dressed in a navy blue suit. There is another male who sits with them (he was there yesterday too). A badge hanging from his belt loop says "police". Possibly a Native, he appears to be in his late 30's. Very clean cut and wearing black rimmed glasses.
10:38
Judge arrives. We all rise. A minute later Jordan Begaye again takes the stand. Today he is wearing a white and blue pinstriped button up shirt. Black pants.
We patiently wait for the jury....
10:41
Jury arrives. Defense begins his questions. He asks Jordan if he had opportunities of travel during high school. Jordan says 'Yes'. He asks Jordan if not all students are given that same opportunity. J.B. says 'Yes'. The the Defense makes the comment that some students had to "...live sheltered lives."
Talks about NASA(Native American Student Affairs) where Native American youth live together in a Learning-Living Environment. No one could not request a certain roommate, because the purpose of the first years scholar's program is to get out and meet new people. Ms. Young and Ms. Henderson tried to request to be roommates but it wasn't very successful. Mia and Galareka never really hung out together beside when present with each other in their dorm room. Mia became aware that her card cat was missing around the 23rd or 24th the defense attorney emphasized the fact that you need a cat card to access the dormitory. He asked how Mia was able to gain access to the dormitory, but Jordan didn't know how she gain access.
Jordan testified that, on the night of the 27th "him, Mia and Londynn were studying. Later Londynn left and returned back to her room, but shortly after Mia noticed her cat card in Galareka's Wallet. It was not hidden , but it was out in the open." She removed her cat card and her social security card was wrapped around it. Soon after she called Londynn back down to her room and they went to look for Diane(RA) they didn't find her, so they went to the 3rd floor. The RA there said she wasn't on duty, so they went across the the opposite side of the dorm(Graham) where they found Kevin, he didn't know what to do. eventually the police were called, and Officer Lopez took statement. They went back to Mia's room and took pictures of the scene.
The defense attorney asks Jordan "Did Officer Lopez want to take Pictures" Jordan replies " I don't Know." Jordan had the impression that the officer didn't take the matter seriously. Officer Lopez did speak with Galareka, then spoke again with Mia. He advised Mia to Stay in a Different room for the night. There were no Police contact after this. Mia typed a letter giving a time line of what she thought was going on, but Galareka was never kicked out. Mia received text from Galareka stating "I'm sorry... Forgive me..." Jordan didn't know if Mia accepted her apology.

