Judge Shawn Showers has denied two of Willard Miller’s motions in the murder case of Nohema Graber. Motions for suppression of evidence and Franks’s hearing.
According to court documents, the motions were filed on March 1st and March 15th of 2022, with a hearing on November 1st. According to Miller’s mother, she was not notified that her child was in custody and believed when he was in an interrogation room with officers he was in there with other students. And according to his attorneys, law enforcement did not have enough evidence to seize his cell phone and in doing so violated Miller’s Federal and State Constitutional rights.
Judge Showers stated in the suppression of evidence ruling “as the Defendant was being held on suspicion of participation in a homicide, and the juvenile protections regarding parental notification do not apply, and that the Defendant knowingly, intelligently, and voluntarily waived his Miranda rights.” Showers also stated “in order to be entitled to a “Franks hearing,” a defendant must show that law enforcement included a false statement knowingly and intentionally, or with reckless disregard for the truth, in the search warrant affidavit….the Court finds that he has failed to make the substantial preliminary showing of falsity.”
Miller’s attorney, Christine Branstad has also filed a motion asking for a continuance in his trial, which is scheduled to begin March 20 in Council Bluffs