C.A. Upholds Convictions of Killers Dubbed ‘Bonnie and Clyde’

By Kenneth Ofgang, Staff Writer/Appellate Courts - Metnews.com

June 27, 2005

A Hemet-area couple who referred to each other as “Bonnie and Clyde,” according to a friend who turned prosecution witness against them, were properly convicted of first degree murder with special circumstances, the Fourth District Court of Appeal ruled Friday.

Div. Two said there was “overwhelming,” “consistent,” and “compelling” evidence that Joshua Wahlert and Tracy Leann Garrison had murdered Michael Willison in 2001, and that they had done so in the course of a robbery and kidnapping. Possible evidentiary or instructional errors by Riverside Superior Court Judge Christian F. Thierbach were harmless beyond a reasonable doubt, Justice Jeffrey King wrote for the panel.

Both defendants were sentenced to life imprisonment without parole. Wahlert drew an additional term of 25 years to life for shooting the victim, along with a three-year term on a separate charge of brandishing a weapon, while Garrison received a one-year enhancement for participating in a crime with an armed accomplice.

Two Juries

Wahlert was 26, and Garrison 22, when the jury found them guilty of killing the 39-year-old Willison, who lived in Temecula. The pair were tried before separate juries that delivered their verdicts within 90 minutes of each other.

Willison was viciously beaten, stabbed five times in the chest and neck, and shot twice in the head. A jogger found his body near some large rocks in a rural area of the county.

Police tied the killing to Wahlert after he was arrested on the unrelated brandishing charge. Police discovered that the truck Wahlert was driving at the time belonged to Willison, and found clothing stained with the victim’s blood, along with his checks, credit cards and business cards.

Garrison was involved romantically with both Wahlert and Willison, and all three were methamphetamine users, witnesses testified. A friend and fellow user, Jon Ramirez, said that Garrison had talked to him about a plan for her and Wahlert to rob and kill Willison, take his money, then go to Las Vegas to get married.

Ramirez testified that nine days before the body was found, he and Willison were smoking methamphetamine when Garrision and Wahlert came in and abducted Willison at gunpoint. Wahlert was the only one who was armed but Garrison appeared a willing participant, he said.

Wahlert later told him that they had killed Willison and gave him some of Willison’s property, he testified.

The juries also heard a tape recorded phone conversation in which the defendants implicated themselves and each other. The “pretext” call was arranged by two detectives, one of whom was with Wahlert at one location and the other with Garrison at a different location.

Intervening Decision

While the appeals were pending, the U.S. Supreme Court decided Crawford v. Washington (2004) 541 U.S. 36, concluding that the use of “testimonial” hearsay—out-of-court statements of other persons obtained for use in prosecution, as to which the declarant cannot be cross-examined—violates the Confrontation Clause of the U.S. Constitution.

Garrison’s court-appointed appellate lawyer, Richard A. Levy of Torrance, argued that because Wahlert did not testify at trial and could not otherwise be cross-examined, the use of his statements on the tape violated Crawford.

King agreed. The justice said the call was not a “casual” conversation akin to what occurs when the police place suspects together in a patrol car, as prosecutors contended, but a carefully planned means of gathering evidence.

But there was no reasonable possibility that Garrison would have received a more favorable verdict if the jury had not heard the tape, King said, citing testimony from several witnesses to whom Garrison related the details of the crime. While that testimony was not entirely consistent, the justice added, it was clear that Garrison was a willing and active participant in the murder, as well as the events leading up to it.

“As to her participation in the murder, whether as a direct perpetrator or as an aider and abettor of Wahlert’s actions, the evidence of Garrison’s guilt was overwhelming without regard to Wahlert’s statements during the pretext call,” the justice summarized.

Unpublished Portion

King also rejected, in an unpublished portion of the opinion, Wahlert’s claim that the verdict was defective because jurors  might have erroneously believed that they could convict him of first degree murder based on implied malice.

The justice agreed that jurors might have been confused because Thierbach gave the standard instructions on murder, both with express and implied malice, but did not give an instruction that murder with implied malice is of the second, not the first, degree.

But since jurors found the kidnap-murder and robbery-murder special circumstance allegations to be true, King explained, they necessarily believed that Wahlert was guilty of first degree felony murder and it made no difference whether they also believed him guilty of malice and premeditation.

The case is People v. Wahlert, 05 S.O.S. 3095.

Tracy Garrison

“Frankly, you scare me to death,” Riverside, California Superior Court Judge Christian Thierbach said to 22-year-old Tracy Garrison before sentencing her to life behind bars with no chance for parole. “You are a frightening, frightening individual.”

After they were convicted, Wahlert spoke to the judge, but Garrison did not.