Witness 4- Londynn Young

Londynn is from Mesa, she attended the University Of Arizona in 2007. She was active in sports, especially in softball, and participated in many softball tournament out of state. In 2006 she competed in the Indigenous games in Denver, Colorado. Prior to the games she met Mia during weekly practices. Through out their senior year in high school they kept contact through text messaging and phone calls. She was put on a wait list for student housing on campus. while attending orientation she heard about the first years scholars program offered by NASA. Neither her nor Mia had a car. So they thought about living in an apartment, but it was too expansive. So londynn requested to have Mia as her roommate. She received an email by Amanda Tachine(Assistant Director of NASA) stating a "Denial of her request because she wanted them to meet new people and not form cliques." So Mia was later placed with Galareka as her roommate, and Lodynn was placed with another student from Tuba City.
On August 17, 2007 Londynn was introduced to Galareka for the first time by Mia. Mia and Londynn tried to make conversation with Galareka and they were replied with one word answers. Londynn seen here only a couple times after that in the hallways or in their room. Both Mia and Londynn tried to get to know Galareka a little bit more but she hardly spoke to them. In additional Mia had introduced Londynn to Jordan.
Prior to the 27th, Mia reported to Londynn that she was missing her cat card since the 24th. Mia had asked other fellow students or dorm residents for assistance in access to the dorm. She had asked Londynn once to gain access. Londynn stated that, on the night of August 27, 2007, Jordan, Mia and her were studying in Mia's room. She stayed till 11:30 P.M. Jordan remained in the room with Mia after. Londynn never saw Galareka while they were studying. At 11:35 P.M. Londynn received a phone call from Mia saying they had found Mia's cat card while overlooking Galareka's wallet. Shortly after Londynn reported back down to Mia's room, and notice the wallet on the desk. Pictures were taken and after they went out to look for and RA. They eventually found "Kevin" who offered to call the police.
They waited for the police by the housing office. One officer showed up. Londynn felt like he "minimized" the situation. Mia wanted to press charges, but Officer Lopez laughed and said, "Why would you want to do that?" because things like that happenned "every day". He gave Mia a case number and then went to look for Galareka. He pulled Mia out 10-15 minutes later and told her to go to a safe room where she could stay the night and keep all her valuables. She decided to stay in Londynn's room and with her she took: her Coach purse, her perfume, a plastic box containing items, and her laptop. The next day Mia typed and printed several letters. L.Y. and her went around delivering them. There was still no change in her roommate. Galareka did know about the texts and when Galareka asked what Mia was going to do about the theft, Mia said press charges and that she didn't want to live with her anymore.
Londynn went home for Labor day weekend. On September 4th, Londynn went to Mia's room. Galareka's belongings were still there. 11:32 pm, Mia went to Londynn's room to help her with some homework. Mia returned to her room. At about 11:48 pm L.Y received a text saying 'do you want to go running tomorrow?'. L.Y. said 'no'. Mia said 'spoken like a true slacker'.
Defense attorney now questions Londynn.
He begins by asking her questions about softball and traveling. The summer before school started, Mia and Londynn had requested to be roommates. He asks,
"So you were in the First Year Scholars Program for housing?"
"yes"
"You were in First Year Scholars Program by default?"
"Yes"
"So you were just there because they had a spot. You didn't need that kind of program?"
"No"
"Ms. Henderson didn't need that kind of program?"
"No"
"Amanda didn't want you two to be roommates because you were already friends?"
"Yes"
"You got a mentor as a roommate?"
"Yes"
"But you didn't need a mentor?"
"No"
When Galareka first arrived at the U of A she didn't bring any linens for her bed. Seh thought the dorm would provide her with that plus a computer.
Once L.Y went back to Mia's room after Mia had found her cat card and "Sam's" cat card, they went to look for their RA but she wasn't there. Londynn asked Officer Lopez to be in some of the pictures but he said no. He was accompanied by "Kevin" to the third floor to look for Galareka. He returned 1 hour later.
10:55 am. Objection by Prosecution. Council talking. Trial continues
Officer Lopez suggested that Mia stay somewhere else. Mia had to call them back about the case. On August 28th Mia met with Nina (the housing director), but she said she was too busy. She told Mia to go to small claims court and that it would take two weeks for her to move out completely so Mia didn't think it was a good option. There was a loop-hole called a "4-person agreement". This is where 4 people have to agree to switch rooms in the presence of a hall director. Nina suggested that Galareka move into Londynns room and Londynn move into Mia's room but Mia didn't want to stay in the room where the theft occurred.
12:04 p.m. Lunch recess
1:09 p.m. Galareka enters, cuffed. She gives her first look at all the people present. We know wait for judge, witness, and jury.
1:22 p.m. judge enters. A minute later witness (Londynn Y.) enters.
1:24 Judge enters.
Londynn was frustrated about not being able to be Mia's roommate. Mia never textG.H. back. Defense asks if L.Y. if she didn't "care" for Galareka's friends. Prosecution objects. council approaches the bench and now talking with judge.
1:36 p.m. court continues
Galareka sent a chain text to Mia saying "I'm sending you 100 prayers to protect you." Londynn never saw GH threaten, get angry, or with a weapon. Officer Lopez kept the $500 that Galareka had given to him. L.Y. was not present when Mia went through Galareka's belongings.
On September 5th 2007, L.Y. gave a statement to the police. Defense gives her a transcript of the conversation. Londynn had originally stated that Mia would say "Eew" whenever Galareka and her friends walked by. Londynn clarifies that "eew" was her own word description of how Mia's facial expression whenever these girls walked by. Mia never physically said "eew"

