Evidence Not Seen by the Jury

Christian Harris was an informant placed in the housing unit where Donna was being held prior to trial by prosecutor Marsha Garst, with the intent of gathering information, just as Melissa Loker had been used. In a recorded call with her girlfriend, Rebecca Van Fossen, Harris is heard saying she does not want to lie about Donna because she believes Donna is innocent. However, she acknowledges that both she and Melissa Loker have been told they will be released if they agree to testify falsely against her.

All informants were given contact information for Investigator Spitler, the lead investigator appointed by Garst, to report any claims or information. Donna’s court-appointed attorney, Albertson, later informed her that Harris had served as a jailhouse informant in numerous other cases prosecuted by Garst.

In total, six inmates testified against Donna—each one was released after doing so. This pattern raises serious legal and ethical concerns.

The call containing Harris’s statement was not discovered until 2019, when the final portions of Donna’s case file were released—11 years after her conviction. Had this evidence been available at trial, it could have been used to discredit key witnesses.

Please listen to the recording and follow along with the transcript provided below. Notable excerpts begin at timestamp 2:25.

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 sees 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.”