Sixth Circuit reverses first death penalty imposed in Michigan since 1937

Today the Sixth Circuit Court of Appeals overturned the first death penalty to be imposed in Michigan since 1937. United States v. Gabrion, Case Nos. 02-1386, 1461, 1570, arises out of a federal murder prosecution in the United States District Court for the Western District of Michigan. 

Although Michigan abolished the death penalty in 1846, defendants convicted in the federal system are still eligible for the death penalty. Mr. Gabrion murdered a 19-year old woman and her infant daughter and dumped the bodies in Manistee National Forest giving the federal government jurisdiction to prosecute the defendant. 

Although the Sixth Circuit panel unanimously affirmed Mr. Gabrion’s conviction, Judges Merritt and Moore determined that Mr. Gabrion’s sentence must be reversed because defense was entitled to inform the jury that Mr. Gabrion would not have been eligible for the death penalty if this case had been prosecuted by Michigan state authorities. 

It is likely that the government will file for en banc review or a writ of certiorari, to appeal this case to the United States Supreme Court. Either request has a fair chance of being granted.

In 1996, the State of Michigan accused Mr. Gabrion of raping Rachel Timmerman. While awaiting trial on the rape charge, Mr. Gabrion murdered Ms. Timmerman and her young daughter. Although the child’s body was never found, Ms. Timmerman’s body was recovered on July 5, 1997 in Oxford Lake. The lake is located within Manistee National Forest. Because Ms. Timmerman was found in Manistee National Forest, both the State of Michigan and the United States Government had jurisdiction over the case. Ultimately, the federal government assumed jurisdiction over the case and prosecuted Mr. Gabrion for the murder of Rachel Timmerman.

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Source: JDSUPRA, August 8, 2011