Post by SoulTrainOz on Jul 23, 2006 20:08:02 GMT -5
A federal judge in Grand Rapids is considering part of an appeal by a convicted murderer on death row.
In 1997, Marvin Gabrion drowned Rachel Timmerman in a lake in Newaygo County.
The lake is on federal land, but at issue is whether Gabrion's case
belonged in federal court.
Marvin Gabrion murdered 19 year old Rachel Timmerman by drowning her with chains and concrete in Oxford Lake in the Manistee National Forest. It's a calculated act that would have landed him in jail for life in Michigan. But, because it was a national forest, the federal government prosecuted the case and Gabrion got a death sentence.
"It was the most difficult decision I've ever made, but I believe the right one, says Melanie Scott who was on the jury that convicted and sentenced Gabrion.
She showed up in federal court this morning to hear Gabrion's appeal. It's an appeal that ultimately seeks a new trial for the convicted murderer. Something Melanie has nightmares about.
"I think he's possessed by the devil, very evil, and very scary," Melanie says.
At issue for a federal judge in Grand Rapids, and an appeals court in Cincinnati, is whether the federal government has the legal right to prosecute lawbreakers on its own property, if the crimes are not directly related to the land. If it were illegal logging, or burning down the forest, there would be no question. But, a murder is a different story.
The history of who owned the Manistee National Forest, when it was sold, and under what circumstances are all relevant to this case.
But, the possible results are what some worry about.
"I've pretty much resigned myself that we're going to be dealing with him for the rest of our lives," says Kim Verhage.
Her granddaughter Shannon, who was Rachel Timmerman's daughter, has been missing since Rachel was killed in 1997.
Gabrion was suspected in the baby's murder, although her body was never found. And, every time there is even a remote possibility Gabrion may win an appeal, Kim Verhage shows up for her granddaughter, hoping justice will be served.
"Nobody remembers that there's a 1 year old baby still missing," Verhage says. There is no timetable for when the judge will give his ruling. But, no matter what it is, it will go back to the court of appeals.
They will make the decision about Gabrion's future, and may clear the way for his death.
(source: WZZM News)
In 1997, Marvin Gabrion drowned Rachel Timmerman in a lake in Newaygo County.
The lake is on federal land, but at issue is whether Gabrion's case
belonged in federal court.
Marvin Gabrion murdered 19 year old Rachel Timmerman by drowning her with chains and concrete in Oxford Lake in the Manistee National Forest. It's a calculated act that would have landed him in jail for life in Michigan. But, because it was a national forest, the federal government prosecuted the case and Gabrion got a death sentence.
"It was the most difficult decision I've ever made, but I believe the right one, says Melanie Scott who was on the jury that convicted and sentenced Gabrion.
She showed up in federal court this morning to hear Gabrion's appeal. It's an appeal that ultimately seeks a new trial for the convicted murderer. Something Melanie has nightmares about.
"I think he's possessed by the devil, very evil, and very scary," Melanie says.
At issue for a federal judge in Grand Rapids, and an appeals court in Cincinnati, is whether the federal government has the legal right to prosecute lawbreakers on its own property, if the crimes are not directly related to the land. If it were illegal logging, or burning down the forest, there would be no question. But, a murder is a different story.
The history of who owned the Manistee National Forest, when it was sold, and under what circumstances are all relevant to this case.
But, the possible results are what some worry about.
"I've pretty much resigned myself that we're going to be dealing with him for the rest of our lives," says Kim Verhage.
Her granddaughter Shannon, who was Rachel Timmerman's daughter, has been missing since Rachel was killed in 1997.
Gabrion was suspected in the baby's murder, although her body was never found. And, every time there is even a remote possibility Gabrion may win an appeal, Kim Verhage shows up for her granddaughter, hoping justice will be served.
"Nobody remembers that there's a 1 year old baby still missing," Verhage says. There is no timetable for when the judge will give his ruling. But, no matter what it is, it will go back to the court of appeals.
They will make the decision about Gabrion's future, and may clear the way for his death.
(source: WZZM News)