Kill Or Be Killed

Even though it wasn’t much more than a formality and routine procedure, Judge Bradley L. Boeckman presided over the actual sentencing of Todd Garton on April 27, 2001. But nothing concerning Todd was ever routine. Given a chance to speak, he did so with a vengeance.

The proceedings began with Greg Gaul saying, “The victim’s family has chosen not to address the court simply because I think that they believe that evidence speaks for itself, and that it was, in fact, overwhelming. They had the opportunity to tell the jury how this has impacted their lives.

“There is no doubt that this defendant clearly planned this out over a lengthy period of time, went through a great deal of effort to conceal his own identity or involvement in this crime at great risk of subjecting three other individuals to punishment. He clearly lied before the court and jury. They saw that he lied and that his mother would lie to protect him.

“This was a very complex case. A complex conspiracy. The lengths that this defendant went through to make sure these murders were carried out before Carole Garton had her baby—it was his own selfish desire not to look bad in the community that caused him to have her murdered, instead of doing what everyone else would do, and get a divorce. He didn’t want the baby.

“I think it was pretty clear that, although he was giving outward impressions to people close to the time of the murder that he was very supportive of the baby, he was callously plotting to have Carole murdered before she could have the baby. And some of the indications of the desire not to have the baby were manifested sometime prior to her ever becoming pregnant, in statements he made to other individuals.

“But the thing that strikes me the most is the defendant’s own testimony. How callous he is and how he chose to put things on the victim and clearly lied about those things. Carole Garton was by all accounts a fantastic person who did nothing to warrant this type of crime. The defendant had someone else carry out this crime for him because he couldn’t face his own wife and do the deed. So he had Norman Daniels do it. And to make sure that Norman Daniels did it, he coerced him, and threatened him with his own death. I truly believe Norman Daniels would not have carried this out if he didn’t feel that his own life or his family’s life were at stake.

“I think Norman Daniels was under the impression, based on representations of the defendant, that the murders that the defendant claimed that he committed over several years were basically done for the good of everyone to get rid of bad people in society.

“But Carole Garton was not a bad person. She was looking forward to her child’s birth. She was very happy about it. People in the community loved her. People that she interacted with on a daily basis loved her. And she apparently loved Todd Garton and had no idea what he was plotting. No clue whatsoever. It’s just a very tragic murder.

“I’m glad the jury sent the defendant a clear message. This is the only just verdict and he deserves to die. And I hope it’s swift. I hope it does not go on for years and is resolved soon for the sake of Carole Garton, her baby and Carole’s family.”

Russell Swartz followed with a few comments about Greg Gaul’s remarks. He said that Todd Garton agreed with a couple of statements Gaul made, that Carole Garton was a wonderful person and didn’t need to die. Then he added, “As to the rest of the matters, Mr. Garton disagrees with the accuracy of the speculation and the comments of the district attorney; in essence, is appalled that the district attorney chooses to defend the man who put five bullets in to the body of Carole Anne Garton and Jesse James Garton, killing them.” Swartz went on to say that Todd was grieved by the loss of a wife he loved, and the son he would never see. He added that despite the verdict, Garton still maintained his innocence and was not involved in the horrendous crime.

It was now time for the Honorable Bradley L. Boeckman to pass sentence on Todd Garton. He began by saying, “I have independently considered and reviewed the evidence of aggravating and mitigating circumstances. And I have applied my own independent judgment to determine whether the jury’s findings and the jury’s verdict are contrary to the law or the evidence presented. I found beyond a reasonable doubt that the defendant is guilty of the multiple murders of Carole Garton and her fetus and the murders were committed for financial gain.

“The defendant intended to kill his wife and his unborn son in order to be free of the marriage and impending parenthood in order to be with one of his co-conspirators, Lynn Noyes. I note that the defendant drew Norman Daniels in this conspiracy, and by a combination of promises of money and excitement, and by threats and intimidations, Mr. Garton caused and encouraged Norman Daniels to kill the two intended victims.

“I note that the defendant assisted Norman Daniels in the choice of, and the purchase of, the murder weapon. I note that on May 16, 1998, as a direct result of the defendant’s actions, Carole Garton was lying in her own bed, in her own home, completely vulnerable and defenseless and unsuspecting, when the defendant’s co-conspirator Norman Daniels shot her at close range five times with a forty-four-caliber pistol. And that Carole Garton appeared to Norman Daniels to be trying to roll under the bed to avoid being shot further, and that she undoubtedly suffered pain and fear.

“I note that there was compelling victim/witness impact evidence in the testimony of Carole’s brothers Michael and Donald, and her father, James Holman, and stepmother, Vicki Holman, regarding the profound and abiding loss each of these persons suffered.”

