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State v. Gianakos5/23/2002
ere not suspects in Camp's murder and did not become the focus of the investigation until September 1998, more than a year later, when appellant's family contacted authorities indicating that they had information regarding the Camp murder. In their recorded statements to police and in subsequent trial testimony, appellant's parents explained how appellant had called them on the telephone crying and upset, purportedly having just read an entry in one of Jamie's journals detailing the murder of Camp. Appellant's mother claimed that appellant told her he was living with a murderer and that he thought his wife shot Camp. Appellant's father testified that appellant, seemingly reading directly from an account of Camp's murder written by Jamie, conveyed statements about giving Camp some pills that did not kill her, not being able to shoot her because she was stumbling around "woozy," noting that her throat was slashed, and indicating that Jamie wore latex gloves while putting a butcher knife with appellant's prints on it into a plastic bag and burying it. Appellant's father encouraged appellant to save the book and go to the police with it.
Based on this information appellant's home was searched and although some journals belonging to Jamie were seized, including one that made reference to Camp "haunting" her, none contained the specific statements appellant had shared with his parents. Nonetheless, authorities found appellant's statements significant because at this time in the investigation, the only information that had been released to the public regarding Camp's murder was that she was killed on or about May 1, 1997, and that she had suffered a gunshot wound to the head. Investigators knew that any additional information about Camp's death, such as the fact that her throat had been slashed, would only be known to those somehow involved in the murder. But appellant's statements regarding the pills confused investigators and prompted them to order a more in-depth lab analysis than that originally performed in conjunction with the autopsy. The results of this subsequent analysis revealed a concentration of doxylamine succinate in Camp's system–a drug common in sleep aids–equal to approximately 85 times the normal prescribed dosage. Experts testified that such high quantities would have significantly debilitated Camp, physically and mentally, making walking very difficult and perhaps even causing death.
On June 11, 1999, Jamie began serving her sentence at the Shakopee correctional facility for a probation violation. Investigators obtained permission to monitor Jamie's calls and those coming in and out of the Gianakos home, hoping they might reveal new potential witnesses or other information helpful in solving the case. Investigators also interviewed Jamie but she remained silent on the advice of appellant. Eventually however, with the news that appellant's parents had made statements to authorities implicating her and that a grand jury was being convened to seek a first-degree murder indictment against her and appellant, Jamie testified that she could no longer take the pressure. On October 21, 1999, Jamie confided in a fellow inmate about Camp's murder, and the inmate subsequently contacted investigators and reported the details of the Camp murder as conveyed to her by Jamie.
On October 28, 1999, a grand jury indicted appellant and Jamie for first-degree murder, conspiracy to commit first-degree murder, and aiding first-degree murder. Appellant pleaded not guilty and opposed the state's motion to prohibit him from invoking the marital privilege. The trial court ultimately ruled that Jamie could testify against appellant relying principally on federal case law recognizing exceptions to the
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