Judge: 'You, and you alone' must decide

Gabrion could be the first Michigan man executed since a Midland bank robber more than 60 years ago.

Federal prosecutors left no doubt where they stood.

The "cruel, heinous and depraved" murder of Rachel Timmerman "cries out" for a death sentence, Assistant U.S. Attorney Don Davis said in his opening remarks in federal court.

As Gabrion rowed the 19-year-old woman out into a lake in the Manistee National Forest, she "knew she would never be 20 years old," Davis told jurors.

The historic trial, which ended last week with a guilty verdict, now takes another unprecedented turn. For the first time, a West Michigan jury is being asked to decide whether a defendant should live the rest of his life behind bars or be put to death.

"I will not be able to change it. You, and you alone" must answer the question, U.S. Chief District Judge Robert Holmes Bell told the jury.

By late morning, defense lawyers were waiting for their turn to speak to the jury. They will offer reasons why they believe life in prison is more appropriate.

Bell said they cannot cite Michigan's ban on the death penalty as one of those reasons. Gabrion is being prosecuted in federal court where capital punishment is an option for some homicides.

Last week, after less than five hours of deliberations, the jury convicted Gabrion of killing Timmerman, whose body was bound with chain and cinder blocks in Oxford Lake, about 70 miles north of Grand Rapids. Her mouth and eyes were sealed with duct tape.

The government said Gabrion killed Timmerman to get rid of a pending rape charge in Newaygo County.

During the trial, the judge described Gabrion as "less agitated and more relaxed." That demeanor changed today as Bell threatened to restrain him if he didn't settle down.

Gabrion, 48, let out a deep, loud yawn that caused the prosecutor to pause during his opening statement. He cursed and told his lawyers, "Why can he lie like that?" when Davis talked about a missing man linked to Gabrion.

During a break, he complained about stomach cramps. Gabrion, unshaven, wore a wrinkled blue sweater and rumpled pants.

To return a verdict of death, the jury must find at least one of two chief "aggravating" factors beyond a reasonable doubt. Those factors are the "heinous" nature of the homicide and the planning that preceded it.