Page 1 of 2 12 LastLast
Results 1 to 10 of 19

Thread: Garland Joseph Nelson Sentenced to LWOP in 2019 MO Slaying of Nicholas and Justin Diemel

  1. #1
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875

    Garland Joseph Nelson Sentenced to LWOP in 2019 MO Slaying of Nicholas and Justin Diemel


    Justin and Nicolas Diemel





    State seeking death penalty in case of Diemel brothers


    By Matt Hoffman
    News-Press Now


    The state of Missouri is seeking the death penalty for accused killer Garland Joseph Nelson, defense attorney Patrick Berrigan confirmed.

    Nelson is accused of killing two Wisconsin brothers, Nicholas and Justin Diemel.

    Nelson has a new judge and new attorneys, including Berrigan, Missouri CaseNet records show.

    A search of CaseNet records indicates Judge Kevin Walden has been assigned to handle Nelson's case. The previous judge in the case, Brent Elliot, ordered the change of judge.

    Walden handles cases in the 8th circuit, Carroll and Ray counties, according court records. He was appointed to the circuit court in 2017 by then-Gov. Eric Greitens, according to a news release.

    Devon Pasley and Thomas Jacquinot are joining Berrigan to complete Nelson's new defense counsel.

    According to the Missouri State Public Defender's website, Berrigan handles cases "almost exclusively devoted to the defense of indigent persons charged with capital murder."

    One of Nelson's previous public defenders, who is still listed as a member of his defense team, had filed a motion to change the venue of Nelson's proceedings.

    It wasn't immediately clear Wednesday if that request had been granted.

    https://www.newspressnow.com/news/lo...fbc8f9f4c.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #2
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Nelson requests permission to be unshackled during court appearances

    By Matt Hoffman
    News-Press NOW

    An accused killer is asking a Northwest Missouri court to allow him to attend pretrial court proceedings without handcuffs.

    Garland Nelson, a man charged with killing Nicholas and Justin Diemel, made the motion in Caldwell County court on June 25.

    “Occasionally, in high profile cases, counsel has observed defendants appearing in full shackles before the bench, especially in pretrial proceedings,” Patrick Berrigan, one of Nelson’s defense lawyers, wrote in a court filing. “It is that practice which the defense seeks to avoid in this case, a practice wholly at odds with the presumption of innocence.”

    Berrigan made reference to media coverage of the case in support of Nelson’s motion.

    "Although pretrial hearings in this case will be before (a judge), not a jury, this case has generated substantial publicity in Caldwell County and beyond,” Berrigan wrote. “It is a virtual certainty that one or more media representatives will cover pretrial proceedings, and that photos and film footage will be taken of the accused entering or leaving the courtroom at the very least.”

    Pictures or videos of Nelson in shackles would be “wholly inconsistent” with the idea that Nelson is presumed innocent, Berrigan wrote.

    Nelson is accused of killing the brothers over a cattle business deal. His last court appearance was canceled about an hour before its scheduled start. A review of online court records indicates Nelson’s next court date has not yet been scheduled.

    Berrigan previously confirmed to News-Press NOW that the state is seeking the death penalty in the case.

    https://www.newspressnow.com/news/lo...30ed6edf0.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #3
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Edited:

    Case against man charged in Diemel brothers killings moved to another county

    By WBAY News Staff

    JOHNSON COUNTY, Mo. (WBAY) - The case against a man charged in the killings of two Shawano County brothers in Missouri has been moved to another county.

    Online court records show a change of venue in the Garland “Joey” Nelson case. The court on Tuesday transferred the case from Caldwell County, where the crime happened, to Johnson County. Johnson County is located about two hours south of Caldwell County.

    Defendants often request a change of venue when they feel they cannot get a fair trial due to publicity or other reasons. No future court hearing was listed.

    Reports state Missouri plans to seek the death penalty against Nelson.

    https://www.wbay.com/2020/09/16/case...nother-county/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #4
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Garland Joseph Nelson appears in court, has several motions denied, others are granted

    KTTN News

    A motion hearing was held in Johnson County Tuesday, October 20th for a Braymer man charged with two felony counts of murder—first degree in the deaths of two brothers from Wisconsin. Online court information shows the court ruled on seven motions regarding Garland Joseph Nelson after hearing arguments.

