Fairfield teen who killed Spanish teacher will appeal sentencing

One of the two Fairfield teens convicted of killing their high school Spanish teacher wants to appeal his life sentence that requires a mandatory 35 years to be served before being eligible for parole.

Willard Chaiden Miller, 17, filed his notice to appeal Monday. The actual written brief — or argument — of his appeal hasn’t yet been filed.

Assistant Iowa Attorney General Scott Brown said Wednesday the written brief from a defendant could take several months to be filed. Once a combined certificate of appeal is filed in the district and appellate courts, defendants have 50 days to file the written argument, but can ask for extensions. In this case, Brown roughly estimates it could be six months or more before its filed.

Eighth Judicial District Shawn Showers, two weeks ago at sentencing, imposed a mandatory minimum term of 35 years — which is five years longer than what the prosecution recommended as part of a plea agreement — before Miller could be considered for parole.

The appeal argument could likely be over the mandatory minimum set at the discretion of the judge.

Christine Branstad, Miller’s lawyer, argued against any mandatory minimum for Miller, who admitted in his plea to killing or aiding and abetting in the killing of his Spanish teacher, Nohema Graber, 66, Nov. 2, 2021, with a baseball bat.

According to evidence presented at pretrial hearings and his sentencing, the teacher was killed because she gave Miller poor grades.

The sentencing for Jeremy Goodale, 18, also convicted of first-degree murder for assisting Miller in Graber’s slaying, was reset Wednesday to Nov. 14 and 15. He faces up to life in prison and the prosecution will recommend a 25-year mandatory minimum. Prosecutors said the lesser mandatory recommendation is because Goodale cooperated with investigators.

During sentencing, Miller said he accepted responsibility in Graber’s death and apologized to the Graber family. He also said he was sorry about the death of Paul Graber, Nohema’s husband, who died in June and didn’t have the chance to provide an victim impact statement at sentencing.

Several members of Graber’s family who gave victim statements doubted Miller’s sincerity or remorse.

Judge Showers, during sentencing, noted the “heinous and brutal” nature of the crime and how Miller planned the fatal attack and recruited Goodale to help. He also noted that “evil doesn’t have a birthday” and the years in prison would give Miller time to rehabilitate, receive an education and grow and mature.

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