The mitigating factors in the sentencing amounted to Todd Garton’s never having been arrested for a felony before, and his service in the U.S. Marine Corps with an honorable discharge. But these mitigating factors were heavily outweighed by the aggravating factors in the case. Judge Boeckman said, “I find that the aggravating circumstances are so substantial in comparison with the mitigating circumstances that it warrants death instead of life without the possibility of parole.”

Todd Garton, through his lawyer, announced that he wanted to make a statement, and he was allowed to do so by Judge Boeckman. Garton began, “First off, Your Honor, I’m sickened by the decision this court has come to. Most of all, I’m sickened at Mr. Gaul. Mr. Gaul has presented Norman Daniels, a man who killed my wife and son, as a compassionate, poor victim who was suckered into committing murder. And he’s defended Norman Daniels throughout this trial. I think that is sickening and appalling.

“As far as the family goes, I was going to keep my mouth quiet on this, but I can’t. The only family that Carole had that’s had a loss are the people who loved her the most—people that she called ‘mother’ and ‘father’—Jess Garton and Pat Garton. Her own father molested her to the point to where she ran away from home [a lie]. And his own wife left him because of this [another lie]. And to have him get on the stand and talk about the victim impact, and about how he missed his daughter—when my own mother and father saw Carole more in two weeks then he saw his own daughter in ten years, [it] makes me sick.

“I am innocent of this crime. I will never, ever change that statement. I do not care what the jury found. I do not care what the court found. Especially when I had to sit in court and hear Your Honor say that the Constitution was not enough authority while my lawyers were making motions. That was a statement made by the court.

“I think everything else has been stated by my defense attorney, especially in the closing arguments; that with everything else taken away from me, I don’t want to live among people like this. I just can’t tell you the deep insult and dishonor I felt throughout this. I think I have said enough.”

Judge Boeckman obviously thought Todd Garton had said enough as well. He ordered, “You are remanded to the care, custody and control of the sheriff of Shasta County to be delivered to the warden of the state penitentiary at San Quentin, California, within ten days of this date. To be held by the warden pending the final determination of your appeal in this matter. Once the judgment becomes final, the warden is ordered to carry into effect the judgment of this court within the state prison, at which time you shall be put to death in the manner prescribed by law.”

When Vicki Holman left the courthouse, she commented to a reporter about Todd Garton’s insults. “It’s just like him. He’s still trying to inflict pain and he did. That was the meanest, ugliest thing he could say. He knew that it would be a dagger to the heart.”

If Todd Garton had no remorse for his actions and continued to proclaim his innocence, the same could not be said for Lynn Noyes. She wrote a long, heartfelt letter to Carole’s mother and stepfather. It began, I know this won’t ever be good enough, but I’m writing to try and express to you the sorrow and remorse I feel for my part in what happened to your daughter and grandchild. She said that she had been caught up in something far larger and more sinister than she knew at the time. She even claimed to have tried to persuade Todd to tell The Company not to go through with the hit on Carole. However, she only pushed him so far because she was afraid for the lives of her own children.

Lynn said that she had let her emotions dictate her actions. She said that her last meeting with Carole had been cordial and they had buried the hatchet. They had even embraced at Carole’s parting. This was all so senseless and sad, she wrote. So much loss. Innocent loss. I trusted a very bad person and let my feelings toss all sensibility and rational thinking aside. I could say I’m sorry repeatedly for the rest of my life, and it still wouldn’t be enough.

She promised to educate other young women in prison about certain men who were dangerous liars and the corrosion of their relationships. Lynn Noyes asked that she hoped that one day Carole’s parents could forgive her.

To a degree both Virginia Griffiths and Vicki Holman did forgive Lynn Noyes for her actions. And to an even greater degree they forgave Dale Gordon. They looked upon not only Dale, but his parents, as victims of Todd Garton. Virginia said, “Dale’s parents sent flowers to us during the trial. They were devastated when they found out Dale was involved in all of this. We actually became friends later. We all had a loss. My husband and I very much liked Dale’s girlfriend, Sara Mann. She was a victim, too.”

Vicki Holman said, “We also met Dale Gordon’s parents at the trial and our hearts went out to them. Dale was a victim. His mother was so sorry that her son was in a way involved with Todd and all that happened. She kept wanting to do something. She finally gave us a gift certificate for a rosebush to put in Carole’s garden at our home. I still write her on occasion and pray that Dale will survive his time in prison. He seems so vulnerable.”

By January 2002 it was finally time for Norman Daniels to learn his fate. In November 2001 he had reached an agreement with Deputy DA Greg Gaul to forgo a jury trial in exchange for the death penalty being dropped. Instead, he would take his chances with a trial by court, which meant that Judge Boeckman alone would render a decision of guilty or not guilty and pronounce sentence. It was risky in some regards because Judge Boeckman would not be swayed by sympathy. Rather, he would be constricted by points of law and the matter of deciding mitigating and aggravating circumstances.

