Kill the Ones You Love (27 page)

CHAPTER 52

After all the prosecution and defense witnesses were through, Judge Stone had Gabe Morris stand. The judge asked if he wished to testify. Gabe, who had behaved himself all during trial, stood up and quietly said that he did not wish to testify. So the judge asked if that was his decision alone, and that no one had coerced him or made promises to him concerning that decision. Gabe said that was the case.

Judge Stone added, “Do you understand that you will not be able to change your mind, once the defense rests its case?”

“I do,” Gabe replied.

Judge Stone had him sit back down and asked Fahy if there were any more witnesses for the defense. Fahy said there were none, but then he had a brief conversation with DA Frasier. After it was done, Fahy told the judge that they had both stipulated that all the comments Gabe made about black ops and his exploits in Las Vegas could not be corroborated by law enforcement. In other words, all of that was in Gabriel Morris's mind and he had not actually done any illegal activity in that regard.

 

 

The defense may have been done calling witnesses, but the prosecution was not. They called Laura Eschler to the stand. Laura reiterated that Gabe had dated her daughter Esther and had been very good friends with the family. Then she went over what had occurred on the evening of February 8, 2010, and basically said what her husband had already testified to. She said that Gabe had been in a hurry, but that his words were coherent.

Fahy, on cross, had no questions, but Judge Stone had one question. He wanted to know why Gabe immediately went to an area in the Eschler household and picked out some sweatshirts to wear.

Laura answered, “We always treated him like family, so he knew where they were.”

 

 

It was now time for closing arguments. Paul Frasier heaved a big sigh before beginning his oration. “Many people spoke of Gabe and reported that he said this or said that. But most of the time, it was Gabriel Morris who was doing the self-reporting.”

DA Frasier added that it was known that Gabe had been lying to people for a long, long time. Frasier said that all of this predated the ROTC, when the defense alleged that Gabe started becoming delusional. Frasier said that Gabe was not delusional; he was just a chronic liar.

Frasier declared that Gabe had tried to make himself the center of attention all of his life. Even Esther Eschler had commented upon how selfish he could be. Frasier said that all of Gabe's lies had nothing to do with his alleged delusional system.

As far as Jessica went, Frasier related that she was so naive she went along with whatever Gabe told her. Even when he told her that his relationship with Brenda had been platonic and not sexual, she believed him. And that was in 2008, before Gabe's supposed delusions started kicking in. Frasier stated that most things Gabe said could not be believed.

Then Frasier asked the judge to look at the crime scene photos, which he produced, one by one. Frasier said they told the real story of what happened that night. Frasier argued that the bullets came down from the balcony and went through a potted plant. Gabe had to be hiding behind that potted plant when he started firing. Frasier noted that Gabe was a trained deputy, who knew how to shoot. He wounded Bob and his mom several times; then he walked down the stairs and shot Bob in the chest. He walked over to his mom and shot her in the head.

“He is not a delusional guy who just keeps shooting from wherever. He knows what he had to do to kill them. And he had a ten-round clip. He had to reload to finish them off,” the district attorney detailed.

Frasier said there were plenty of criminals who had brilliant plans, but the execution of the plans was a different story. “Was this the best plan in the world? No. But it was planned.”

And Frasier said that the Eschlers' testimony had to be taken into account. They saw him less than an hour after the shootings. They both spoke of how in control of himself Gabe had been. He knew what he wanted and got it from them. And everything he got was to enable him to go on the run. By just going on the run, Frasier said, that proved that Gabe knew that what he had done was wrong.

Frasier pointed out what Gabe had told Dr. Sasser. Sasser had asked him about the Eschlers and his story about terrorists. Gabe responded, “It was just a story I could tell them and get a car and get out of there. And it worked.”

Frasier concluded that on the night that Gabriel Morris killed Bob Kennelly and his mother, Robin Anstey, he was not delusional. Frasier claimed Gabe was only angry at them and his anger was fueled by excessive drinking of alcohol and marijuana use.

 

 

Peter Fahy began his closing argument by saying that he believed Judge Stone would find Gabriel Morris guilty as the shooter. That seemed to be a foregone conclusion from all of the circumstantial evidence against him. But Fahy added that Gabe totally believed that his delusions were real. Doctors Mallory and Larsen had pointed out that those types of delusions and paranoia were often directed at someone close to the delusional person. Fahy said that Gabe got to the point where he believed even his mother was poisoning him and his family. Fahy added that Gabe took his family on the run to try and escape his apocalyptic visions.

Fahy stated that Gabe had taken his family up to Silverton, Oregon, because “the chatter in his head was unbearable, and he went back to a place of stability.” There in Silverton he tried to reconnect with his grandmother, his old friend Ray Wetzel and companion from his missionary days in Australia, David Bastian. All of them, however, were alarmed by the paranoid and chaotic stories he told. They worried about his physical and mental health. Wetzel had even called him delusional and wondered if Gabe was hallucinating. Gabe had hoped to bring his mom up there to Silverton, and perhaps open a bed-and-breakfast place or coffee shop. But by now, he was far beyond any rational schemes; nothing of this sort was even close to happening.

Fahy asked why, if Gabe intended to ambush Bob and Robin, he didn't do so right at the door so he could shoot them when they first came into the house. When he started firing from the balcony, he could have easily missed them. If they ran out into the darkness of night, they could have evaded him. Fahy added that descending the staircase and firing multiple times was crazy and definitely not a well-conceived plan. Gabe did not kill them with the first clip of bullets. He had to reload another clip—something he might not have had to do if he had ambushed them right at the door.

Fahy also noted that Gabe didn't even take a $300 cashable check with him, when he was in desperate need of money. Any rational person would have known that a few Walmart cards and a handful of cash were not going to get them very far. In fact, Jessica had to resort to begging for money when they were on the run.

Fahy related that there was no plan in place at all; Jessica and Kalea had to leave quickly in their pajamas, with no shoes on their feet, and Gabe was not wearing any shoes as well. They left all of their belongings in the Popes' red pickup truck and took off in Bob's pickup, which had no supplies in it. Going down the hill, Jessica said, Gabe was in such a panic, worried that the “shooter” might get them, that he nearly rolled the pickup twice and nearly skidded off the road, into the river. Fahy contended there was no shadowy gunman, except in Gabe's delusional mind.

Fahy also stated that some defendants will try to fabricate mental illness to evade having to go to prison, but Gabe never did. In fact, despite so many people saying he was mentally ill, he continued to deny it. Fahy noted that Gabe never supported an insanity defense; he merely tolerated it.

Even during his Virginia interview, Gabe tried to disguise how mentally ill he was, according to Fahy. Fahy said that Gabe sat there stoically for four hours, and his outward appearance seemed calm. But inside he was in turmoil, and that was shown by what he said. Many of his thoughts were erratic, inconsistent and made little sense. During one time period during the interview, he went on and on, for page after page of transcripts, with no interruption.

As Fahy put it, “The paranoia came tumbling out.” In fact, there was one sentence that had no breaks in it for ten lines of transcript. Everything was mixed together in one jumbled, chaotic, stressed mass on Gabe's part.

Fahy related that Gabe not only thought he was a prophet; but near the end, he had told Michael Stockford at the Bandon church, “I am Jesus Christ!” Fahy catalogued one irrational incident after another.

Fahy wanted Judge Stone to watch a DVD once again of Gabe interacting with Dr. Sasser when he was interviewed. Fahy claimed that Sasser often veered away from areas that could have been productive in showing just how delusional Gabe was.

In fact, Fahy said that the police investigators in Virginia had performed a better interview than Dr. Sasser had. Fahy said they had let Gabe talk at length and drew him out as far as his real mental state. Fahy claimed that Sasser had made up his mind early on about Gabe and only asked him questions that buttressed his premature findings. Fahy added that Sasser disregarded statements by people who knew Gabe, such as Pam Hansen, Ray Wetzel and Isabelle Hayden.

According to Fahy, Dr. Sasser had misstated what the
DSM-IV
actually said a delusional disorder was. Even Dr. Sasser's comments about the shooting seemed to help in what Fahy was arguing. Sasser had testified about the shooting, “It had made no sense.” Fahy agreed with that and told Judge Stone, “Of course, it made no sense. It was delusional.”

As to why the shooting happened at all, Fahy said that Gabe believed he was acting in perceived self-defense. According to Gabe, he only wanted to talk to Bob Kennelly and his mother, Robin, on the night of February 8, 2010. But Gabe had taken the precaution of arming himself with Bob's gun because he knew Bob had several guns. In fact, Gabe also knew that Bob had a concealed-weapons permit.

Fahy claimed that when Bob came into the house, Gabe perceived Bob to be reaching for a gun. Fahy said that Gabe's police training kicked in and he started firing. Gabe did what any police officer would have done. According to Fahy, he kept firing until the threat was removed. When police officers see someone pull a gun, they don't fire to wound; they fire to take out the person. Fahy related that in Gabe's delusional state, he saw Bob and Robin as threats. Only later would Gabe be so traumatized by the event that he would come up with the shadowy figure on the balcony shooting Bob and Robin. By that point, Gabe's mind could no longer accept the fact that he had killed his own mother. He had to invent in his mind someone else who had done such a thing.

As far as Frasier saying that Gabe was a known liar, and did it right up until the end, Fahy countered by stating, “He believes everything that comes out of his mouth, no matter how crazy it sounds. That's the nature of the disease. That's the nature of the delusional disorder.”

CHAPTER 53

Just before he passed sentence, Judge Stone gave Frasier one last chance to speak. The district attorney began by repeating a quote from Gabe that he made to the police investigators in Virginia: “I'm not gonna sit here and try to plead my case and say that I'm innocent. No, no, I'm not gonna say that. I'm guilty of what I've done. Guilty as charged of what I've done, and much more.”

Frasier stated that the case could be broken down into two main issues. The first issue was whether Gabriel Morris had been the shooter who caused the deaths of Bob Kennelly and Robin Anstey on February 8, 2010. The DA added that all of the evidence pointed to Gabe as being the killer, and he had even admitted to that in Virginia. He also told his wife he had done so, and Judy Ward as well.

The main part of this case then was whether Gabriel Morris was insane at the time of the shootings. And, of course, Frasier contended that he was not legally insane. Frasier added that he agreed that Gabe had issues in making rational decisions. Then the prosecutor said as far as the state went, they did not know what his problems were. The defense of mental illness or defect required that there be proof that was described in the statute. In other words, the defense had to prove that. It was not up to the prosecution to do so.

Frasier noted that there were three mental-health experts who had testified in the case, and not even they could agree on what issues Gabriel Morris had: Dr. Mallory believed that Gabe suffered from a delusional disorder. Dr. Larsen thought he might have a delusional disorder and possibly a personality disorder. Dr. Sasser said that Gabe did not suffer from a delusional disorder, but had behavior that was more consistent with alcohol abuse and marijuana abuse. All three doctors had said that their diagnosis was not a close call for them.

With such a wide range of opinions from the experts, Frasier stated that the court itself should not be able to find a
preponderance
of evidence of what Gabriel Morris had suffered from. And if that could not happen, then the defense had not met its burden of proof in its case, regarding the aspect of mental illness.

Frasier said there had been a lot of evidence from the defense that Gabe thought of himself as a prophet. But according to Frasier, in no way had they linked that to a motive for the killings. He hadn't shot Bob Kennelly and his mother, just because they didn't believe he was a prophet. And there was no evidence that God was telling him to kill people.

Since the doctors disagreed on whether Gabe knew right from wrong at the time of the shootings, Frasier said the evidence gave proof that he did. And the most glaring facts were what occurred directly after the shooting. Gabe riffled through Bob Kennelly's pockets because he wanted money to go on the run. He didn't take the Popes' truck, which could be linked to him, he took Bob Kennelly's truck and abandoned it in Coquille. He drove at a high rate of speed away from the house. If he didn't think he had done anything wrong, then why did he believe he had to flee?

The district attorney said that Gabe had been a police officer and he realized that investigators were going to be looking for a missing pickup truck. So he drove to the Eschlers' home and left Bob Kennelly's pickup truck there in exchange for the Eschlers' car. Gabe was mentally fit enough to ask for things he needed in a getaway. And as they drove away, he hid in the backseat, with Jessica at the wheel of the car.

The prosecutor noted that in San Diego Gabe got rid of the one piece of physical evidence that could tie him to the shootings: Bob Kennelly's handgun. In Virginia, Gabe even told the investigators about that gun: “It's not going to be found.” Unfortunately for him, it was found near a place where he had been identified as robbing a convenience store with a handgun.

Frasier said that at one point in his interview in Virginia, Gabe told investigators, “I know I may have to die or go to prison for the rest of my life, but I will do that for Kalea, because she's the most important thing in my life.” In other words, he knew what he had done was wrong.

As to the second part of the equation—could he conform his actions to the requirements of the law—Frasier had his answer for that as well. The DA noted that a week before the actual shootings, Gabe had taken his family away from Bob Kennelly's house. If he really believed they were all in danger of being poisoned, then they had gone beyond that danger by leaving. So there must have been some other reason that they went back. And Frasier said it was because of his anger at Bob Kennelly and his mother, Robin. Gabe didn't just burst into the house, shooting. He did surveillance on the house until they left, got Bob's gun and waited in ambush when they came home.

The district attorney used one statement after another from the Virginia interview against Gabe. And to wrap things up, Frasier said that the prosecution's position was that mental illness had nothing to do with why Bob Kennelly and Robin Anstey were murdered. Frasier declared that Gabe Morris killed them because he was angry. The attorney noted that even the judge had spoken of the killings as being an ambush.

“We feel, that given the fact that two people died, this is a situation where the maximum penalty that the court can impose should be set forth. We waived the death penalty in this case, but two people died. We feel the sentence should be life on each count, without the possibility of parole,” the prosecutor declared.