    Motions denied included for an order permitting him to appear in street clothes at all pre-trial court proceedings, to permit him to be unshackled, to dismiss the abandonment of a corpse charge or amended information, and for cameras in the courtroom at all proceedings as to pre-trial proceedings. Motions granted for Nelson included to record or transcribe all court proceedings and to require him to be present for all court proceedings unless unforeseen issues arise. The court passed a motion for confidential contact visits between the defense counsel and Nelson at Nelson’s request. His next court appearance is scheduled for December 1st.

    Nelson has also been charged with two counts each of tampering with physical evidence in a felony prosecution and armed criminal action. He also faces charges of tampering with a motor vehicle—first degree and unlawful possession of a firearm.

    Nick and Justin Diemel were reported missing in July 2019 after traveling to Braymer to collect on a cattle debt.

    A probable cause statement accused Nelson of shooting the brothers, putting their bodies in 55-gallon barrels, and burning their bodies. The Caldwell County Sheriff’s Office previously reported the remains were found in Missouri and Nebraska.

    https://www.kttn.com/garland-joseph-...s-are-granted/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #5
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Related:

    Braymer man facing murder charges in death of Diemel brothers now faces charges of stealing a motor vehicle

    KTTN News

    A Braymer man charged with two counts of first-degree murder in the deaths of two brothers from Wisconsin now faces a charge of stealing a motor vehicle after a semi-tractor was allegedly stolen from a residence in Braymer in September.

    Twenty-six-year-old Garland Joseph Nelson is being held on no bond on the recent charge, and a plea or trial setting is scheduled in Caldwell County on November 5th.

    A probable cause statement from Sergeant Tony Kirkendoll of the Caldwell County Sheriff’s Office accuses Nelson of convincing another man he owned a semi-tractor that had been sitting at a residence in Braymer. He allegedly told the person he owned the vehicle to have it removed without the actual owner’s consent or permission. Law enforcement found the vehicle at a residence in Marceline.

    Kirkendoll reports Nelson said he purchased the semi-tractor for $500 from someone who was also incarcerated at the time. That inmate claimed he lived across the street from where the semi was sitting, and he did not know what Nelson was talking about.

    In the case involving the murder charges, Nelson is scheduled for a motion hearing in Johnson County on December 1st. He also faces two counts each of abandonment of a corpse, tampering with physical evidence in a felony prosecution, and armed criminal action as well as one count each of tampering with a motor vehicle—first degree and unlawful possession of a firearm.

    A probable cause statement accuses Nelson of shooting Nick and Justin Diemel, putting their bodies in barrels, and burning their bodies.

    https://www.kttn.com/braymer-man-fac...motor-vehicle/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #6
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Edited:

    Trial set for Missouri man charged with murdering Shawano County brothers

    By WBAY News Staff

    JOHNSON COUNTY, Mo. (WBAY) - A jury trial has been scheduled for 2022 for the Missouri man charged with killing the Diemel brothers from Shawano County in Wisconsin.

    Garland Nelson appeared in Johnson County Court Thursday. The court scheduled a three-week jury trial to begin Feb. 7, 2022.

    If convicted of Murder in the 1st Degree, Nelson would face the death penalty under Missouri statute.

    Nelson is charged with two counts of Murder in the 1st Degree for the deaths of Nick Diemel and Justin Diemel, owners of a livestock business in the Bonduel area.

    https://www.wsaw.com/2021/01/21/tria...unty-brothers/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #7
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Accused double murderer will have April trial on stealing charge

    By Matt Hoffman
    News-Press NOW

    Garland Joseph Nelson, a Northwest Missouri man accused of double murder, will face trial next month for a lesser charge of stealing a motor vehicle.

    The trial is legally separate from the one he'll face in 2022 for capital murder, though the lesser charge stems from his time in Caldwell County Jail because of the murder case.