Witness 5: Stacy Wallace
She is a young girl, possibly 18 or 19. Today she wears tight denim jeans with no back pockets and a white spaghetti strap. She takes the stand smiling. VERY casually dressed. Her hair is curled and let down.
In 2007 she attended the University of Arizona and was a member of First Year Scholars. Her roommate was Calandra Begay. Prosecutor asks if she knows Galareka Harrison. She says Yes. Prosecution asks her to point to her. Stacey laughingly points to Galareka from across the room.
On the eve of September 4th, 2007, she stayed until 2:30 am. She was communicating with Galareka through text messaging. Galareka text her and asked:
'Is she still there', meaning her roommate Mia Janelle Henderson.
'Is she still awake?'
Galareka then told Stacey to check and see if her roommate was awake but Stacey never did. Later that morning she awoke up and heard banging noises and screams. Someone said,"Help me Stacey!" She said this occurred at 4:45 a.m. [Prosecution hands Stacey the police report she gave. Police report says Stacey originally heard the screams at 5:43 a.m.] When Stacey ran out into the hallway, Galareka was saying Mia attacked her. Her roommate went to get the RA. Police was called by Diane.

1:56 p.m. Defense begins questioning.

Stacey says she was never friends with Mia because Mia was never friendly to her. She did have several interaction with Londynn, mostly during the "icebreakers" excericise. She testifies that she never saw Galareka get upset about the theft allegations. Defenese asks if it's unusual for young people to stay up late. Stacey says no, but did say it was weired that Galareka wanted to know if her roommate was still up because no one asks that.
The morning of the murder, Galareka immediately wanted to speak to her mom. Stacey called Galareka's mom for her and then Galareka got on the phone.

2:02 p.m. Witness 6: Diane Pogavoh.

She is a Native woman with short black hair. Today she wears a red, black, and whit shirt. There is a tan bag slung across her shoulder.
Diane was an RA for the U of A. She was assigned to the Graham-Greenlee dorm. She was also a mentor for the first year scholars. As the semester started, she got to know the students through meetings. She got to know both Mia and Galareka. On Thursday, August 30th, 2007 she became aware of the theft allegations. She talked tot he students and tried to find solutions. She also spoke with the hall director, Nina. She said the girl's options were:
1. To move to a room within the hall and switch roommates. Just because Mia was the victim doesn't mean that Galareka should have to move. It was whoever was willing to move. Diane has been an RA for 2 years. She says it's her job to solve disputes between roommates. This is what she is trained to do.
As she was walking to the hall director's office (Nina Perez) she saw Galareka and an officer talking. He said that Mia and Galareka needed to shake hands and let bygons be bygons. On the nights of the 29th and the 30th, Mia did not stay in her room. August 31st-September1st, Diane didn't see Mia during the weekend.
On the morning of September 5th, Diane heard a noise. She describes it as someone moving furniture. Then there were several minutes of silence. She heard Galareka say "Help me Stacey, help me". She ran down the hall and into the room where she saw Mia on the floor with her head on the ground. She then called UAPD. She asked Galareka questions. G.H. said Mia attacked her. She describes Mia as being very bloody and non-responsive. She had no pulse and a bloody back.

2:25 p.m. Defense questions

He asks Diane if many residents have shared value systems. She says yes. She claims she never heard about problems between Mia and Galareka. She never had any complaints about Galareka. After the allegation of Galareka's theft, she met with the hall director. During a meeting with the police officer, both girls were upset and she knew the issue wasn't over. She knew that Mia wanted to room with Londynn. Mia wanted Galareka to be kicked out of First Year Scholars.


