Good news for accused triple family killer James Garner in CO:He wins complete acquittal,bad news fopr his 3 sperm creations,since they will likely be enslaved to him once again
Joe1orbit
I've posted a FEW news articles over the past months about the James Garner
triple murder case, in Colorado. 39 year old James apparently went on a
shooting rampage at the home of his in-laws, slaughtering his 37 year old wife
and BOTH of her parents, last year. He then called 911 to report the shootings,
but wisely did NOT confess to having committed them. He was interrogated by
police for four days, then officially charged with the massacre.
Below we get the MAJOR news that James was AQUITTED of all three murder
counts yesterday, by a jury. Way to go, James! Not too many people accused of
mass murder manage to win a complete acquittal, but James certainly did. See,
it ALWAYS pays to maintain your innocence, and FORCE prosecutors to put their
case in front of a jury. Having followed this case closely, I know that there
IS some evidence of James' guilt. I know that OTHER mass killers have been
convicted on even flimsier evidence than prosecutors had in this case. At the
same time, I also feel that justice was served here, since prosecutors DID FAIL
to PROVE James Guilty, beyond a reasonable doubt. For ONCE, in a RARE case, a
mass murder defendent truly WAS given the presumption of innocence that ALL
defendents are entitled to, and yet so FEW receive.
All three victims were shot point-blank in the head or face. Two died at the
scene, the Mommy-in-law clung to life for about 24 hours, but never regained
consciousness. James & wife Lisa had a BRAND new child-slave, aged just one
month, and the infant was just GRAZED by a bullet, but survived. Two OTHER
child-slaves, aged 5 and 7, were in another ROOM and apparently did not witness
the rampage at all. They are both okay physically, and now of course Daddy
James, having been acquitted, will enjoy ALL of his Sacred parental rights of
slave ownership, with regard to all three sperm creations of his. He still
faces CIVIL lawsuits from other family members of the deceased. IMO, if a
defendent is found INNOCENT of murder in a criminal trial, acquitted of murder,
he should be PROTECTED by the legal system from having to face civil lawsuits
in which he is ACCUSED a SECOND time of causing "wrongful death", i.e.: MURDER.
I mean, it's a clear case of double jeopardy for anybody to have to stand trial
a second time, for an accused crime that he already stood trial for and been
acquitted of.
In a rational society James would be protected from having to stand trial
again, in ANY court, including civil court. But he would NOT gain ANY type of
CHANCE even, to get custody of his three sperm creations. The fact that he
fathered them, and was acquitted in court of this triple murder, should in NO
way give him any type of claim of possession to the children.
As you would expect, this power-mad triple killer is NOT satisfied with
simply walking away as a successful mass killer, but is already announcing his
determination to FIGHT to regain possession of his three helpless child-slaves.
He makes this announcement with PRIDE, knowing that it can only HELP him, under
the perverse Sacred Family Unit mandates of your society, to fight like hell to
regain ownership. MORE people would look at James with suspicion, if he REFUSED
to battle to regain custody.
You can view a photo of James, happily sighing in relief just after the Not
Guilty verdict was announced, at the following URL, at least for today:
Take care, JOE
The following appears courtesy of yesterday's United Press International news
wire:
Jury acquits Garner of triple-killing
July 16, 1999
CASTLE ROCK, Colo., July 16 (UPI) The day after reporting they were deadlocked,
jurors acquitted a Douglas County businessman of the January 1998
execution-style killings of his wife and in-laws.
James Garner could have been sentenced to die had he been found guilty of three
first-degree murder counts, but jurors stunned the courtroom today when they
came back with a not guilty verdict.
Thirty-nine-year-old Garner told reporters after the verdict was read, "I'm
really pretty choked up right now so I don't have much to say. I'm just glad
the truth came out and the jurors were able to find the truth."
Prosecutors said they were disappointed with the jury's decision but commended
the panel of nine men and three women, who listened to eight weeks of
testimony.
After four days of deliberations, the jury informed Judge Thomas Curry Thursday
that they were unable to reach a unanimous verdict but he told them to keep
trying. They returned the verdict after only a few hours of additional
deliberations.
