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Gabrion's death sentence upheld

  Aug 29, 2006


GRAND RAPIDS - Marvin Gabrion, sentenced to death in a federal court for the murder of a young woman on federal land in Newaygo County, lost his appeal today over the jurisdiction of the federal government.

Judge Robert Holmes Bell ruled Friday "the federal government had legislative jurisdiction and law enforcement authority over the Oxford Lake parcel of the Manistee National Forest." The ruling means Gabrion's death sentence is valid.

Gabrion was convicted of murdering Rachel Timmerman, 19, in the national forest nearly a decade ago. Her body was tossed into Oxford Lake, which is federal property. In the appeal, Gabrion's attorney argued the federal court did not have jurisdiction.

Bell ruled the federal government does, indeed, have jurisdiction, and that the US District Court for the Western District of Michigan Southern Division was the correct place for the trial.

Timmerman's one-year old daughter, Shannon, also disappeared but was never found.

Gabrion, 52, remains in a federal penitentiary in Indiana.

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