Witness 6: Yolanda Nez
Yolanda previously attended the U of A and graduated in December of 2007 with her degree in political science. She lives in Farmington, NM. She rodeos.
One day she recognized Galareka as she was walking on campus. They previously knew each other from rodeos on the reservation. They visited and exchanged numbers. Galareka frequently text Yolanda. She would ask her questions and Yolanda would answer to the best of her knowledge. Yolanda made plans on Labor Day weekend to go to Window Rock. She originally was going to travel alone, but decided to offer Galareka a ride. That Friday afternoon she met up with GH, they boarded the cat tran and got off at a parking lot on Prince Rd, where she parked her car. It takes 6-7 hours to get to Window Rock from Tucson. On the drive up north they talked about Galareka's first semester and how G.H. was transitioning. Galareka told her that a person she knew was thinking about committing suicide. She heard about this threw Myspace. She told Yolanda WHO it was that was thinking about suicide. Galareka did tell Yolanda that she thought Mia was stealing from her. Yolanda tried to give her advice on roommate problems. Galareka asked her what happened to people who steal.
Yolanda says she stayed in Window Rock until Tuesday due to her rodeo schedule. On the way back to Tucson, Galareka made a reference to the show CSI and asked if fingerprints could still be identified through gloves. On the way back she and Galareka took turns driving back. They didn't talk the whole time. They were both texting and calling. When they didn't have any service is when they would talk. When they were getting back into Tucson, Galareka told Yolanda that she had a bad feeling that something was going to happen.
Once they arrived in Tucson, Galareka wanted to stop at Target because she needed school supplies. Yolanda went to the bathroom. When she returned to look for Galareka she found her in a aisle holding a knife and saying,
"Do you think this will work?"
"For what?"
"For class, my classmate has the same knife."
On Thursday, Yolanda was planning to return to Window Rock for the rodeo. On Wednesday she went to the Graham-Greenlee dorm looking for Galareka. Eventually she met with the police and gave a formal statement.
3:23 The prosecution is showing pictures of Yolanda's car. She states that she was present while the police searched her vehicle. On the side pocket of the passengers door they found a receipt. Yolanda said Galareka paid for the knife (and gum) with cash.
3:31 p.m. Defense questions

Yolanda has been through Many Farms area and has run into Galareka's family from time to time. Besides the U of A, she never saw Galareka off the reservation. Yolanda knew Galareka was home-sick and having a hard time at the U of A. She thought Galareka was immature, but had no problem carrying on a conversation with her.








*Special thanks to S.D. for helping me type some of this*

September 11th 2008 : Day One

9:30 am

Trial is supposed to begin at 10:30am... so far 8 people have arrived

The court room is oddly comfortable. It's a small space, with approximately 50 seats. Spectators are seated in movie theater-like chairs. The walls are surrounded with vertical wood-finished boards. The clerk of the court is a middle-age woman, brown hair to her shoulders. She wears a magenta shirt. So far no attorneys, no jury, no judge, no Galareka.

9:45 am

Galareka Harrison arrives accompanied by two officers (bailiffs). She is wearing a black jacket with a white collar shirt underneath and black pants. Her hair looks black, and is tied back with the pony tail reaching the middle of her back. She has her the front of her hair split down the middle, then tied at the sides, joining in with her pony tail. She sits. Begins to swivel back and forth in her chair. Their is a smug look on her face. So far shows no emotion. Two officers and possible an attorney crack jokes about the clerk of the courts shirt. G.H. laughs. Attorneys soon follow. G.H.'s attorneys are two Anglos: one female, one male. Female is possibly in her 40's. She has blond hair that grows past her shoulders. Short bangs. She is wearing a white shirt and is skinny. The male is probably in his late 40's. Has a blend of gray and blond hair. He's wearing a tan shirt and olive pants.

9:57 am

Evidence is being presented to the clerk of the court. Mia Janelle Henderson's family arrives. Dad is wearing a black suit. He escorts an elderly grandma dressed traditionally with. Mom is wearing a black jacket with a green and blue mixed-print skirt. S.D. gets up and gives everyone hugs. More family arrives. Court room is quiet. Only whispers can be heard.

10:00 am

We get moved to the back row to make room for M.J.H.'s family.

!0:03 am

Only 18 seats remain.

10:20 am

G.H. is talking with her attorneys and is SMILING

10:24 am

Everyone in the back two rows is moved out of the courtroom so we can "...make room for the jury." Apparently the jury selection has not been finalized and they need to bring in 26 jurors and from that 14 have to be picked. A older Anglo woman approaches me in the lobby/waiting area. She tells me that she was under the impression that the jury was picked yesterday (September 10th 2008) We are told that the trial would not proceed until 1:15 pm.

1:07 pm

We enter into the courtroom and sit down. G.H. is brought in. Bale if uncuffs her. She sits alone. Clerk of the Court chats with the bailiff as we wait. Only 12 seats remain.

