Reel to Real

by Joyce Nance

  In fact, the defense showed with each passing expert’s testimony, no evidence was found specifically connecting Shane Harrison to either the video store scene or the mountain scene.

  The prosecution continued to call witnesses. They called the doctors from OMI who performed the autopsies, assorted police officers who investigated and convicts who heard Harrison declare while incarcerated that, in the future, no witnesses would be left alive.

  Several alibi witnesses were also summoned for John Lausell. These witnesses all confirmed that Lausell was in Colorado at the times in question.

  Lausell himself testified. He gave the jury Beckley’s original version of the story — that she shot the grandparents. He stated he didn't have anything to do with the video store murders.

  Jim Wilson, a polygrapher, who administered a polygraph to Lausell, testified. He declared that John Lausell was most likely telling the truth.

  A New Mexico inmate named Larry did not testify. He refused to take the stand despite the fact that he knew he would be declared in contempt of court and receive a year added onto his current prison sentence.

  In total, the state marched forty-five sworn witnesses across the witness stand.

  On cross examination, defense attorney Gary Mitchell questioned every witness regarding their specific knowledge of Shane Harrison’s involvement, and was able to prove that other than Esther Beckley, not one witness could specifically place Harrison at the Hollywood Video crime scene, the mountain crime scene, or even at the Mac’s Steak in the Rough crime scene.

  Finally, it was the defense’s turn to present their side of the story. Christine Harrison, Shane’s mother was called. She testified that she and her husband visited their adopted son on Saturday afternoon, took him to lunch, and gave him money. She said he seemed the same as he always did that day.

  And then it was time for the last witness.

  Defendant Shane Harrison took the stand. He said he had nothing to do with any of the crimes. He further stated that the bulk of the negative things said about him were untrue and that he was being set up by Esther Beckley and possibly John Lausell, maybe others.

  On cross examination, Harrison admitted to over fifty major lies he had told to various people, including but were not limited to: how much schooling he had completed, who his girlfriend actually was, what guns he owned, his ultimate status in the navy, and what crimes he had committed to get himself thrown into prison in the first place.

  He did not, however, admit to any involvement in the video store murders. He stated he didn’t ask why Esther would arrive at his apartment with no warning and demand his car, his guns (which he said did not belong to him) and his neighbor’s leather jacket. His only concern when she requested all of those things, he said, was that she not wreck his car.

  He also testified that Beckley told him she had killed five people and he needed to buy new tires for his car.

  December 18, 1997 9 AM

  The defense rested and Judge Allen dismissed the jury. He dismissed them not only for the rest of the day but for the Christmas holidays (until January 5, 1998) as well. This was an eighteen day break. Closing statements had not yet been made.

  This case was considered by many to be one of the most heinous crimes ever committed in the history of New Mexico. To some it seemed counter-intuitive that the enormous amount of information that had just been poured into the jury’s collective brains was about to have eighteen days to leak back out.

  January 2, 1998

  Despite the fact that the defense had rested, Defense Attorney Gary Mitchell made a motion before Judge Allen to reopen the case and allow him to present another witness. Mr. Mitchell wanted Peter Pierangeli, an expert on polygraphs, to testify that the polygraph given to John Lausell was defective and the results had been interpreted incorrectly.

  Mr. Pierangeli said that, in his opinion, Lausell’s polygraph results showed deception, not truthfulness. Beyond that, he stated that the test should not have been administered at all due to the fact that Lausell was in extremely poor health and took several medications which could have conceivably skewed the test results.

  Prosecutor Michael Cox argued it was inappropriate to let Mr. Pierangeli testify at this late date because the case had already closed and the prosecution would either have no chance to vet this particular witness, or would have to ask for a delay of trial for at least two weeks to properly perform discovery. Besides, Mr. Cox said, Shane Harrison testified under oath that two guys other than John Lausell committed the murders at Hollywood Video, so whatever Lausell said or didn’t say in a polygraph was irrelevant.

  Judge Allen denied the motion to reopen the case. Mr. Mitchell’s polygraph expert did not testify.

  January 5, 1998

  In closing, Assistant District Attorney Julie Altweis said the overwhelming evidence pointed to Shane Harrison committing all five of the murders.

  Defense Attorney Gary Mitchell said none of the evidence pointed to Shane Harrison and he reminded the jury what Harrison had written in blood on his jail cell wall: “I didn’t do it.”

