Death row inmate trying to appeal conviction

The case involves the murder of 19-year-old Rachel Timmerman. She initially accused Gabrion of rape. Timmerman then disappeared, along with her one-year-old daughter, in 1997. The mother's body was found in Oxford Lake, a remote area of the Manistee National Forest in Newaygo County. The child is still missing.

When crimes occur on federal property, they can, and have been, prosecuted by the federal government. But according to Gabrion's court-appointed attorney in Kentucky, Kevin McNally, there is question in this case whether feds had the authority to do that.

"They have a proprietary interest. That is, they have a right to do things with the property, but apparently they have not extended their criminal jurisdiction to cover this particular area," McNally told 24 Hour News 8.

The question emerged one week ago when the U.S. Attorney's Office uncovered unknown documents on the issue. Gabrion's attorney admits he has not read through the hundreds of pages, but there was enough of a question that the U.S. Appeals Court sent it back to U.S. District Judge Robert Bell to consider.

Gabrion is facing the death penalty in federal prison in Indiana. He still proclaims his innocence on Web sites on the Internet.

Gabrion has raised a number of legal issues in his appeal, including his competency to represent himself in trial.

McNally believes Gabrion is pulling more than just straws.

"There is a substantial question about Gabrion's innocence. This is a highly circumstantial case. There are no witnesses. Whatever physical evidence there was�was remotely connected to Mr. Gabrion," said McNally.

McNally believes it could take years before it this case concludes.

The hearing on the matter is scheduled for June 14 in Grand Rapids. If the judge says the federal government had no jurisdiction, the case will go back to the appellate court, which could then throw it out. It could still be tried in state court, but there would be no death penalty.