Background
(b) March 1989 - The Trial:
At trial, the prosecution's theory was that the murders of Valedz and Condon were planned and deliberate. In evidence, the prosecution offered testimony by Niemann and Wasmer. Niemann testified that Boppre had gone to Valdez's house approximately six times over the course of the evening. He stated that before the last visit to Valdez, Boppre announced that he was going to go to Valdez's house, kill him and take his money. According to Niemann, he tried to dissuade Boppre and decided to go with Boppre to try to talk him out of killing Valdez. Niemann testified that when Jeff and he got to Valdez's house, Jeff went to the door and when Valdez answered the door Jeff shot him. Niemann further testified that Jeff then brought items to the car from the house, went back in and shot Valdez's girlfriend, and returned to the car with more items from the house. After this, according to Niemann, they went back to the trailer, picked up Wasmer and drove to Arizona. Niemann testified that on the way to Arizona he and Wasmer took the gun from Boppre, dismantled it and tossed it into a riverbed in New Mexico. Wasmer's testimony was substantially consistent with Niemann's. However, Wasmer testified that he was not at the scene and that Boppre had announced his intention to kill Valdez before he and Niemann went to Valdez's house. Niemann and Wasmer testified that when Boppre came back to the trailer he was wearing jeans that had some blood on them. The jeans were seized from the trailer.
At trial, Jeff testified that he had been using drugs during the evening of September 18th, 1988 night with Niemann and Wasmer and had gone to Valdez's house a number of times the evening to purchase drugs. Jeff testified that at one point, later in the evening, Niemann and Wasmer had suggested that the three of them go to Arizona that night, with a view to selling drugs, as they had discussed in the past. Jeff also testified that he had advised them that he would go but would first have to go to his parent's house, where he had been living, to pick up some money. He testified that he arrived home at around midnight, spoke briefly with his father, got some money and returned to the trailer. When he arrived at the trailer he noticed Niemann's car had been moved. Niemann and Wasmer immediately emerged from the trailer, ready to leave and visibly nervous. They drove to Arizona shortly thereafter. Jeff further testified that he knew nothing about the murders until advised during a telephone call home while he was in Arizona. Jeff Boppre was convicted of both murders in 1989. While Niemann was charged with robbery, he received a favorable sentence of five to seven year sentence, after he agreed to testify against Jeff Boppre. Wasmer was never charged.