    Nelson is accused of coercing someone outside of the jail to retrieve a trailer, according to court documents. Nelson has been jailed since July of 2019, though the stealing charge was filed on Oct. 30, 2020.

    Prosecutors and Nelson's defense team agreed this initial trial will take about two days, beginning on April 20 or 21, 2021.

    Both the initial trial and the murder trial will take place in Johnson County, Missouri. Nelson's case was moved from Caldwell County, where Nelson lives in Braymer, Missouri, to Warrensburg, Missouri, because of pretrial publicity.

    According to a probable cause statement, Nelson told a fellow detainee at the Caldwell County Detention Center that he had purchased the trailer for $500, though police said Nelson never owned the trailer.

    Sgt. Tony Kirkendoll of the Caldwell County Sheriff’s Office will apparently testify in the stealing case after a subpoena was issued, according to online court records.

    On Wednesday, Nelson's primary defense attorney, Patrick Berrigan, asked the judge to require the prosecution to turn over all exhibits and a list of witnesses to be called in the stealing trial within 10 days. That request was granted.

    Police reports, audio interviews and phone calls had already been turned over to the defense, Berrigan said.

    Outline of capital murder trial takes shape

    After discussing the stealing case, lawyers argued over the contours of Nelson's capital murder trial.

    The capital murder trial will begin in one year on March 3, 2022. Both the defense and prosecution agreed potential jurors would need to fill out an extensive questionnaire prior to being impaneled.

    Judge Michael Wagner said he'd contact the University of Central Missouri to procure a larger venue for "voir dire," the process in which jurors are questioned and eventually selected.

    Wagner ordered the parties to file a joint scheduling order, outlining any pretrial deadlines, by March 15. Nelson will next appear in court that day at 1:30 p.m. so lawyers can update the judge on any outstanding issues.

    Nelson is accused of shooting Nicholas and Justin Diemel, two Wisconsin brothers, over a $250,000 cattle deal. After their death, Nelson is accused of disfiguring their bodies.

    He's entered a not guilty plea to all charges.

    https://www.newspressnow.com/news/lo...ac4d0a386.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #8
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Pre-trial conference set for May 2, murder trial set for June 6 in case involving death of Diemel brothers

    KTTN News

    Braymer resident Garland Joey Nelson will have his murder trial sooner than previously scheduled. At a hearing on Tuesday in Johnson County Circuit Court in Warrensburg, a three-week jury trial is now set to begin June 6, 2022. The trial was previously was listed for February of next year. Online information shows a case review is March 29th and the pre-trial conference is May 2nd.

    Nelson faces ten felony counts stemming from the disappearance and death in July of 2019 of two brothers, Nick and Justin Diemel, from Wisconsin. The charges involve two counts each of murder in the first degree; abandonment of a corpse; tampering with physical evidence; and armed criminal action. Nelson is charged with one count of tampering with a motor vehicle and unlawful possession of a firearm – all listed from July 21st of 2019. Charges were initially filed in Caldwell County where the crimes occurred but the case was moved on a change of venue to be heard before Special Judge Michael Wagner in the Johnson County Circuit Court.

    In a separately-filed case, Nelson is charged with stealing a motor vehicle by allegedly convincing another man that he, Nelson, owned a semi-tractor parked at Braymer and requested it be moved without the actual owners’ consent.

    A jury trial is still scheduled next month, beginning April 20th. On March 29th, the court is to hear a discussion between the parties on expanding jury questionnaires and to have what’s called a media review. Defense attorneys are objecting to cameras in the courthouse.

    https://www.kttn.com/pre-trial-confe...emel-brothers/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #9
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Double-murder suspect had extensive history of writing bad checks

    By Matt Hoffman
    News-Press NOW

    Garland Joseph Nelson has an extensive history of writing bad checks, and prosecutors say his last one lead to an alleged double homicide.

    News-Press NOW reviewed court documents that show Nelson owed money to multiple individuals after writing checks he couldn’t cover.

    “He was turned in several times and nobody did anything about it,” Pam Diemel, the mother of two Wisconsin brothers allegedly killed by Nelson, said. “It could have been prevented.”

