Mother, detective testify in Munro murder trial

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EPHRATA - Marita Messick's mother testified about phone calls from David Nickels, while defense attorneys continued attacking the police investigation.

The first-degree murder trial of Nickels, 31, Helena, Mont., entered its fourth day of testimony, starting with testimony from Nancy Ellison, Messick's mother, and ended with defense attorney Jackie Walsh questioning Detective Juan Rodriguez about evidence pointing to Ian Libby.

Nickels is accused of shooting Sage Munro outside of Munro's Ephrata home on Dec. 29, 2009 because Munro was dating Messick, Nickels' ex-girlfriend.

Ellison, a nurse and mother of three, lived in Helena between 2004 and 2009, where she lived with Messick for most of the time, she said. Messick met Nickels during the period.

Deputy Prosecutor Tyson Hill previously said the two met when Messick was 16, and Nickels was 23.

The relationship began in November 2004 around the time they moved to Helena, Ellison testified. After Hill asked whether she approved of the relationship, Messick's mother replied she didn't approve and told her daughter she didn't.

"I have never spoken to Mr. Nickels face to face," Ellison said.

Ellison continued, testifying she moved away from Helena to Ephrata in May 2009 and lived in the city for five months. When she was living in Ephrata she received phone calls from Nickels. She gave an example of a phone call and a phone message.

"It was always between midnight and 3 a.m.," she said. "One incident in particular, Marita was with Sage and it was after midnight and he called me and pretty much informed me that she was out partying when I was baby sitting."

Ellison called the phone message extremely odd, saying she received it in August 2009 when she was walking from Ephrata's hospital to the apartment where she was living.

"It was an extremely detailed message," she said. "(The message was) that my daughter was out partying late at night ... My oldest (son) was apparently out, making out with his fiancee in the van and the middle child was in the garage, sleeping, and the baby was in the house by himself. That was the information that was left on my phone."

Ellison also talked about a trip Messick took in September 2009. She testified Messick initially told her mother she intended to visit a friend, but Ellison later learned it was a trip to visit Nickels.

Ellison learned about the murder on the morning of Dec. 29, 2009, after her phone rang at 7 a.m. She initially ignored the call because she was still sleeping, she testified. When she received a text message she thought it must be important.

"I got a text from Harmony (Smith, Munro's sister) to call. It was important," Ellison said. "So I called her and she told me that Sage had been shot."

She woke Messick up and told her the news and offered to drive her to Ephrata, Ellison said.

"She was in shock at first, and then I could tell she cried for a while, and then I told her I would take a shower and we would go," Ellison said.

Following Ellison, Hill and Chief Deputy Prosecutor Ed Owens brought up a series of officers to introduce evidence related to the crime, including DNA swabs, Munro's and Messick's cellphones and the clothes Munro was wearing at the time of the murder.

The final witness they brought up was Moses Lake police Detective Juan Rodriguez, who was the lead detective for the investigation. Hill and Owens told the judge they planned to have Rodriguez introduce evidence and have him testify about his part in the investigation later.

Defense attorney Jackie Walsh started questioning Rodriguez about what she has previously called failures of the police to preserve evidence and to investigate Ian Libby. Nickels' attorneys claim Libby is the one who shot Munro.

When Walsh questioned whether Rodriguez had ever been appointed to a lead detective in a homicide investigation before, he replied he hadn't. He also testified he hasn't been the lead detective on a homicide since.

Walsh asked if Rodriguez was responsible for making decisions concerning the investigation. Rodriguez said in this case he wasn't.

"It wasn't any one particular person. I had other detectives with many more years of experience with me," he said.

The attorney continued, questioning whether Rodriguez set up a protocol for organizing the case and having evidence and witness statements go to him.

"We started out initially," he said. "We had a protocol as to who was going to be doing the crime scene. Who would be taking care of the interviews. Then we decided after that ... a lot of it was done verbally as the things that needed to be done."

Walsh pressed on the point, reminding Rodriguez of an interview he had with defense attorneys.

"Do you remember telling the defense on April 27, 2012 that you had not set up any type of protocol of gathering documents and evidence?" she asked.

When Rodriguez replied he didn't remember, she referred to a transcript of the interview and repeated the question while reading from the transcript.

"I said, 'I don't remember. I don't think I ever did,'" Rodriguez replied.

Walsh questioned Rodriguez about the 9-1-1 recording from Colleen Gibbins, asking whether he got a copy. When Rodriguez said he didn't, she continued questioning him about it.

"You were aware (Gibbins) called 9-1-1 to report hearing shots fired?" Walsh asked. "You've indicated that you have been a detective now for about four and a half years? ... As a detective and also as having experience as a patrol officer, you are aware that 9-1-1 calls are recorded, are you not? ... You were also aware that after a certain period of time, the recording is no longer available? ... That time period passed in this particular investigation, correct?"

Rodriguez testified he didn't get a copy of the 9-1-1 call before it was destroyed.

Walsh moved onto an anonymous tip, which reportedly stated Libby was the shooter. Rodriguez testified he received a note from Moses Lake Police Chief Dean Mitchell stating Libby was "your suspect."

"Do you remember learning from (Chief) Mitchell that there was a phone number associated with an anonymous tip that was placed on or about Jan. 10, 2010?" she asked. "You were informed when you received this document that this guy is your suspect from (the) Ephrata shooting?"

Walsh also questioned why the defense attorneys didn't receive a copy of the document with a complete phone number on it and why Rodriguez didn't try to find out whose phone number it was.

"When I had the (document) it had the entire phone number," Rodriguez said. "My copy has the entire phone number."

Walsh questioned Rodriguez about the April 27, 2012 interview, saying he was asked what the full phone number was.

"You were asked that because only six digits had previously been provided, correct?" she asked.

Rodriguez answered it was the first time he learned the phone number was incomplete.

"When I made the copies, I made the copies thinking it was all being copied," Rodriguez said.

Walsh continued, asking if Rodriguez was not aware during the about two years preceding the trial the phone number was incomplete.

Rodriguez replied he couldn't recall.

Walsh questioned whether Rodriguez attempted to contact the anonymous tip number before meeting with defense investigators.

"You were questioned about why you didn't call the anonymous tip number?" she asked. "You had no explanation for why you did not call the anonymous tip number, right? ... You didn't do anything between Dec. 29, 2009 to April 27, 2012 to figure out an address that might be associated with that phone number?"

Rodriguez answered Walsh was correct.