“I don’t deserve to be a free man,” Wahlert said before he and Garrison were sentenced to life in prison without parole. “I don’t want to be on the streets.”

In sentencing Garrison, Judge Thierbach suggested that a movie be made about her to teach children about what meth can do to a person’s life.

By: JOHN HALL - Staff Writer

RIVERSIDE ---- Depending on whose story is to be believed, Michael Willison of Temecula was killed nearly three years ago either because an attempt to rob him went bad or one of the accused killers was jealous.

"We'll probably never really know why it happened," Deputy District Attorney Sara Danville said Tuesday

That is because the only people who know the truth, Danville said, are the 39-year-old victim and a man and woman charged with Willison's murder.

Willison's body was found Jan. 23, 2001, by a jogger in the area of Highway 74 and Briggs Road in the Homeland area, partially hidden under a pickup bedliner. He had been shot twice in the head and stabbed five times, including once in the neck.

Joshua Blaine Wahlert, 26, and Tracey Leean Garrison, 22, both from the Hemet area, are on trial on first-degree murder charges in connection with Willison's slaying. If convicted, both could be sentenced to prison for life without the possibility of parole.

Prosecutors allege that Wahlert was the one who fired the shots and stabbed Willison four times, with Garrison later stabbing Willison in the neck when they found him still alive.

Danville says Garrison was in a relationship with both men and that she is the one who orchestrated the Jan. 15, 2001, robbery of the victim.

Garrison's attorney, David Gunn, contends that his client was deathly afraid of Garrison and only stabbed Willison because of that fear.

Frank Peasley, Wahlert's attorney, is hoping a jury will agree with his belief that the murder was done in a jealous rage.

Danville doesn't disagree that there may have been a "love triangle" involving the three. But, she says she is convinced that the motive for Willison's murder was greed.

"(Garrison) was seeing both of these guys at the same time," Danville said after Tuesday's testimony concluded. "It was her idea to do the robbery. They thought (Willison) had more than he did because they knew he was a commercial painter and had this nice truck."

According to testimony presented when the trial started last week, Danville said that the whole thing started at a home near Leon Road and Highway 74, where the defendants bound Willison's hands with duct tape, forced a bandanna in Willison's mouth and covered his mouth with more duct tape.

Willison was then forced at gunpoint to a remote location near some rocks off Highway 74 and killed, the prosecutor said.

On Tuesday, friends of both defendants were called by the prosecution to tell jurors what they had been told happened.

Vernon Wood originally failed to appear on a subpoena to testify in the case and was arrested. He testified Tuesday clad in an orange jail jumpsuit and handcuffed and shackled.

Wood told jurors that he had know Garrison for about five years before the slaying, but only knew Wahlert ---- who is known by the nickname "Bam Bam" ---- for about a month.

He said the two came to the San Jacinto mobile home where he lived at the time in a green pickup. Wood testified that Wahlert said it belonged to someone he had just killed.

Wahlert also said that they had gone to rob Willison "and stuff just got out of hand." Wahlert asked him if he knew where he could find a 50-gallon drum and wanted him to help "bury the dude," Wood said.

In early February 2001, Garrison "spilled her guts" and told him that the killing was her idea, Wood testified. Wood said she told him that she felt bad because a story she had told Wahlert that Willison had sexually assaulted her wasn't true.

As Wood told jurors that, Wahlert ---- who is in a wheelchair after back surgery ---- looked down and shook his head.

During questioning from the two defense attorneys, Wood said he was high on methamphetamine when the two showed up and he first learned about the killing. He also said Garrison looked scared that day and never told him about what happened.

Gunn, Garrison's attorney, also questioned why Wahlert, who barely knew him, would admit to a murder and seek his help.

Tiffany Walls, who called Garrison "my best friend," also testified Tuesday. She said that Garrison told her that "Josh shot some dude" and that "he made her cut his throat."

Walls testified that she determined on her own, not by anything her friend told her, that "Bam Bam was jealous because (Willison) was taking better care of her that he was."

While Garrison's attorney was questioning her, Walls said that she once saw Wahlert become angry at Garrison and elbow her in the face.

When Peasley, Wahlert's attorney, questioned her about testifying because she didn't want Garrison, her friend, to get in trouble or be convicted, Walls responded that she feels people should be responsible when they have done something wrong.

"But I don't feel (Garrison) is guilty of what she's being charged for," Walls said. "Somehow, (Wahlert) made her do it."

Filed 6/24/05

APPEAL from the Superior Court of Riverside County.

Christian F. Thierbach, Judge.

INTRODUCTION

Defendants Joshua Blaine Wahlert and Tracy Leean Garrison were charged in count 1 of a third amended information with the murder of Michael Willison.  (Pen. Code, § 187, subd. (a).) The murder allegedly occurred while the defendants were engaged in the commission or attempted commission of a robbery (§ 211) and kidnapping (§ 207).  (§ 190.2, subd. (a)(17)(A) & (B).) 