Garner was arrested four days after he phoned 911 to report that his wife,
Lisa, and in-laws, Maryann and David Hanschu, had been shot at the home they
were renting in Lone Tree.
All three victims were shot point-blank in the face, and the head of Garners'
one-month-old daughter was grazed. The couple's other two other children aged 7
and 5 were unhurt.
Garner has a good chance of regaining custody of his children, who have been
with his slain wife's sister, Sonja Hanschu. She filed a wrongful death lawsuit
against Garner this week.
--------------------------------------------------------
The following four news articles all appear courtesy of the 7/17/99 online
edition of The Denver Post newspaper:
Garner cleared in slayings
By Jason Blevins
Denver Post Staff Writer
July 17 - CASTLE ROCK - After spending more than 18 months in jail accused of
three murders, James Garner walked out of a Douglas County courtroom a free man
on Friday.
The same jury that sent a note to District Judge Thomas Curry indicating its
inability to reach a unanimous decision Thursday took only two hours Friday -
the fourth day of deliberations - to reach a verdict.
Garner, 39, was found not guilty of killing his wife, Lisa, and her parents,
Mary Ann and David Hanschu, as they slept in the early morning hours of Jan.
19, 1998. He also was found not guilty of attempting to murder his 1-monthold
daughter, Sofie, whose head was grazed by a bullet as she lay in her mother's
arms.
Garner's sister, Cindy Thierault, burst into tears as the verdict was read in
the tense, tightly packed courtroom. Teary-eyed defense lawyers grabbed
Garner's trembling hands as Curry read the four not-guilty verdicts.
The nine men and three women on the jury refused to comment as they scrambled
from the courthouse. One juror, when asked if he was willing to talk, said,
"There's been too much chatting lately.''
Later in the day, however, Steve Rabung, the jury foreman, said, "We weighed
all the evidence. And after direct examination of all the physical and
circumstantial evidence, we had to look each other in the eye and say, "Is this
beyond a reasonable doubt?'
"The obvious answer was no.''
An emotional Garner, surrounded by his equally moved defense team, said, "I'm
really pretty choked up right now. I'm just glad the truth came out and the
jury found the truth. No one could ever describe what (the past 18 months) have
been like. I'm happy to have this whole process done with, and I just want to
see my kids.''
Sydney, 7, and Sayde Garner, 5, have been living with Sonja Hanschu, Lisa
Garner's sister, since the slayings. Hanschu on Monday filed a wrongful-death
lawsuit in Douglas County District Court against her former brother-in-law. The
suit also contains a temporary restraining order against Garner, prohibiting
him from seeing his daughters.
"The children will remain in protective custody, with all restraining orders in
effect until all issues have been reviewed,'' said a news release from the
Douglas County Department of Human Services. "In the near future, the
department will present legal motions and treatment plans to the court that
will protect the children and be in their best interest.''
A defiant Garner, his face turning crimson, said, "I'm going to get my children
back.''
While defense attorneys David Wymore, Cary Lacklen and John Portman rejoiced in
their victory, tearfully hugging and embracing one another and Garner,
prosecutors Paul King, Eva Wilson and John Jordan retreated to their courthouse
offices.
"The district attorney's office and the sheriff's department are very
disappointed. We are absolutely confident we had the three best prosecutors in
the state on this,'' said Mike Knight, spokesman for the 18th Judicial
District. "There were no other viable suspects, other than Mr. Garner, that
surfaced in this case.''
The prosecution took almost seven weeks to present its case, which was based
largely on circumstantial evidence. With physical evidence scarce, prosecutors
pointed to an impending financial crisis and a crumbling marriage as Garner's
impetus to kill his wife and in-laws.
The defense team, led by Wymore, pointed to overlooked evidence, including an
unidentified thumbprint and palm print found in the Hanschus' Lone Tree
townhome, as indicative of a bungled investigation that focused solely on
Garner and ignored other suspects.
"Thank God for the jury system in America,'' Wymore, his chest heaving, said
moments after Curry read the jury's verdict. "I'm glad the jury stuck to the
facts, or the lack of facts, in this case. (The prosecution) ignored,
manipulated evidence to make it look like James Garner was guilty. That is a
really scary thing.''
