Nielsen doesn’t testify in murder trial
In a move that surprised more than the prosecuting attorneys, the defense team in the Cody Lynn Nielsen murder trial did not call Nielsen to the stand and rested their case Tuesday morning.
The prosecution also completed their rebuttal arguments in the early afternoon after calling one witness whom the defense dubbed a “bad act” (character) witness and asked not to be allowed to testify.
Nielsen, who is accused of kidnapping, murdering and dismembering 15-year-old Trisha Ann Autry in June 2000, will not testify, defense attorney Shannon Demler said, calling a testimony by the defendant “improper” – in part because of its potential to allow other witnesses to testify.
“[Nielsen’s] attorneys realized there was nothing to be gained [by his testifying], only to be lost,” said Chief Deputy Don Linton of the prosecution.
First District Judge Clint S. Judkins had previously ruled that if Nielsen testified, the prosecution could introduce evidence including jailhouse conversations in which Nielsen allegedly admitted to having consensual sex with the teenager and being with her when she died.
Linton acknowledged the prosecution was very surprised Nielsen didn’t take the stand, adding that prosecuting attorney Scott Wyatt had been preparing for cross-examination all weekend.
Because Nielsen did not testify, the jailhouse conversations were not admitted as evidence, but Judkins allowed the defense to re-open its case and call one more witness – Claudia Donato.
Donato’s testimony had been heavily objected to by the defense, in addition to that of Stephanie Albiston’s. Linton said both women were sexually assaulted by Nielsen, in the same place in Millville that Autry’s alleged remains were found.
“They’re trying to use rape to prove a murder and a kidnapping,” Demler said. “The state is trying to get the court to jump the bridge.”
Demler also said the prosecution was trying to cover up that they had no evidence by inventing a “beautiful plan” that Nielsen allegedly thought up.
“I take offense that he put those words in my mouth,” Linton said. “It was an ugly, grotesque plan, not a beautiful plan.”
Linton said Donato’s testimony should be allowed because the state and community is entitled to a “fair trial.”
“This is one of the most important decisions [they jury] has ever made,” he said.
Nielsen, 31, is charged with capital murder, two third-degree felony counts of desecration of a human body, first-degree felony aggravated kidnapping and second-degree felony kidnapping.
Judkins allowed Donato’s testimony because of the similarities of her case to Autry’s, he said, but said Albiston’s testimony would taint the jury as to Nielsen’s character.
Donato said she met Nielsen while working at the Predator Research Laboratory in Millville in June 2000, where he showed her around the coyote research lab in the pretense of being a manager. During the tours, Nielsen showed her the pens where the coyotes were kept, she said, and told her what happened to stray animals who found themselves in the pens.
“He said if a deer or bird got over the fence into the compound that they would devour it – whatever it was,” she said.
About a week later, Donato said, after sexually assaulting her in a ravine up Millville Canyon, Nielsen reminded her of what happens to things put in the coyote pens and told her to remember it.
Closing arguments will take place Wednesday morning at 9 a.m., the jury will receive deliberation instructions and then be allowed to make their decision. If found guilty, Nielsen may face the death penalty.
Linton said that while he thought the jury was given very clear evidence of Nielsen’s guilt, “nothing is as unpredictable as a jury.”
-emilieholmes@cc.usu.edu