On January 14, 2001, Willison called Ramirez to get some help getting a couch from storage into his truck.  Willison arrived at Ramirez’s home about 10:30 p.m. that night.  The two smoked methamphetamine.  As Ramirez was putting his shoes on to leave with Willison, Wahlert and Garrison entered Ramirez’s home.  Garrison brought in a roll of duct tape and set it on the television set.  Wahlert pulled out a gun and pointed it at Willison. 

When Willison pleaded to spare his life and to not “leave [his] two boys fatherless,” Wahlert told him to shut up and stuck a bandana in Willison’s mouth.  Garrison then taped Willison’s mouth and hands with the duct tape.  She went through Willison’s pockets, taking keys, a wallet, a necklace, and a ring, and threw them on a couch.  Ramirez was, as he said, “[f]reaking out” and telling them, “No, not here.” 

Ramirez testified that he did not do anything to encourage them; but he did not do anything to stop them “[b]ecause [Wahlert] had a gun.”  According to Ramirez, Wahlert never turned the gun toward Garrison, threatened her, forced her, or directed her to do anything.  It appeared to Ramirez that Wahlert and Garrison were “working together.”

On January 20, 2001, Wahlert and Garrison were in Willison’s truck when Wahlert displayed a gun to two women in another car.  One of the women called her husband, who called 911.  Shortly afterward, Wahlert was arrested for brandishing a firearm.  The police found a .30-caliber gun in the truck and a live round in Wahlert’s pocket.  While being booked on this charge, Wahlert commented:  “I’m looking at 60 years, they just haven’t found out the half of it yet.”

After identifying the victim as Willison, police learned that Willison’s car had been impounded in connection with the arrest of Wahlert for brandishing a firearm.  The police then examined the property that was taken from Wahlert when he was arrested and found Willison’s social security card, his contractor’s state license card, and credit cards with Willison’s name on them.

While Wahlert was being interviewed in the district attorney’s office, Garrison was being questioned by an investigator at a sheriff’s station in Hemet.  According to Garrison, she, Wahlert, Willison, and Ramirez were in Ramirez’s house when Wahlert pulled a gun on Willison and had Willison empty his pockets.  Wahlert then told Willison they were “gonna go for a ride.”  Garrison said that she insisted on going with them. 

After driving to a secluded location, Wahlert and Willison walked to a rocky area and argued.  As Garrison started to get out of the truck, she heard two shots; then Wahlert returned and told her to get into the truck.  Sometime later, they returned to the scene to find that Willison had moved about six feet and was alive.  Wahlert then took a knife and walked toward Willison; when he returned, he told Garrison that he had cut Willison’s throat and broke his neck.  Video and audio recordings of this interview were played only to the Garrison jury.

Wahlert admitted that he had lied “to keep [Garrison] safe.”  Wahlert told Garrison that she was “part of this” and, when Garrison said that she “told them everything that happened from the time we left [Ramirez’s],” Wahlert asked, “Did you tell them you told me to do it?”  When Garrison denied that she told Wahlert “to do it,” Wahlert responded, “Oh, ho!  That’s cold.  All right.”  Later in the conversation, Wahlert told Garrison that he would “take the fall for this.”  Still later in the conversation, there was an exchange that suggested that Wahlert killed Willison because Garrison said she was afraid of Willison. 

When Garrison denied that she was afraid of Willison, Wahlert declared, “My life’s over because I cared about you.”  Garrison responded by telling Wahlert, “Well then you shouldn’t have done it” and that he “should’ve thought about that before.”  Wahlert warned Garrison that the police wanted to “make [her] an accessory,” to which Garrison explained, “[t]he only thing I did, is I was there.”  The following exchange then took place:

Police also recorded one conversation between Wahlert and his mother and another conversation with Wahlert, his mother, and an investigator, both of which were played to his jury only.  During these conversations, Wahlert stated he “did it because I was scared of [Willison].  And I did it because . . . [Garrison] said she was scared of [Willison].”  He told his mother that Garrison told him to kill Willison.  When the investigator was present, Wahlert stated that Garrison had “used me to get this dude done” and that Garrison “set me up to do this.”  Following these interviews and conversations, Wahlert told the investigator that Garrison “duct taped [Willison].”

About two weeks after the murder, Garrison told Vernon Wood that she planned to rob Willison; that she bound him with duct tape and robbed him of his truck and $20; and that Wahlert then shot and stabbed him.  On two occasions after Wahlert was arrested, when Ramirez and Garrison were among friends, Garrison “joke[d] around about how much she liked duct tape.”