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| Rambo Hooser, 20, standing left, confers with his attorney Craig Shannon during his trial on a deliberate homicide charge in the death of Seeley Lake Elementary School teacher Cliff Nelson, 49, on Sept. 30, 1996. Hooser, at right, is embraced by family and friends following a "not guilty" verdict on Friday, May 30, 1996. |
Everyone denies knowledge of Nelson murder
by Karen Lyncoln
Seeley Swan Pathfinder
May 29, 1997The prosecution called 10 witnesses Tuesday, the first day of testimony in the Rambo Hooser trial after the Memorial Day recess. Missoula County Attorney Robert L. Deschamps asked each witness, " Do you know who shot Cliff Nelson and shot out the high school windows?" Each witness replied no.
Zack Nentwig testified that he had thrown away a sawed-off shotgun owned by Jon Williams, at the request of Williams. He later led Defense Attorney Craig Shannon to the gun where it was recovered on Archibald Mountain and entered into evidence during the trial. Jesse Shoupe testified that Hooser had sold the shotgun intact to Williams and that Williams had cut both the stock and the barrel so closely that the shotgun fit into a shopping bag.
Marchelle Mudrow Castillon and Michelle Lindsey both testified about Hooser's and Livingston's activities at the Saloon after the party at the 4 x 4 Trail. Lindsey, the bartender at the Saloon, stated that Livingston asked her for 2 shots for the price of one and she responded, "If you can't afford to drink in a bar, why are you here?" She further stated that she became concerned that either Hooser or Livingston might damage her car when they left the bar together. Castillon testified that, at Lindsey's request, she went to the window in the bar's door to see if either of the men were near Lindsey's vehicle. She stated that she thought she saw two people in a "big white car" and went back to her seat before the car left the parking lot.
Melissa Baker was also called as a prosecution witness on Tuesday. She stated that she had not had anything to drink at the 4 X 4 Trail party because she had to go the school the next morning. Baker stated that on April 18, 1997, she had hand copied a page of Andrew Gideon's journal which he had written September 30, 1996, the day Cliff Nelson was murdered, and given it to Shannon. After a bench conference between attorneys and District Court Judge Ed McLean, the page was entered in as evidence. Baker read Gideon's remark about hearing 2 shotgun blasts at approximately 1:30 a.m. near his home at the back of the high school. She also read his journal entry stating that he was "97% sure it was a truck that sped away". Upon a redirect question from Deschamps, Baker stated that Gideon allowed students to read his journal when they had free time during school.
The testimony of witnesses who attended the 4 X 4 party was often contradictory about who attended, what cars were driven, what time events unfolded, and where people went after the party. Witnesses agreed that Rambo Hooser was at the party, that he drank but was not drunk, and that he and Matt Livingston went to the Saloon after the party.
Heather Coppock of Potomac testified that Matt Livingston called her sometime before 2:00 am on September 30, 1996, and a second time several days later to tell her that the police had identified him as a suspect in Nelson's murder and that they would probably call her about his first phone call. "He told me to tell the truth," Coppock stated about Livingston's second call.
Shannon identified discrepancies in several witnesses' testimony presented at Tuesday's session with previous statements made to law enforcement agencies and in interviews that he recorded with witnesses. For example, in her interviews with police and a later interview with Shannon, Tricia Anderson did not identify Jeff Kimmell as part of the foursome that went to Jon Williams' house after the party, in contradiction to her testimony on Tuesday. During his cross examination of Anderson, Shannon asked, "Were you covering for Jeff Kimmell by not putting him at Williams' house after the party?" "No," responded Anderson.
Much of Tuesday's testimony revolved around shotguns and shotgun ammunition. Shannon questioned several witnesses about whether the police had searched their vehicles or houses for shotgun shells. Several witnesses said that the police had taken shells from them about a week after their initial interviews.
Scott Newell, Missoula County Deputy Sheriff, resumed his testimony from last Thursday from the point where he had radioed for backup before entering Cliff Nelson's trailer. Court was adjourned at 5:00 p.m. and Deputy Newell will resume his testimony at 8:00 am Wednesday morning.
