Slaying suspect claims confession was coerced by police
WAYNESBURG – A Fayette County man who could face the death penalty if he is convicted of killing a 12-year-old girl claimed Wednesday he was coerced into giving a confession to state police, and did not understand his constitutional right to remain silent despite unrelated past arrests. Jeffrey Robert Martin, 48, of New Geneva allegedly strangled and then buried Gabrielle Bechen near her Dunkard Township home. Bechen was reported missing on June 13, 2006, by her family.
Police said Martin led authorities to Bechen’s body on June 17 after a searcher found her all-terrain vehicle buried underneath manure on the horse farm where Martin worked.
The hearing, before Greene County Judge William Nalitz, was in support of a motion to suppress Martin’s statements to police. Nalitz has given both sides additional time to file legal memorandums supporting their arguments before ruling.
To be successful in a motion to suppress Martin’s statements, Public Defender Harry Cancelmi must convince Nalitz that Martin did not speak to police willingly or knowingly or that he was not properly read his rights.
Several law enforcement officers testified that Martin came voluntarily to the barracks on June 16 to meet with a polygrapher from the FBI. He was there from about 3:20 until 11:45 p.m.
During that time, two FBI agents testified that Martin was told multiple times he was free to leave. Martin, however, claimed that he tried to leave and agents yelled at him and blocked the door.
The results of Martin’s polygraph were not introduced into evidence, but Special Agent Robert Ambrosini said they prompted him to press Martin for the truth. Polygraphs are not admissible in court.
On June 17, police arrested Martin after a searcher found Bechen’s quad. He initially agreed to talk to police and was read his rights, but then requested a lawyer.
He claimed he was put in a police car on a hot and humid day with the windows up and denied water.
“The windows weren’t let down until I got the water and I offered to tell them what happened,” Martin testified.
Troopers involved, however, indicated that the windows were down, and a constable who was with Martin while police continued their investigation testified he got Martin water.
Martin testified that he told police “at least 12 to 15 times” that he wanted an attorney, but his requests went ignored.
Several troopers testified that Martin did initially ask for a lawyer when he was arrested. However, as he sat in the police car waiting to be taken to the barracks, he had a change of heart, troopers testified.
Trooper Thomas Shuster indicated he and others were continuing their investigation when they were radioed that Martin wanted to talk to police. He was again read his rights, and at that point, agreed to talk to authorities.
At first, troopers testified that Martin said that a man paid him to bury the quad “for insurance purposes.”
Cpl. William Barnhart said he was angered by what he believed to be a lie and told Martin he was wasting investigators’ time.
And when Martin swore to God he was telling the truth, Barnhart said he told Martin that God knows what he did. In his experience, Barnhart said people who make that type of oath when denying a crime and generally being dishonest.
Barnhart said he later apologized to Martin for his anger and tried to explain to him that the five-day search was difficult for everyone.
“We’re all parents, we all have children, and we felt it was important to get this girl back to her parents,” Barnhart testified, noting that he held out hope that Bechen would be found alive.
As investigators unearthed Bechen’s quad, however, police said Martin told them they wouldn’t find her body with it.
A short time later, police testified he led them to her buried helmet and shoes, and eventually he told police they would need a backhoe as he led them to the 6-foot-deep grave where her body was buried.
In a taped confession played during the hearing, Martin can be heard telling police that he strangled the girl after she threatened to tell her parents that he molested her. He told police he lost control and chased her down.
After he killed her, Martin said in the tape that he dug her grave and put two bags of lime on her body.
Martin testified he did not understand his rights, commonly referred to as Miranda warnings, any of the times they were read to him and in some cases indicated he was not read his rights at all.
“I really didn’t understand what they (police) wanted. I was just going with what they wanted me to do,” he testified.
When Assistant District Attorney Linda Chambers asked Martin what made understanding his rights so difficult when he had been charged with unrelated crimes in the past, he said this time was “different.”
“Why?” pressed Chambers.
“Because of all the torture and yelling and screaming,” he testified.
Martin acknowledged signing a waiver of his rights at the barracks, but testified he “just agreed to do something to stop the torture. It wasn’t a voluntary confession.”
Martin was initially charged with criminal homicide, aggravated assault and tampering with evidence. In August, after receiving autopsy results, police filed charges of rape, statutory sexual assault, aggravated indecent assault, sexual assault and abuse of a corpse against Martin.