Evidence Not Seen by the Jury

Christian Harris was an informant planted inside the housing unit where Donna was being held for trial by Marsha Garst and used to gain information, exactly like Melissa Loker was. Christian is heard speaking to her girlfriend Rebecca Van Fossen stating that she does not want to lie against Donna because she believes Donna to be innocent, but that she and Melissa Loker will be free if they do choose to lie on the witness stand. They were all given contact information for Investigator Spitler (the lead investigator appointed by Garst) to call with any information. Donna’s court-appointed attorney Albertson told Donna that Christian Harris had been used on many previous cases by Garst.

Six inmates testified against Donna and all of them were released after they testified against her. This should be illegal.

This call was found in 2019 after receiving the remainder of the case file, a full 11 years after Donna’s conviction. This could have been used in court to discredit several witnesses that testified at trial.

Please listen and follow along with the transcript below. The transcript highlights important sections of the call. The transcript begins at 2 minutes, 25 seconds.

2:25 *Christian – “Are you going to make any of those calls for Donna?”  “This is her [Donna] life, her life is at stake.”

4:18 *Becky – “Obviously you wouldn’t be doing it if you didn’t believe in your heart what she’s [Donna] telling you.”

*Christian – “I do believe it deeply, truly, and she is my friend.  No one else in the world see’s the urgency that her and me do”

5:23 *Christian – “Something is going to happen from you doing that when you make these calls and you get these people start talking amongst themselves.  Even if you get through to one person, they’re going to call other people, lying on this case. Do you see what I mean?  And the word is going to get out.  And they’re going to come forward and they’re either going to renege on this shit, recant their story or they’re going to fucking completely change their testimony, and it could be what saves the girl’s [Donna] fucking life.  These people are full of shit and they’re lying on her.  I truly believe that in my heart.”

*Becky – “Knowing you, I don’t believe you would protect somebody you felt was lying.”

*Christian – “I wouldn’t.  If I thought she [Donna] was guilty I would tell it to her fucking face.  I’d say she’s guilty and I don’t want to have anything to do with her.” 

7:03 “She’s [Donna] gotten judged a lot in here by these other women who don’t know her story and don’t know what’s happening.  And she’s been ridiculed and cussed out and put down and every fucking thing and I’m not going to do that to her.  I believe her.  And I know her even beyond that.  You know what I mean?  We’ve spent a lot of time together here just talking, bullshitting and surviving day in and day out.   I just don’t see her [Donna] as a killer.  I don’t. I don’t think she would hurt anybody unless she absolutely had to, because of defending herself.  I really don’t.  I mean, I believe that in my heart.  I really don’t think Donna would do anything to anyone.”

*Becky – “They’ve been mean to her?”

7:56 *Christian – “Yeah, very.  And other things, I just can’t discuss.  Because they’re recording my calls, so I’m not saying shit.  But Donna, I do believe she’s innocent.  I mean, I could always talk to April and Melissa, because they know me and now they’re trying to get me to save my own ass, on my friend.  I’m not doing it.  I can’t.  As much as I hate this place I can’t do it.  They’ve [April and Melissa] gone as far as giving me the investigator’s name and everything and I’m not doing it. I can’t, I can’t do it to her.  You know? She’s obviously my friend.”

*Becky – “Obviously.”