Garner said he had "absolute and complete trust'' in his defense team - even
when Wymore argued for a mistrial after the jury sent its "we are a hung jury''
note to the judge, which would have meant another two years of litigation and
another two years in jail for Garner.
"I couldn't have asked for any more of these guys,'' Garner said. "They gave
their heart and soul.''
----------------------------------------------------
Investigators acknowledge mistakes
By Jason Blevins
Denver Post Staff Writer
July 17 -CASTLE ROCK - After the not-guilty verdict was read, a gag order
imposed on James Garner's triple murder trial was lifted, allowing
investigators and lawyers to address a number of issues outside the courtroom.
Both police and prosecutors expressed disappointment Friday in the verdict and
acknowledged that some mistakes were made in the investigation. Those mistakes
fueled the defense's primary argument that police fumbled the investigation and
ignored evidence.
"Those mistakes were smallscreen stuff. They had nothing to do with the case.
We solved this case. I guarantee you that,'' said Douglas County Sheriff Steve
Zotos. "We just didn't have enough to convict him.''
More than 100,000 documents were secured in the investigation. More than 1,000
interviews were conducted. But the case against Garner involved mostly
circumstantial evidence requiring lengthy introductions and explanations.
Sheriff's investigators and prosecutors talked Friday about key rulings that
limited the evidence they could present to the jury. "I think there was
significant information I thought they should have had,'' Zotos said.
Zotos said that information included in-depth analysis of Garner's financial
situation, which prosecutors contended was an impetus that pushed Garner to
murder.
Also prohibited, Zotos said, was a metallurgical examination of .380-caliber
Winchester bullets found in a trailer once owned by Garner's father that
matched the slugs that smashed through the faces of Lisa Garner and her
parents.
Also, information about Garner's alleged attempt to fake his death and change
his identity when he was faced with a "massive financial crisis'' in Kansas
City in 1993 was ruled not admissible in the trial, Zotos said.
"It showed that when he had financial problems, he did desperate things,''
Zotos said.
When sheriff's investigators traveled to Oklahoma to interview the man who had
purchased Alan Garner's R.V. trailer from Mary Sue Garner after her husband
died in March 1993, they found a box of bullets that matched the type of
bullets that killed Lisa Garner and her parents. Garner's defense attorney,
David Wymore, said that more than 225 million .380-caliber Winchester
cartridges are made each year.
But FBI forensic specialists in Quantico, Va., determined the bullets found in
the trailer were made the same day, in the same lot of bullets, as those found
at the murder scene.
According to an FBI report unsealed in February 1998, Garner, faced with
souring business deals, searched obituaries for an infant male born near his
birthdate. It was 1993 and Garner was living in Kansas City with his wife and
7month-old Sydney and reportedly wanted a new identity in face of a crumbling
marriage and a financial crisis.
The plan ultimately failed when authorities caught Garner trying to get a
Social Security card and driver's license in Oklahoma under the name Thomas
Fels Trenton.
"Some of the judge's rulings prohibited us from giving the jury some
information,'' said a dejected Paul King, the assistant district attorney who
led the prosecution. "It was certainly a circumstantial case.''
And it was the defense that eventually won over the jury of nine men and three
women. By grilling investigators, spotlighting their mistakes and introducing
overlooked evidence, Wymore effectively derailed the prosecution's case.
The sheriff's office initiated several changes stemming from mistakes made in
the Garner investigation. Because an investigator taped over more than 1 hours
of Garner's initial interrogation - a blunder exploited by Wymore - the
sheriff's office now uses state-of-the-art recorders.
Wymore argued that the crime scene had been altered, pointing to several
photographs that showed bloody beds with and without blankets. When he grilled
crime-scene technicians, they said they were not sure of the correct sequence
of the photographs. So the sheriff now uses cameras that digitally mark dates
and times onto pictures.
----------------------------------------------------------------------
Jury had doubts, foreman says
By Jason Blevins
Denver Post Staff Writer
July 17 - CASTLE ROCK - The foreman of the jury that acquitted James Garner on
Friday said the "beyond a reasonable doubt'' burden required for a conviction
"simply was not met by the prosecution.''
