WAYNESBURG - A Greene County jury Thursday convicted Jeffrey Robert Martin on all counts, including first-degree murder and child rape, and the panel is now deciding if Martin should be sentenced to death or life in prison.
The jury of six men and six women deliberated for just over six hours Wednesday and Thursday before they decided Martin was guilty of raping and killing 12-year-old Gabrielle Bechen of Greensboro more than two years ago.
Members of the Bechen family cried quietly as the verdict was read. Martin, 51, of New Geneva did not appear to show any emotion as the court clerk read, "Guilty," after each of the eight charges against him.
"I am very happy with the verdict, but I couldn't have done it without these fine police officers," said First Assistant District Attorney Linda Chambers, referring to state Trooper Thomas Schuster, Cpl. William Barnhart and others who investigated the crime. "They did a fantastic job on this case."
The penalty phase of the case will continue at 8:30 a.m. today.
"The cloak of innocence has been lifted. Jeffrey Martin is now deemed a murderer, convicted of killing Gabrielle Bechen," said Greene County District Attorney Marjorie Fox, who is leading the prosecution in the penalty phase of the case.
She said in her opening statement Thursday that the commonwealth already has established two aggravating circumstances at trial that could lead jurors to conclude Martin should be put to death. Martin sexually assaulted Gabrielle, and he killed her to keep her quiet, Fox said.
Fox called one witness, Shannon Presock, Gabrielle's cousin and neighbor, who tearfully explained how the girl's death affected her and her family. Presock said that Gabrielle was a "tomboy, but still a princess." While she was small, she did not shirk from playing rough with the boys in the neighborhood.
"I miss the little things like opening my blinds and seeing Gabby make faces at me, or yelling at her for fighting with the boys, or chasing me around the yard with a bug," Presock said.
When Gabrielle went missing, Presock said she thought she would come back home.
"As the search went on, I prayed for a reasonable excuse for why she had not returned," Presock said. "Why? She didn't deserve this. Nobody deserves this."
Martin's defense team will attempt to convince jurors that Martin should be sentenced to life in prison because of mitigating factors. Martin's attorney, Harry Cancelmi, told the jurors that Martin's background and personal history could persuade them to show mercy.
Regardless of the sentence, "he will remain apart from society forevermore," Cancelmi said. "It will be your choice if Mr. Martin should remain ... in prison for the remainder of his life or if he should be killed."
The defense called two of Martin's eight siblings, who testified about the difficult childhood they experienced. The family lived for a time in Mather, where the house was often dirty and there often was not enough food to eat.
Jeffrey Martin's older brother, Donald Martin of Nemacolin, said that his mother spent her money on alcohol rather than food. Eventually, Donald Martin decided to run away and live with his father, but Jeffrey Martin remained at the house in Mather.
"It was a struggle," Donald Martin said. "Every day, I was waking up in dirty clothes and going to school in dirty clothes. I couldn't take it anymore, so I ran away."
Marc Tabackman, a forensic psychologist, examined Martin to find mitigating circumstances that could be presented during the penalty phase.
"Mr. Martin was also a victim over the years of many things," Tabackman testified.
Jeffrey Martin was apparently hit by a car when he was 6 years old, and the resulting head injury may have affected his mental development and his ability to make decisions, said Tabackman.
Tabackman estimated that Martin has an intelligence quotient of 70 to 75, well below the average IQ of 100. Tabackman also said Martin has a history of being abused physically and sexually as a child and young adult.
During cross-examination, Fox noted that Tabackman's primary source of information concerning Martin's background is Martin, himself.
The jury found Martin guilty of first-degree murder, aggravated assault, rape of a child, aggravated indecent assault of a child, statutory sexual assault, indecent assault, abuse of a corpse and four counts of tampering with evidence.
Martin raped and strangled Gabrielle June 13, 2006, when she came to the Dunkard Township horse farm where he worked. He then used a backhoe to dig a grave, where he placed her body, and hid her all-terrain vehicle and belongings elsewhere on the farm.
Searchers looked for the girl for five days before two volunteers found the girl's ATV. That discovery led to Martin's arrest and eventual confession to the killing.
He recanted that confession when he testified in his defense earlier this week and claimed another man was responsible for the girl's death.