Richard Maxion, Daniels’s attorney, put Norman Daniels on the stand to answer questions about Todd’s scheme that included the fictional bureau, The Company. Daniels admitted, “I was having financial problems at my house and, to be honest, I was thinking about the money. I agreed to do it, but I didn’t know who I would have to kill.”

As far as The Company and Colonel Sean went, Daniels said, “I took him at his word because it didn’t sound too far-fetched.” Maxion said of this, “He [Daniels] genuinely feels that he was brainwashed. I think he’s genuinely remorseful.”

Maxion’s defense of Daniels was unusual. He based it on a little-used legal pretext of imperfect duress. For example, regular duress would be someone forced to rob a minimart because a third party held a gun on his family member and threatened to kill that person if the store was not robbed. Since duress is not allowed to be a factor in a murder trial, imperfect duress became its substitute. Maxion argued that during the whole experience Norman Daniels felt that either he or his son would be killed if he didn’t follow through on the assassination of Carole Garton.

Daniels’s own words from the stand backed up this premise. He said, “I had night sweats. I was afraid of a point-blank execution from customers that I pumped fuel for at the gas station. I thought there might be snipers hidden in the fields. Members of The Company watched my every move. If I said one wrong word, and they overheard it, I would be dead.”

Greg Gaul had the very delicate act of striking a balance in how to treat Norman Daniels at this point. On the one hand, Daniels had been the actual killer of Carole Garton and her unborn baby. On the other hand, he had helped Greg immeasurably in the trial against Todd Garton. Gaul began by refuting Maxion’s argument about duress. And he did it point by point:

1. There must have been no adequate alternative to the commission of the act—“Norman Daniels could have easily reported to the police the plan to kill Carole Garton and her fetus, and sought the protection of law enforcement authorities.”

2. The harm caused by the act must not be disproportionate to the harm avoided—“The harm here is the same, death to one or more innocent persons, which is specifically why the legislature enacted Penal Code twenty-six and stated that duress is not a defense when the defendant is charged with a crime punishable by death.”

3. The accused must entertain a good-faith belief that his act was necessary to prevent the greater harm—“Norman Daniels could have prevented the harm to both Carole Garton and her fetus, and to himself and his family, by reporting the planned murders and threats on his own life to law enforcement authorities. Therefore, he did not have a good-faith belief that the act was necessary to prevent the greater harm.”

4. That the defendant must not have substantially contributed to the creation of the emergency—“Here, Daniels clearly contributed to the creation of the alleged emergency by participating in and planning the murders of Carole Anne Garton and her fetus in exchange for personal and financial gain in the future.”

All of that being said, Greg Gaul now presented facts about Norman Daniels’s cooperation with him in so many key areas. He said, “Beginning with his very first interview with Shasta County sheriff’s detectives, Daniels assisted law enforcement officers and the district attorney in unraveling and exposing the conspiracy. Without his willingness to cooperate and do the right thing, the true extent of these conspiracies would never have been known.

“I have personally participated in numerous interviews with Mr. Daniels throughout the investigation and ultimate prosecution of Todd Garton. He testified for several days before a jury and told the truth about both his participation in the crimes, as well as the participation of others. He has been totally forthcoming and has helped me and the detectives to fully understand why these crimes were committed and the true motives behind the murders of Carole Anne Garton and her child. Of great significance was Mr. Daniels’s assistance in identifying all the conspirators who participated in the murder of Carole Garton and her fetus, as well as the failed attempt to kill Dean Noyes, the husband of co-conspirator Lynn Noyes. Without Norman Daniels’s full cooperation and assistance, the true extent of these crimes would have never been known to law enforcement, and it would have been extremely difficult to obtain a conviction against Todd Garton.

“I am convinced that Mr. Daniels would not have ever contemplated resorting to murder, had it not been for the months of being manipulated by Todd Garton. Mr. Garton took advantage of Mr. Daniels’s financial problems and convinced him that he could make easy money in participating in assassinations. In talking to friends and family of Mr. Daniels who knew him well, they were shocked to learn of his involvement in these crimes. However, because of Todd Garton’s persuasiveness, manipulation and threats to Mr. Daniels and others, Mr. Daniels apparently felt compelled to carry out his role in the murders and conspiracy to commit murder.

“Mr. Daniels has accepted full responsibility for what he did. He has been honest and forthcoming with me. In fact, I can state without reservation that he has been the most honest and cooperative witness, let alone defendant, that I have ever had the pleasure of interacting with and presenting before a jury. He was extremely credible as a historian and witness. Furthermore, he has on his own initiative provided helpful information without even being asked or prompted. He has also been a model inmate while incarcerated in the county jail for the past three years.