"The court instructed us: Did the prosecution prove beyond a reasonable doubt
that James Garner committed these crimes?'' said Steve Rabung, who spent nine
weeks in the jury box. "Both the prosecution and defense did great jobs. But we
just could not answer that question "yes.' ''
No one piece of evidence swayed the jury, he said. Rather, the decision to
exonerate Garner came after spending more than 25 "mentally, emotionally and
physically exhausting'' hours in deliberation, Rabung said.
"After direct examination of all the physical and circumstantial evidence, we
had to look each other in the eye and say, "Is this beyond a reasonable doubt?'
'' he said. "The obvious answer was "no.' ''
Rabung said the nine men and three women on the jury were exhausted Thursday
when he sent a note to Judge Thomas Curry indicating they could not reach a
unanimous decision. "A couple of camps that were entrenched'' in their
interpretations of the evidence forced the note, he said.
Curry asked jurors if a night's rest might help them reach a consensus, and
Rabung, after glancing at his peers, said yes.
"I felt we owed it to the court, we owed it to the prosecution and we owed it
to Mr. Garner to give it another try,'' he said. "We came back with some
clearer minds and some clearer thought patterns.''
When the jury began deliberating Tuesday morning, nine weeks of emotion and
personal observations poured out.
"After being bottled up for nine weeks, it was pretty much a Niagara Falls-type
gushing of talk,'' Rabung said. "We allowed time for everybody to have their
say.''
With the release of sentiment built up from nine weeks of testimony and
studying gut-wrenching photographs, the jurors were able to begin an "objective
weighing of the evidence,'' Rabung said.
"I have a real faith in the jury selection process,'' he said. "We all worked
really well together. . . . We became pretty close. It was all about
perseverance.
"We had to persevere, and we did. It was definitely a life-changing
experience.''
-------------------------------------------------------
Verdict no solace for neighbors
By Jason Blevins
Denver Post Staff Writer
July 17 - LONE TREE - For the residents of the well-manicured Muirfield Villas
subdivision, Friday's not-guilty verdict in the murder trial of James Garner
means one of two things.
Either a guilty man got away with murder in the slayings of David and Mary Ann
Hanschu and their daughter, Garner's wife, Lisa, or someone else has managed
these 545 days to shirk the attention of local and federal investigators and is
still at large.
Neither possibility makes for much comfort here, and the verdict now forces
these suburbanites to rethink what may have happened that January night and how
they should think about their community on the metro area's southern fringe,
where homeowners' covenants ensure a neat, ordered aesthetic but a gruesome
triple slaying has gone unsolved.
"I'd imagine some people are outraged, because they need to believe he did
it,'' said one woman, who refused to give her name. "But wouldn't you have had
trouble on that jury panel, without a murder weapon or witnesses or a history
of violence or anything, finding him guilty? That's a man's life. I'd surely
rather not convict someone than convict them on circumstance.''
While that neighbor said she never fully decided that Garner was guilty, many
here Friday said they suspected just that.
Glen Zwink, who lives two doors up from the former home of the Hanschus, said
he thought Garner probably did it but that investigators just couldn't build a
strong enough case to convict.
"I think most of us feel that he's guilty,'' he said. "They just didn't have
the evidence. So, no, I'm not surprised (by the not-guilty verdict). But I
think they did the best they could with what they could find.''
One neighbor, who lived two doors from James and Lisa Garner's rented home on
the cul-de-sac at the other end of the Hanschus' street, said she was angered
by Garner's exoneration.
"I can't imagine anybody else (who would have done it),'' she said. "I really
can't.''
No matter what their opinion of the verdict, all the neighbors contacted by The
Denver Post on Friday described their remaining need for closure, for a sense
that the tragedy was behind them.
"I just hope he is in fact innocent, if he got off,'' said a neighborhood woman
who also withheld her name. "Because if he's guilty and he's free . . . I just
hope the jury knew what they were doing.''
She said neighbors' sorrow over the slayings - David Hanschu was a member of
the homeowners' association board of directors and by all accounts was a
popular, wellliked neighbor - has only reintensified over the past eight weeks
with the daily news of Garner's trial.
"You look down there and you still see their bird feeder out there, and you
think about them,'' she said. "The Hanschus knew everybody. They were friendly,
wonderful, wonderful people. That's what makes it so hard.''