1:11 pm

G.H. casually looks at her nails. Still swiveling back and forth. Still no sign of emotion.

1:15 pm

The female defense attorney walks in carrying an open brown box approximately 12x6 inches. All attorneys are now present.

1:18 pm

Defense attorney speaking with the plaintiff's attorney. They laugh. Judge arrives. Everyone rises.

1:19 pm

Defense attorney speaking to judge. There is some dispute between a witness who is not present. the Defense wants the judge to send a court order for Witness to appear. Judge says she can't court order an interview but she can order a deposition. She calls the attorney general on speaker phone and leaves a voice mail.

There is a heavy silence as we wait for the jury to enter.

1:28 pm

Jury enters. The judge is giving instructions from the jury, reading from a notebook. Some of the rules are:

A. Keep an open mind

B. Don't discuss case

C. Avoid contact with lawyers, parties, witness', spectators.

1:32 pm

ALL SEATS ARE FILLED

1:43 pm

Judge reads the charges:

• First degree murder
  

1. This requires proof of another person's death
2. Must be premeditated

• Forgery

1. intent to commit forgery

• Taking the identity of another

1. intent to obtain of use the identity of another person. State has to prove that the defendant did this.

Judge now reads the counts:

Count 1: 1st degree murder

Count 2: Forgery

Count 3: Forgery on September 8th, 2007

Count 4: Forgery on August 27th

Count 5: Taking the identity of another on August 28th

Defendant pleads NOT GUILTY IN ALL CHARGES

1:58 pm

Prosecuting attorney gives her opening statements. She says Mia Janelle had an approximate total of 23 stab wounds with 14 of those in her back. Her catcard was stolen and somebody had cashed a $500 dollar without her consent. Janelle and J.B. find Galareka's wallet on a desk. Inside it were two other checks from Mia Janell's check book. That night, M.J.H. stayed with L.Y.

On the evening of September 4th, Jordan Begaye had dinner with Mia at Chipotle. Around 10:45 pm, he said goodnight to her. This would be the last time he ever saw her alive.

The morning of the murder, Galareka Harrison would give several stories to explain what happened to Mia Janelle Henderson.

Story 1:

Galareka came back to her dorm and found Mia with another "man". The "man" gave M.J.H. a knife and told her to stab Galareka.

Story 2:

Galareka said Mia let her cash the checks. She now says the she made up the man story. She has confessed to stabbing her, but says it was in self defense because Mia had tried to stab her first.

While G.H. is being interrogated by the police, detectives searching her dorm room find a letter that appears to be a suicide note. It's written from Mia's point of view. It says that " I'm Mia Henderson and I can't live with myself because I have accused my roommate of false things" and it says due to this,"I" (being Mia) must end "my" life.

After being questioned about the letter, Galareka admits that she typed the note at the science library. Another witness named Yolanda Nez says while driving Galareka home, Galareka bought a knife and said it was for class. Eventually, G.H. admits that she stabbed Mia with that knife.

2:09 pm

Defense attorney gives his opening statements. He states that the lawyers are not giving evidence. He says that all the facts come from the witness stand. Then he goes on to describe the First Year Scholar program at the University of Arizona. He says that Mia had an opportunity to travel with London Young. Before school even started they wanted to be roommates. He quotes, "This case is a tragedy." The jury has the hardest job. The residential assistant has knowledge of some of the facts, goes on to say that Galareka had a "...deep, significant wound to her leg." He says the note that was written would not be believable as a suicide note.

2:24 pm

Opening statements are now over.