Trial testimony--last 3 days.
by Gary Noland
Seeley Swan Pathfinder
June 5, 1997(Editor's note: trial testimony summaries for previous days of Rambo Hooser's trial appeared in last week's issue of the Pathfinder-May 29, 1997.)
WEDNESDAY TESTIMONY
On Wednesday (May 28) of last week, testimony resumed with Deputy Sheriff Scott Newell resuming his testimony from the previous day.
Under questioning from County Attorney Robert L. Deschamps III, Newell said detectives Tillman and Nelson arrived from Missoula around 4 a.m. and that all his work was done under their supervision.
He visited all the neighbors in the area, interviewed several people. He reported that Debbie Kittrell had heard shots around 1:30 a.m. and had seen a truck heading east on Airport Road, a truck that may have had sideboards and headlights on.
Newell said he didn't tape hearsay or rumors and didn't pursue an interview with Wayne Soss, who had reported a pickup with sideboards and parking lights on stopped in the middle of Spruce Street near his home.
Patty Dillrae found a Jim Beam bottle and bear can in a vacant lot near Nelson's house and Newell collected that as evidence. At the "4 x 4" party site, Newell collected one intact Jim Beam bottle, casette tape holder, grass pipe and parts of two other Jim Beam bottles. In earlier testimony, John Williams said he had purchased two bottles of Jim Beam, the group's alcohol of choice, from the Double Front for the party that night. Police found no connection to the other bottle found in the vacant lot.
Newell later said he had seen the yellow truck descibed by Kittrell at the Vandenburg's, but in answer to defense attorney Craig Shannon's question, Newell said he had no idea who's truck Wayne Soss had seen.
Following Newell was testimony by Shannon Rammell to substantiate police contentions that Rambo held a "grudge" against Nelson. Rammel's testimony concerned a remark by Hooser six years earlier, when the two were in Nelson's class, that Hooser would like to "blow his f-ing head off' and that he had made similar remarks about high school principal Kim Haines.
Rammell was interviewed by Deputy Sheriff Bob Parcell on Sept.30, the first day of the investigation. Under questioning by Shannon, Rammell said he had not taken the remark seriously in 1991, but had thought it serious after the murder.
CREGO'S INVESTIGATION
Thursday afternoon's testimony ended with Captain Gerald Crego who headed up the investigation.
Under questioning from Deschamps, Crego said a wallet of Cliff Nelson was missing and has never been found.
Crego described his examination of the crime scene and told Deschamps that "...based on the shotgun pattern (at Nelson's), I felt like the assailant was very tall."
On Oct. 4, Crego said he interviewed teachers at Seeley Lake Elementary, where Nelson taught, and a teacher had given him a story written by Zack Nentwig that sparked interest in him as a possible suspect, but that four days later he called Sara Houston who provided an alibi for Nentwig.
Under cross examination in Friday's concluding day of the trial, Shannon had Crego read the story, written in creative writing in 1992, titled "Kill for the Thrill." Parts of the story Crego read in court, described a person standing outside Cliff Nelson's trailer home, by his trashed Rabbit car, throwing a rock through the window, pushing Nelson back into his trailer when he came out, drilling his guts to the wall and pinning the Red List to his forehead. The passage ended with "...in my guts it was the best feeling I ever had."
HOOSER TAPE
Again on the stand Thursday afternon, Crego played a taped interview of a voluntary statement Hooser gave on October 2, three days after the murder.
It was an "accusatory interview," Crego said under questioning, one designed to get a confession if possible, and that Hooser was read his rights and told he had the right to have an attorney present.
In answer to questions, Hooser said he had been duck hunting that day (Sept. 29) with Tripp Mincey, that he had bought his shells at Dan's Discount that morning. He said Mincey was using the same type of shells, but had bought his in Missoula. Later that evening he was with the group of kids at the "4 x 4" party towards Double Arrow Lookout. He had been drinking and was feeling "pretty good." He said the group was playing music and talking, but there was no talk of school or teachers.