  Special Prosecutor Michael Cox countered the lack of specific evidence by stating that there were no fingerprints, no DNA, no fibers and no hair evidence indicating that Esther Beckley was present at any of the crime scenes either but she had admitted that she was. He said, “The absence of evidence is not evidence of absence.”

  The following is the last paragraph of Mr. Cox’s closing statement.

  “Shane Harrison loves the movies. To a large extent, what’s happened here is a script he wrote and acted out. He’s always wanted to be the star of this little play he’s produced. I ask you that you give him his wish; you convict him of the slaughter of five innocents and all the other charges and make him the star he’s always wanted to be. Thank you.”

  Judge Allen gave the twelve jurors their instructions and then them out to deliberate on sixty counts involving twenty-seven offenses against Shane Harrison.

  January 6, 1998

  The jury began deliberations. Throughout the day, several notes were sent back and forth to the judge. Harrison’s police interrogation tape was requested and denied. It had never been introduced into evidence the judge said. The jury also asked for the Gary Mitchell-created Esther Beckley timeline. Assistant DA Julie Altweis objected to giving the jury the timeline because she said it had not been entered as evidence, nor had she been allowed to add the State’s information to the timeline. Even though Judge Allen agreed with Altweis’s objections, he allowed the jury to have Mitchell’s timeline.

  January 7, 1998

  The jury sent a note requesting the transcript of Esther Beckley’s testimony.

  The note read:

  “In some minds, the case hinged on some of the details of her testimony. Notes are old and sketchy throughout. The case was not clear, so it wasn’t known what details are important at this time.”

  Judge Allen sent a note back saying that no transcripts would be provided; that the jury needed to rely on their own memories.

  Later that afternoon Judge Allen received another note.

  “Our foreperson is trying to tell us that we should convict the defendant when we think otherwise. He does not want to listen to what we have to say. When we do get to talk, he has to argue with us. He also does not want us to take our breaks.”

  The judge replied with a note informing the jury that they were free to elect a new foreperson.

  Before any new elections were held, the original foreman sent a note to the judge with provisional vote results. The jury rendered guilty verdicts on counts 26-28 relating to felon in possession of a firearm and tampering. However, they deadlocked, nine to three on the other fifty-seven counts.

  Defense Attorney Gary Mitchell moved to accept the verdict on those three counts and then asked for a mistrial regarding the others. The judge denied Mitchell’s motion and asked the jury to continue its deliberations.

  The foreman, upon hearing of the complaint
s against him, resigned. The jury then voted on a new foreman, and the same man was elected again. Unanimously.

  January 8, 1998

  The jury sent many more notes, most of them involving requests for transcripts of various witnesses. They again asked for Esther Beckley’s testimony.

  Even though Esther Beckley had testified over a month earlier and her three days of testimony was arguably the most important testimony, the court wrote back, “Transcripts are not available! Rely on your memories.”

  January 9, 1998

  The bailiff informed the judge that one of the female jurors had an ear ache and wished to go home. Upon learning of the woman’s illness, Judge Allen dismissed the jury for the weekend.

  Jan. 12, 1998

  Juror problems continued. Despite the best efforts of the other jurors to convince them otherwise, three jurors contended that the defendant was not guilty on a large portion of charges.

  Judge Allen took the rare step of visiting the jury room to find out if all twelve members were firm on their stances. Shortly after his visit he received a note saying that verdicts had been reached on some of the charges and they were deadlocked on the rest.

  After 32 hours of deliberations, the verdicts were read. Jurors convicted Shane Glen Harrison of felony first degree murder for the fatal shooting and kidnapping of Pauline and George McDougall. They deadlocked on the other three killings inside the video store.

  The jury also convicted Harrison of commercial burglary, armed robbery, possession of a firearm by a felon, kidnapping, and numerous other conspiracy and tampering charges.

  January 14, 1998

  Following a day of various motions by the attorneys, the sentencing phase began. Defense Attorney Gary Mitchell again asked for a mistrial. He also argued that first degree felony murder was not a strong enough verdict to invoke the death penalty. Prosecutor Michael Cox urged that the verdicts be salvaged and the death penalty remain on the table.

  Both the state and the defense made their arguments to the jury as to why the death penalty was or wasn’t appropriate. The jurors took only forty-five minutes to make up their minds on this issue. The jury failed to agree that any aggravating factors were involved in the murders of George and Pauline McDougall. Shane Harrison would not be sentenced to death.