2:26 pm

The first witness, Officer Xaviera, is sworn in and takes the stand. He has been a University of Arizona police officer for just under 6 years. He is a patrol supervisor. On September 4th, his usual shift would have been from 8:30 pm to 6:30 am. At 5:46 am on the morning of September 5th, he received a high priority call. There was a reported stabbing in the Gram-Greenlee dorm. 3 officers immediately responded. He parked South of Greenlee dorm while another officer parked west of the dorm. [The prosecuting attorney is showing Officer Xaviera a picture of Gram-Greenlee dorm. He is describing the exits and entrances and where he parked his car.] He says that he enter through the southeast corner of the building. In order to enter into any dormitory, you need a catcard. All UA police officers have one. Once he got into the dorm, he didn't know which room the stabbing occurred in. He was in the "Greenlee" side. As he was running up the stairs to the second floor, he ran into the Residential Assistant. She told him where the incident occurred. [He says that he arrived on scene at 5:48 and that it took him another minute "or two" to find the right room.] There was a female lying on the floor between dorm 247 and 251. She was crying, possible from pain. He quotes, "...not overally hysterical." The female on the floor is identified as Galareka Harrison. He entered into room 247 and saw another female on the floor. She was in the fetal position on her knees and arms. Her head was face down on her knees. Her shirt was pulled forward.[Female later identified as Mia Janelle Henderson]The RA tells him that she was not responsive and had no pulse. She was not breathing. He calls for the paramedics. Then he went to check on Galareka to make sure she was conscious. She was so he went back to Mia, but to double check her pulse but she still didn't have one. Next, he instructed Officer Nelson to make sure the hallway was secured. Once the paramedics arrived, there wasn't enough room for him in the dorm so he stepped out. The paramedics did try to resesitate her, but was still non-responsive.
Galareka was taken out to the ambulance first. Mia was taken 5-7 minutes later. The paramedics put Mia in a sheet and placed her in the ambulance. He says that G.H. appeared to be fine. He couldn't tell if she was upset or in pain. [Picture of the murder scene is presented to the Officer. I couldn't bear to look at it. Sorry.]
After returning to the scene, he says there was a bloody knife on the floor. There was also plastics and other items left behind from the paramedics. He was the only supervisor on scene. None of the other students came out of their dorms. He was relieved at 1:00 pm. The patrol officers didn't take pictures of the scene. He says that there are "appropriate people" to do that.

2:49 pm Prosecuting attorney is done. Defense attorney proceeds to question witness.
The prosecution asks if Officer Xaviera heard G.H say anything. He didn't hear her say anything and now says that she WAS hysterical. Mia was approximately 18 inches-2 feet away from the knife. There was an obvious struggle. He couldn't tell the details. He didn't collect any evidence. He was in charge of who came in and out of the scene using a crime scene log. This is a log where the person who enters has to sign their name, write the purpose of them being there, what time they arrived and what time they departed. He says that there was blood in the hallway but no blood in the bathroom. He didn't take a formal statement from the RA nor did he interview any of the students.

3:00pm Witness steps down and there is a 20 minute recess.

3:38 Court resumes. Witness 2 is sworn in (Officer Casella). He takes the stand.

Officer Casella also works for UAPD. He has been a corrpal field officer since July of 2008. He started with the police department in 2000.
On the morning of September 5th, he arrived at work at 5:30 am. He got dressed and heard a call on the radio about the incident. He told the officers that he was on his way. Granted access through the use of his own catcard, he entered the dormitory. He was instructed to remain stationed at the door and restrict access. [The defense shows him the same picture of Gram-Greenlee dorm. He describes where he was stationed by the South door facing the courtyard.] The only people he allowed into the dorm was the Tucson Fire Department.
Once G.H. was loaded into the ambulance, he volunteered to follow it in his patrol car. Once they arrived at UMC, he followed the paramedics into the trauma bay and observed Galareka's leg wound. Then he, "...let the medical people do the medical stuff." He estimates that her laceration was about 1 inch deep, and had reached the bone. For the remainder of his patrol at the hospital, he divided his attention between Mia Janelle Henderson and Galareka Harrison.
He watched as Mia was wheeled into the trauma bay. She was covered in blood. Tucson Fire Department attempted several chest compressions. Officer Casella could see what was going on in both bays, although Mia was completely surrounded now by medical personnel. Tragically, Mia was pronounced dead at 6:32 am. She had several stab wounds on her cheek, neck, and back.
Galareka was now summoning Officer Casella to come speak with her. She motioned with her hand for him to come over. She appeared to be upset and crying. He went over to where she was sitting and she told him that the cuts were in self-defense. He noticed several bite marks on top of her right hand. This is the story she told him:

Mia came at her with a knife and was already bloody. G.H. tried to deflect it and that's where the cuts on her hand came from. Them Mia tried to hold her down so Galareka tried to kick the knife away, which is when she cut her calf muscle.