-----------------------------------------------------------
The following appears courtesy of the 7/17/99 online edition of The Denver
Rocky Mountain News newspaper:
Jurors find Garner not guilty
2 hours after motion for mistrial, verdict frees father of 3 in death of wife,
in-laws
By M.E. Sprengelmeyer
Denver Rocky Mountain News Staff Writer
CASTLE ROCK -- James Garner hugged his attorneys and walked out of court a free
man Friday after a jury found him innocent of killing his wife and in-laws.
Just two hours after defense lawyers asked to have a mistrial declared, jurors
returned with verdicts finding Garner not guilty in the deaths of his wife,
Lisa, and her parents David and Mary Ann Hanschu, on Jan. 19, 1998, in a Lone
Tree townhouse.
Garner, who recently spent his 40th birthday in jail, strolled out the front
door of the courthouse with a wide smile.
"I've been thinking about that for almost 18 months now," Garner said of his
walk to freedom.
He could have faced the death penalty if convicted, but Garner said he was more
confident than his own attorneys during deliberations.
"I'm just very happy to have this whole process over with," he said. "I just
want to see my kids."
Garner has not been able to talk to his three daughters since the killings.
His family had been staying at his in-laws' townhouse while they prepared to
move into a $600,000 house they were building. Garner told investigators he was
up all night moving items inside the new house when he returned after 5:30 a.m.
and found his family dead.
David Hanschu, 64, and Mary Ann Hanschu, 62, had been shot in their upstairs
bedroom, and Lisa Garner, 37, was shot in her bed downstairs. Under her body
was the couple's infant daughter, Sofie, who was grazed by a bullet but
survived. Garner's other two daughters were sleeping in a bedroom near their
mother's.
Prosecutors portrayed Garner as a desperate man who killed his family over
money problems and a crumbling marriage. But after eight weeks of testimony and
more than three days of deliberations, jurors were left with too much doubt,
said jury foreman Steve Rabung.
"It wasn't any one piece of evidence that left us with reasonable doubt. There
were many areas of reasonable doubt," Rabung said.
He said jurors wondered about missing segments of Garner's tape-recorded
interrogation by police. Defense attorneys raised suspicion because
investigators said they accidentally taped over more than an hour of the
seven-hour interview.
"Another area was the physical evidence part of the case tying him to the crime
scene," Rabung said. "There was a lack of it."
Prosecution witnesses testified that gunpowder residue was found on Garner's
forehead, suggesting he fired a gun, but "We felt it was a very inconclusive
area of hard evidence and a very inexact science," Rabung said.
Prosecutors and investigators said they still believe Garner killed his family.
"Both the investigation and the evidence presented did not point to any other
viable suspects," said District Attorney Jim Peters.
"We solved the crime, I can guarantee you that," said Douglas County Sheriff
Steve Zotos. "We just didn't have enough to convict him."
Lead defense attorney David Wymore accused investigators of rushing to judgment
and ignoring evidence that an intruder killed the family, including a thumb
print on a deadbolt latch, and footprints on Lisa Garner's bed. He also accused
prosecutors of mishandling evidence. During the trial, an evidence technician
was grilled because she changed a date on an evidence tag just before
testifying.
Douglas County Sheriff Steve Zotos said he was not surprised the defense put
investigators on trial.
"That seems to be the mode for defense attorneys in this day and age," Zotos
said. "To me, that's all smoke screen stuff. I'm very dis appointed."
Standing with attorneys outside the courthouse, Garner acknowledged that some
people might think he got away with murder.
"That's their belief," he said sternly. "I know the truth, and the truth was
heard."
Because of widespread media coverage, Garner said he will probably not stay in
the area as he tries to get on with his life.
"Taken away from my children, being accused of this, no one could ever describe
this," he said.
Wymore said he was playing it safe Friday morning when he asked for a mistrial.
He objected to how jurors were sent back to continue deliberations after
sending a note Thursday that they were deadlocked.
Because of the death penalty, "It's a very scary thing," Wymore said. "In
defense work, you can't waive anything or you may waive it all the way to the
gas chamber.
Prosecutors fought the mistrial motion, which Judge Thomas Curry rejected.