  January 15, 1998

  Five family members from the McDougall/Blacklock family spoke of their great losses during the victim impact segment of the sentencing process. They urged the judge to give Harrison the maximum available penalty.

  Judge Allen sentenced Shane Harrison to a total of 258 years for the McDougall's murders and related crimes. Even with credit for good time, Harrison would not be eligible for parole until the age of 187.

  January 16, 1998

  One of the jurors took the unusual step of writing to the Albuquerque Journal newspaper to apologize to both the victims’ families, and to the city of Albuquerque for the jury's verdicts. He said he was sorry Shane Harrison was not convicted on the five first degree murder charges. Nine of the jurors voted for all twenty-seven counts against Harrison, he said. He blamed two particular jurors for the jury’s inability to obtain convictions, stating that they said, “We don’t believe that Shane could do such a bad thing.” He also commended the prosecution for doing a good job presenting the evidence.

  March 18, 1998

  Then-Bernalillo County District Attorney Jeff Romero announced his intent to retry Shane Harrison for the killings inside the store and to seek the death penalty for the crimes. Harrison’s appeals of his earlier convictions delayed the retrial.

  Dec. 22, 1998

  The Hollywood Video store, closed since the killings, reopened at the same location. The company installed a memorial garden in front of the smaller, remodeled store and dedicated it to the victims. Hollywood Video also pledged to donate a percentage of the profits from the store to local victims advocacy groups.

  March 1, 1999

  After sharpened paintbrushes were found in his cell, Shane Harrison was convicted of having a deadly weapon in prison. Five more years were added onto his sentence.

  October 1, 1999

  Judge Frank Allen issued an order denying Esther Beckley’s request to reduce her sentence.

  July 18, 2000

  In the case of STATE of New Mexico, Plaintiff-Appellee, v. Shane Glen HARRISON, Defendant-Appellant, the New Mexico Supreme Court affirmed the defendant’s convictions.

  Feb. 18, 2001

  Recently elected District Attorney Kari Brandenburg announced she would not retry Shane Harrison, saying that he would die in prison. Even though it had only been five years since the murders, Brandenburg said that the chances of convicting him had lessened with the passage of time.

  Some members of the victims’ families were extremely upset by the decision. They felt it unconscionable that no one would be held accountable for the three murders inside the video store.

  August 2013

  Esther Beckley had been in prison for seventeen years by the time I met her at the New Mexico Women’s Correctional Facility in Grants, New Mexico. I asked her if she had many visitors. She told me that her dad had visited her a couple of years back, and that the parents of another inmate were currently on her visitor list. That was it.

  During her stay at the correctional facility, she had made sporadic attempts to lessen her sentence. They were all of the habeas corpus type and none of her attempts had even a modicum of success.

  In the small but clean visitor’s room at the prison, I told her I was there to get to know her because I was writing a book about the crime. I told her I had decided before meeting her that I believed her court testimony — that I believed her version of the events. I told her unless she told me otherwise, that was the premise I was going by.

  Short, gray-haired and 58 years old, Esther Beckley was not an imposing figure. She was happy, however, to have some company and was a good conversationalist. She kept up on current events and read a lot. Her current job was inside the prison kitchen. She told me she was able to stay out of trouble for the most part, and got by the best she could.

  I asked her a few questions about the crime, but not many. What surprised me, having just read the entire 3,000-page court transcript, was how much of what she said was verbatim from the trial. I wondered if I would have such a good memory about events that had happened seventeen years earlier, especially if I had lied. I asked her if she had access to any court files or transcripts. She said no, which made sense, since she did not have a trial.

  While I was there, I asked her if she was sorry for what happened on March 3, 1996, and despite her various attempts to get her sentence mitigated she said the following:

  “I am very sorry for what happened. I’m sorry for the crimes that were committed. I’m sorry for the lives that were lost for no reason. I wish I would have done more to stop the murders, and I believe I belong in prison for what I have done.”

  The END

  other books by Joyce Nance

  “Escaping the Arroyo”

  ABOUT THE AUTHOR

  Joyce Nance

  Joyce Nance, award winning author, documentarian, video editor, Albuquerque Sports News publisher, paralegal at the Public Defenders Office, has written her second book about crime. Currently, she is pursuing a degree in Criminal Justice and working on her next book.

  Originally from Southern California, she now lives in the Southwest.