“Based upon all these factors, and assuming he remains a model prisoner while incarcerated in the state prison system, it is my request, and I sincerely urge the Board of Prison Terms and Parole Board, to grant Mr. Daniels release on parole when he first becomes eligible for parole. I do not see Mr. Daniels as ever being a threat to the community and I am confident that this was an anomaly in his life. Mr. Daniels can be a productive citizen, and once he serves his time for his actions, I feel he should be granted parole.”

Judge Boeckman took all of this in, as well as the four thousand pages of transcripts and reviewed them during February and March. Then in mid-March he was ready to pronounce judgment upon Norman Daniels.

Judge Boeckman acknowledged that Daniels had feared for his life and that of his son. He had trusted Todd Garton, whom he thought of as a friend. Daniels had also helped law enforcement and the district attorney’s office in all aspects of their investigations. But then Judge Boeckman said, “I reflect back, and I remember getting a letter that I considered during the trial itself. I believe it was from your ex-wife, Ms. Praiter, Mr. Daniels. She indicated that this tendency of yours to be gullible, naive, to place greater importance to the statements and assertions of others than you should be placing, your ability to be taken in, on your propensity to be taken in by others, was demonstrated before you ever got involved with Mr. Garton, and it had an impact on the dissolution of that marriage. For some people that’s a good thing if it happens in the right circumstances. One can be influenced toward good by somebody who is influential. But our society expects people to withstand influence if it’s an influence to do evil. And, nonetheless, you succumbed to that.

“Whether or not you are likely to succeed in probation, I find it otherwise. I find it more likely that, despite your professed willingness to comply with terms of probation, that we’re all subject to whether or not you happen to come into contact with another person like Mr. Garton. And, sadly, experience has taught us there are many people like Mr. Garton in our society. I think it’s been suggested that you have learned your lesson. I’m not comfortable with that.

“I’m aware that this is going to have a negative impact on you, on your son, and I accept that you are remorseful. I am persuaded that that is a genuine attitude that you hold. Nonetheless, I think the weight of information and factors that I would consider would cause me not to grant you probation.

“Mr. Daniels, you may have been partially motivated, at least at the very end of this conspiracy, by fear and concern for your own personal safety and possibly that of your family. But I also note that you were motivated by greed and by a desire for excitement, and the thrill of being involved in this so-called assassination unit. And that, for most of the time period of this conspiracy, or at least a large part of it, that was your motivation. And, by your own testimony, and by your own statements to the probation officer, you felt that you would be able to go forward with that assassination and that you would not get caught. That your reasons for becoming reluctant once you learned that this quote, target, of the assassination plot was a friend, then you thought it more likely you would get caught.

“In terms of the extent of your involvement, you were the actual killer, not a co-conspirator who was not actually involved in the final decision. I was critical of Mr. Garton at his sentencing because I thought, even for somebody who planned to kill somebody, he took the gutless or easy way out, because he delegated the actual killing to somebody else so that he would never personally have to make that last and final decision about whether he would actually do it. But you had that opportunity. You had the last opportunity of anybody, and an opportunity to exercise some humanity, and you chose not to. You chose to go ahead with it. You indicated that after you fired the first shot, you realized what you were doing. And your response was to fire four more times.

“In the eyes of the law you killed two persons. Carole Garton personally was aware that she was being shot to death and was trying to escape it. So, in my judgment she suffered fear and pain right up until the time she lost consciousness.

“I think when somebody achieves the age of thirty years, that person in our society is expected to conduct themselves within the rules of society. I think you are a gullible person. You were a naive person. You were a person who was given over to, if you found somebody who had greater education, sophistication, experience or simply confidence, that you would put them in high esteem and give greater credence to what they said and did than they deserved. And until you knew that Carole Garton was going to be the victim, you felt cold-blooded about it. You were rebellious. And you were thirty years old at the time.”

With all these factors of aggravation and mitigation, Judge Boeckman sentenced Norman Daniels to the maximum of fifty years with the possibility of parole after forty-two years served. If Daniels ever got out of prison, he would be in his seventies.

Showing little emotion at the sentence imposed, Daniels said politely, as he always did in court, “Thank you. I appreciate you hearing my case and God bless you all.”

Even Greg Gaul was moved by Norman Daniels’s genuine remorse and his unstinting help during Todd Garton’s trial with no deals on the table to help him. Gaul filed a prosecutor’s statement to the Board of Prison Terms, recommending that Daniels be paroled at the earliest possible time. He said, “I think he has learned his lesson.”