"Both sides, if they were predicting the outcome, were wrong," said legal
analyst Scott Robinson, a Denver attorney. "I'm never shocked or surprised by
what a jury does."
"The verdict is explainable," Robinson said. "They had no smoking gun, had a
questionable motive and equivocal evidence. There are two possibilities at this
point. Either an innocent man was properly acquitted, or a guilty man goes free
for lack of adequate evidence."
July 17, 1999
-----------------------------------------------------------
The following appears courtesy of the 7/15/99 online edition of The Denver
Rocky Mountain News newspaper:
Sister-in-law sues accused killer
Woman files civil suit against James Garner in slaying of sister, parents in
early 1998
By M.E. Sprengelmeyer
Denver Rocky Mountain News Staff Writer
CASTLE ROCK -- While a jury continues to deliberate the fate of murder suspect
James Garner, he now faces a wrongful death lawsuit from his former
sister-in-law.
Sonja Hanschu filed the lawsuit in Douglas County District Court on Monday,
when jurors were hearing closing arguments in the eight-week trial.
Garner is accused of killing his wife, Lisa, who is Sonja's sister, and their
parents, Mary Ann and David Hanschu on Jan. 18, 1998, in a Lone Tree townhouse.
The jury completed a second day of deliberations Wednesday night without
reaching a verdict.
Since the three deaths, Sonja Hanschu has been taking care of the Garners'
three surviving daughters, including 1-year-old Sofie, who was grazed by a
bullet and found covered with blood under her mother's body.
Sonja Hanschu's attorney, Stephen Baity, said the lawsuit is to hold Garner
responsible for the deaths of her parents only. State law does not permit her
to sue for the loss of her sister.
"We're seeking what she is entitled to under the Colorado wrongful death
statute," Baity said Wednesday, declining to discuss specifics or the timing of
the lawsuit. "Obviously, until the jury comes back, I don't want to comment on
that. If he is acquitted, we have some things to talk about."
Because of a gag order, Garner's public defenders and the prosecutors cannot
discuss the case with reporters.
The lawsuit is similar to one filed in California by victims' families after
O.J. Simpson was acquitted in the deaths of his estranged wife, Nicole Brown
Simpson, and Ronald Goldman.
As happened in that case, Garner could be found innocent of murder but liable
to pay damages in civil court.
"Even if there were to be an acquittal, it would not make any difference," said
Denver attorney William Hunsaker. "It's a lower burden of proof than in a
criminal case."
In criminal trials, jurors must be convinced "beyond a reasonable doubt" to
convict. In civil cases, it only takes a "preponderance," or majority of the
evidence to win a judgment, he said.
Prosecutors believe Garner was under stress from financial troubles and a
crumbling marriage before the killings. Defense attorneys say the prosecution's
case is based on suspicion but not hard evidence.
The jury is scheduled to resume deliberations this morning.
July 15, 1999
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Cindy
hard time keeping up on this case.
Cindy
Joe1orbit <joe1...@aol.com> wrote in article
<19990717130229...@ng-bh1.aol.com>...
Joe1orbit
>This is absolutely unbelievable.
Hello Cindy,
Well, it is rare to see an amerikkkan jury actually FOLLOWING constitutional
mandates and giving a defendent the presumption of innocence that all
defendents are entitled to.
> thanks for the posting.
My pleasure.
> I have had a
>hard time keeping up on this case.
The Denver Post and Denver Rocky Mountain News are both good, daily, online
newspapers that have provided good coverage of this case. You can find them
both using the AJR newspaper database, by following the logical links from:
http://ajr.newslink.org/news.html
Take care, JOE
>Cindy
Jenenesays
off at the mouth and i leave a educated reply.then i read this article i am a
little worried i mean i know that literally thousands have access to this site
but can there really be this many idiots with a p.c. so you can imagine how
relieved i was to find out this was written by the same lunatic, JOE ARE YOUR
NEIGHBORS DOGS TELLING YOU THAT YOUR THOUGHTS ARE RELEVANT TO ANY DAMN THING.
hey maybe David B. is looking for a roomate you have so much in common. GET
HELP,therapy may be able to help psychos like you before you actually do
something.
Joe1orbit
Hello Piece of Human Garbage,
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