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A Video Testimony

Three months before trial, a woman in failing health was wheeled into a Grand Rapids courtroom Tuesday to provide videotaped testimony against a Newaygo county man who could face the federal death penalty if convicted of murder.

Katherine Westcomb recalled how her son, Lloyd Westcomb, talked with Marvin Gabrion at a convenience store in Newaygo County before Rachel Timmerman's Body was discovered in July 1997.

Gabrion told her son that he got rid of a girlfriend permanently by placing her in a lake with chains and blocks, Westcomb said.

The conversation made Lloyd Westcomb's neck hair "stand straight up," according to his mother.

Westcomb's testimony was preserved on videotape for possible use at Gabrion's trial, set for Feb. 25.  He is charged with drowning Timmerman, 19, in a lake in the Manistee National Forest, about 70 miles north of Grand Rapids,   She had accused him of rape.

It is an unprecedented case for West Michigan:  The government will ask jurors to order the death penalty if Gabrion, 48, is found guilty.

Westcomb, 71, was wheeled into the federal courthouse on a bed but moved to a wheelchair inside Magistrate Judge Joseph Scoville's courtroom.  In court documents, Prosecutors describe her as a "crucial" witness in "precarious health."

Westcomb said she did not call police immediately after her son informed her of his conversation with Gabrion.  She also testified that Lloyd Westcomb was treated for schizophrenia.

During cross examination defense attorney Paul Mitchell suggested Westcomb might be striking back at Gabrion because of a dispute with his brother, David, over how much her son was paid to cut wood.

"You've been upset for some time?" Mitchell asked.
"NO," Westcomb replied.  "That's not fair."

Gabrion's trial, originally set for Oct. 1, was postponed while experts evaluated Gabrion's mental health.  A hearing to settle that issue will be Dec. 14


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