The party broke up becuause the whiskey was gone, Hooser said on tape. He and Matt Livingston drove Tripp's truck back to Tripp's house and then went to the Saloon in his 1986 white cadillac. They played pool at the Saloon and left because they ran out of money.
He said he drove straight home after leaving the Saloon and that Livingston walked home. At home he said he watched a movie.
Hooser said he graduated from the eighth grade, was expelled in high school and not grade school, that he was suspended a lot and moved to Arizona. He said he was expelled for drinking tequila in class.
He said Nelson was "kind of mean to al lot of people, but he did help me," and he replied that he had never said he'd kill him. He said he had talked to Nelson only two weeks before in the mall in Missoula when Nelson came over to him and some friends.
He said, "Nope" and "Pretty sure," when Crego asked him if Livingston had gotten in the car with him outside the Saloon that night. Asked if Matt Livingston had shot Nelson, Hooser replied: "I don't think so."
Hooser replied "yep" when Crego asked him if he understood his dilemma, being in the area with a shotgun and same type of ammunition, but insisted he knew nothing more than the police knew.
"No, I don't," he replied when Crego asked him if he knew who did it.
In a lengthy cross examination of Crego, Shannon led him into a series of questions indicating Hooser was "first" on the suspect list in the first days after the killing. Rambo's was the first car mentioned, the first weapon looked at, the first home visited, the first shells taken, and the first guy that didn't have a girlfriend, and the first statement taken,Shannon stated, with affirmative responses from Crego.
Shannon noted Hooser was the first "tall" person interviewed and Crego confirmed he was initially looking for a tall person based on his examination of the shot patterns at the Nelson home. Hooser is 6'6", Shannon said.
Shannon charged Crego with eliminating a large percentage of the population by focusing on a "tall" person. This could be an error, he asked Crego. "Yes," Crego replied.
Shannon also got Crego to admit he was shorthanded by the end of the first day, when Crego replied he was down to himself, but didn't call for more help that could have been available.
Shannon accused Crego of having a "mind set" against his client by the time he had talked to him on October 2.
Shannon went on to elicit errors on police reports, leads that weren't followed up, and searches that were not made, and got Crego to admit that girlfriends sometimes say things to protect boyfriends.
Seeley Lake Elementary superintendent John Hebnes testified Thursday afternoon that Rambo Hooser was expelled from grade school, but that Nelson had little to do with it. A fifth infraction by Hooser in a physical education class for fighting brought Hooser up for expulsion in grade school. Nelson had brought Hooser from the physical education class to the principal's office.
Hebnes said Nelson's "Red List" meant that if a student was on it, he had to go to study hall to make up assignments and forego an afternoon recess. Most students, at one time or another, made the Red List, Hebnes said.
School was easy for Hooser, Hebnes said, but that he "...just didn't want to be there at times."
JAILHOUSE ADMISSION
Vaughn Taylor testified Thursday afternoon and Friday morning that he had heard Rambo Hooser say he had killed Cliff Nelson, but that it couldn't be proved.
Taylor, living now at the Missoula Pre-release center, has been in prison for robbery of his parents since 1995.
He was given 30 days in the county jail when he threatened another person at the pre-release center, and after a fight in a 20-man cell block, he was put in an eight-man cell block with Hooser where he said he overheard Hooser's admission.
Shannon led Taylor through a series of questions implying that Taylor had come forth to curry favor with prison officials. To a general question about if he had ever lied before, Taylor replied, "yes." When Shannon asked him why, he replied he "didn't know."
CASE TO JURY
Early Friday afternoon, the prosecution rested its case, and Shannon called only one witness for a few brief moments before resting the defense's case.
Jason Bousquet testified that Jeff Kimmell, Jesse Shoupe, and Jerry Miller were at a high school homecoming party on Sept. 28, 1996, and were asked to leave. Cliff Nelson was at the party with his band, Shannon confirmed.
After closing arguments (see another story this issue), the jury left the courtroom at 2:20 p.m. Friday to deliberate the case, and returned with a "not guilty" verdict two and one-half hours later.
Testimony - Second Week Testimony - First Week Jury Acquits Hooser