During this story, Officer Casella said he emphasized the fact that Galareka didn't HAVE to talk to him. The cut on her leg is still open at this point. He doesn't know the exact time when it was stapled but said it was "quite some time." Eventually, she was taken into another room and stapled up. The Dr. who stapled her wound found a hair in her cut. He gave it to Officer Casella and he gave it to another detective. After being attended to, Galareka asked Officer Casella what is was like to be a police officer and she wanted to become a police officer some day.
Overall, Officer Casella said he spent the majority of his day with Galareka, from 6:12 am-4:50 pm, except for the hour and a half when he was with Mia. Again states that Galareka DID NOT appear to be in pain or distress.

4:01 pm Defense now proceeds to question.

Defense asks why the conversation about G.H. wanting to be a police officer was not in the police report that Officer Casella had written. Also wants to know why "calm and not crying" was not important enough to be in the police report either. Officer Casella said it's his job to only report the facts.
Defense asks what happened to Galareka after she left the hospital. At 4:50pm, Officer Casella escort G.H. to the UA police department. He put her in a "prisoner's chair". This chair is designed to look like the backseat of a patrol car where the prisoner is cuffed with their hands behind their back. There is a strap that comes across the legs. There is another that come across the shoulders. At the PD, Galareka is still in a hospital gown.

Witness 3 called to stand. Jordan Begaye is sworn in.

Jordon is 18 years old and is a sophomore at Northern Arizona University. He knew Mia for 6 years. [Defense showing picture of Mia to the jury] He previously attended U of A and ASU. While at U of A, he was a member of the First Year Scholars Program and stayed in Greenlee dorm. He met a girl named Londyn Young who was already close friends with Mia. He spent time with Londyn fairly often. Mia moved into her dorm the same day that he did and he met Galareka the first week of school. He estimates that he saw her a total of three times. Each time, he spent about 10 minutes with her.
One night, (either the 28th or the 29th) Mia, Jordan, and Londyn were studying in Mia's room. Galareka came into the room around 9:00 pm or 10:00 pm and placed her wallet on the study desk. Galareka only remained in the room for a few minutes and then left. Mia found her catcard in Galareka's wallet. Folded around the catcard was Mia's social security card. He says the card was sticking out of the wallet and that they noticed that it was Mia's picture. They called Londyn and went to look for an RA. It took them three tries to find an RA because their RA wasn't available. The 2nd RA said she was off duty. The three of them went into the Gram dorm and finally found an RA named Kevin. Once they told him what they had found he reacted like he didn't know what to do. He called 911 and was then transferred to UAPD. An officer eventually met them on the first floor of the dorm. Mia told him the whole situation. The three of them went up to her room. No one was in there. The Officer asked where the wallet was and how it was positioned. He then went to look for Galareka. 1-2 hours later the officer returned and instructs all three of them to leave the room. He told them that he had talked to Galareka and that she had confessed to stealing Mia's catcard, her SS card, and three checks. He instructed Mia to stay with a friend so she chose to stay with Londyn.
The next day Mia used Jordan's computer to write three letters. One was sent to the Dean, one to Residential Life and one to 1st year scholars. For the three day weekend, (Labor Day weekend) 4 student's, including Mia and Jordan, went back home to Tuba city in another friends truck.
On Tuesday, September 4th, Jordan was done with class at 5:00 pm. At 7:15 pm he met with Mia outside of her dorm and the two of them went to eat at Chiptole. Afterwards they went running around 9:25pm. Then the two of them went back to Mia's dorm. Galareka's belongings were still in there although she was not physically there. Jordan left at 10:00 pm.
Around 5:55 am, Jordan heard commotion that sounded like foot steps. There were a lot of cops outside and he tried contacting Mia but couldn't get through. He received a text regarding Mia and ran out. He was escorted to UMC, where he learned that Mia was pronounced dead. He was then interrogated by the police.