    Online court records show Nelson pled guilty to two different counts of passing a bad check in 2015.

    A bankruptcy filing shows Nelson wrote a $1,111 bad check to a Hamilton, Missouri woman in 2014.

    He wrote bad checks to a nearby veterinary service for $266.20, and one for almost $300 to a sandwich shop.

    While those checks were for relatively small amounts, officials allege Nelson owed the Diemels a significant sum of money.

    Prosecutors allege in court documents that Nelson killed Nick and Justin Diemel, the two brothers from Wisconsin, after the pair arrived at his farm to collect over $200,000.

    A recent federal indictment returned by a grand jury indicates Nelson sent a severely damaged check by FedEx to the Diemels in June of 2019.

    Prosecutors said an envelope that contained the check wasn’t damaged, and they allege Nelson purposely damaged the check — made out for some $215,936.

    Prosecutors allege Nelson only had 21 cents in his bank account and the check was intentionally voided to buy Nelson more time.

    The next month, Nick and Justin flew from Wisconsin to Missouri where they rented a truck and drove to Nelson’s farm in Braymer, Missouri.

    State and federal prosecutors say the brothers didn’t survive that encounter. Nelson is charged with two counts of first degree murder, for which prosecutors are seeking the death penalty.

    Nelson has entered a not guilty plea, and has denied any wrongdoing through his lawyer.

    Until this week, Nelson had only faced charges in state court. On Tuesday, federal prosecutors announced their indictment for one count of mail fraud, though they incorporate many of the same allegations as the state case.

    Kate Mahoney, chief of the fraud and corruption unit for the United States Attorneys Office Western District of Missouri, told News-Press NOW that the feds wouldn’t have access to Nelson until his state case ends.

    Nelson is scheduled for a capital murder trial in June of 2022.

    https://www.newspressnow.com/news/lo...a52dcafcf.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #10
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Man accused in double murderer has new trial date on lesser charge

    By Matt Hoffman
    News-Press NOW

    A Northwest Missouri man facing capital murder finally has a new trial date for a lesser charge.

    Garland Joseph Nelson, from Braymer, Missouri, is accused of killing two Wisconsin brothers over a cattle deal.

    He's been imprisoned since July of 2019 on the murder charges, though he's also accused of orchestrating the theft of a tractor-trailer from inside the jail. Nelson will face a trial on the stealing charge on Aug. 3.

    Prosecutors, Nelson's defense team and a judge have wrestled over the timing of each of the trials. The stealing trial was supposed to start on April 20, but it was delayed.

    Judge Michael Wagner, the Johnson County judge handling Nelson's case, granted the defense's request earlier this month to hold the stealing trial within 120 days.

    It was Nelson's defense team who objected to the stealing trial beginning without the media, victim's advocate or any other members of the public being present for the start of jury selection.

    Members of the public were going to be allowed into the courtroom after jury selection was completed, but the judge granted the defense's request to delay the trial.

    The delay of the April stealing trial was prompted by COVID-19 restrictions. Once potential jurors filled the courtroom and were socially distanced, Judge Wagner said no room was left for members of the public.

    COVID-19 restrictions were lessened by the Missouri Supreme Court on June 15. The court's order gives local judges more discretion to determine proper precautions.

    The courtroom in Johnson County, where Nelson's trials have been moved because of publicity, is fairly small. The courthouse does not have the capability to house members of the public in a separate courtroom and pipe in video and audio through a closed-circuit system.

    Such audio and video systems have been used in larger courthouses, like Jackson County, to allow more members of the public to be physically present.

    Before his trial on the stealing charge, Nelson will appear in court on July 6 for a pretrial hearing. News-Press NOW has formally requested a camera be allowed to film trial proceedings.

    Prosecutors previously said in court filings that they could introduce nine MP3 files containing recorded phone calls from the jail where Nelson is being held.

    In the capital murder case, Nelson will face trial in June of 2022. Jury selection for that case is expected to utilize larger spaces at the University of Central Missouri.

    https://www.newspressnow.com/news/lo...22bcc9411.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

Page 1 of 2 12 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •