Hearing for Garbow on murder case
Fairness during statement questioned

By DAWN SLADE
Mille Lacs County Times
Posted 2/19/03

Roger Duane Garbow, Jr., 20, of Onamia attended a contested omnibus hearing on Thursday, Feb. 13 at Mille Lacs County District Court.

Garbow has been charged with two counts of murder in the second degree in the death of Melvin Duane Eagle, 45, of Onamia on Jan. 5.

Also being charged in the case are Coleman Lee Weous, 18, and Bryan Wesley Sam, 17, both of Onamia.

William Klumpp, Jr. of the Minnesota Attorney Generalís Office, assisted by Mille Lacs County Attorney Jan Kolb, asked Judge Steven Ruble to honor the stateís request for a saliva sample from Garbow for DNA testing.

Garbowís attorneys, Dan Benson of St. Cloud and Barbara Rudquist of Zimmerman, argued that Garbowís Miranda rights were violated and questioned the overall fairness in the method in which Garbowís statement was taken.

Special agent Jon Hermann of the Bureau of Criminal Apprehension (BCA) was the first witness to testify. Hermann was one of the two people who questioned Garbow, including Justin Churchill of the Mille Lacs Tribal Police Department.

Benson argued that the defendant gave only brief responses to the investigatorsí questioning. And that the investigators put words in the mouth of their client.

The beginning part of the audio tape from Garbowís statement was played for the court. Trying to hear Garbowís responses was clearly difficult for everyone in the courtroom.

After Garbow was read the Miranda warning, the defendant said he understood his rights.

But when asked if he was willing to talk with the investigators, it was difficult to understand what Garbow wanted to do.

Hermann reiterated several times, in different ways, what Garbowís rights were and that it was up to Garbow if he wanted to talk with the investigators or not.

The judge is now taking everything under advisement, and will be reviewing the audio and video tapes as well.

Briefs by the defense must be submitted to the court by Tuesday, Feb. 25, while the stateís briefs must be submitted by Tuesday, March 4. The judgeís decision will follow the submission of those briefs.

Garbowís trial is currently scheduled for Monday, March 31.