Page 4 of 4 FirstFirst ... 234
Results 31 to 34 of 34

Thread: Marvin Charles Gabrion II - Federal Death Row

  1. #31
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Facing death penalty, Marvin Gabrion’s appeal rejected in 1997 killing of Rachel Timmerman

    By John Agar
    mlive.com

    GRAND RAPIDS, MI – Marvin Gabrion, Michigan’s only death-row inmate, lost his appeal in the 1997 killing of Rachel Timmerman

    The condemned killer challenged a federal judge’s rejection of an appeal that was based on Gabrion’s contention that he was mistreated by the justice system.

    Gabrion, 68, has exhausted direct appeals and waged a “collateral attack” in a civil process that alleged constitutional violations in his effort to overturn his first-degree murder conviction or win a new trial.

    Chief U.S. District Judge Robert Jonker in October 2018 dismissed Gabrion’s claims that he was wrongfully convicted. Gabrion blamed ineffective assistance of counsel, false or misleading evidence and lying witnesses. His attorneys also presented extraordinary report on four generations of his family’s history in a failed effort to show that he was incompetent.

    “At trial, the prosecutor presented overwhelming evidence that Gabrion murdered Timmerman by restraining her with tape, handcuffs, chains, and cinderblocks, and throwing her into Oxford Lake to sink and drown at the location where her body was found,” an appellate panel wrote in a 32-page opinion.

    Gabrion is also suspected of killing Timmerman’s 11-month-old daughter, whose body was not found, and three others.

    The prosecution said Gabrion killed Timmerman to prevent her from testifying that he had raped her. She disappeared two days before Gabrion was to stand trial in Newaygo County Circuit Court.

    Her body was found in early June 1997, about a month after the killing, in the muddy lake in the Manistee National Forest. He faced federal charges, which allow the death penalty, because the killing happened on federal land

    Michigan law does not allow the death penalty.

    Timmerman was alive when she was put into the muddy, weedy lake from an old, rusted metal boat, the government said.

    A jury sentenced Gabrion to death in 2002.

    In Gabrion’s earlier direct appeal, the federal appellate court noted “the utter depravity of the manner in which (Gabrion) killed (Timmerman).” The U.S. Supreme Court declined to hear that appeal.

    Gabrion is held in the Medical Center for Federal Prisoners, or MCFP Springfield, in Springfield, Missouri. He had been held in a federal prison in Terre Haute, Indiana, where most condemned federal inmates are housed.

    Portage attorney Scott Graham, who has represented Gabrion during the appellate process, declined comment.

    A federal prosecutor previously said Gabrion’s latest appeal could be his last.

    Gabrion is suspected of killing three others: John Weeks, Wayne Davis and Robert Allen.

    The government said Gabrion urged Weeks to take Timmerman out to dinner before she and her daughter went missing. Weeks went missing, too. So did Wayne Davis, a witness to the rape, and Robert Allen, a Kent County man with mental disabilities whose Social Security checks were stolen by Gabrion.

    A three-judge panel – Alice Batchelder, Karen Nelson Moore and Julia Smith Gibbons – heard the appeal. Nelson Moore concurred with the others “that the overwhelming evidence of Gabrion’s murder of Rachel Timmerman on federal property forecloses his guilty-phase claims.”

    But, she said she would have granted Gabrion an evidentiary hearing on his claim of ineffective counsel based on an alleged conflict of interest.

    So far, courts have authorized $720,000 in expenses for Gabrion’s legal fight, including $200,000 for investigators and experts. It’s $100,000 higher than the average at the time, the appeals court said.

    The Death Penalty Information Center said Gabrion is the only Michigan inmate awaiting the death penalty.

    https://www.mlive.com/news/grand-rap...timmerman.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #32
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,318
    Final petition for writ of certiorari filed February 21, 2023.

    https://www.supremecourt.gov/search....c/22-6852.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  3. #33
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,318
    Final appeal distributed for conference 6/22/23.

    https://www.supremecourt.gov/search....c/22-6852.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  4. #34
    Senior Member CnCP Legend Mastro Titta's Avatar
    Join Date
    May 2018
    Location
    Prato, Italy
    Posts
    1,275
    In today's orders, the United States Supreme Court DENIED Gabrion's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Sixth Circuit
    Case Numbers: (18-2382)
    Decision Date: August 4, 2022
    Rehearing Denied: November 23, 2022

    https://www.supremecourt.gov/search....c/22-6852.html

Page 4 of 4 FirstFirst ... 234

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •