Friday, April 07, 2000
Defendant admits he killed girl
No leniency promised in exchange
BY JANE PRENDERGAST
The Cincinnati Enquirer
COVINGTON — First, he claimed he wasn't guilty. Then, he said he was too mentally unbalanced to stand trial.
Thursday, he admitted he killed Jennifer Harber.
Jeffrey Lee Gabbard became an admitted killer Thursday at a hearing during which his public defenders practically begged him not to speak up.
The judge spent more than an hour trying to make sure Mr. Gabbard understood what he was about to do.
Commonwealth Attorney Don Buring said he would seek the death penalty despite Mr. Gabbard's admission.
Mr. Gabbard, 31, said he killed Miss Harber in October 1998.
He signed an agreement to that effect — all in exchange for no promises of any kind of leniency or help from anybody.
“He has given up everything in exchange for nothing, no promises from anyone,” lawyer Mike Folk said, attempting to argue that anyone who would do such a thing could not be acting “intelligently and knowingly,” which the law requires.
Kenton Circuit Judge Steven Jaeger rejected that notion, saying he found Mr. Gabbard to have thought out his decision and made it freely.
Mr. Gabbard hoped he would be sentenced by Judge Jaeger only, not a jury. But Mr. Buring asked for a jury's involvement and the judge granted it.
The lawyers estimated that the sentencing phase — even without having to determine guilt or innocence — will still take about three weeks. A time for that will be set later.
The robbery charge to which he also pleaded carries a possible penalty of 10 to 20 years.
Investigators say Miss Harber, 17, a Highlands High School junior from Fort Thomas, was killed because she would not give Mr. Gabbard her car. He wanted to run away with his niece. The niece led police to Miss Harber's body in a Covington park.
Mr. Gabbard, a convicted burglar and drug seller, had been out of an Ohio prison about two months when he killed Miss Harber. He was wanted at the time, accused of a parole violation on the Ohio charge.
Miss Harber's family sat in the courtroom during the proceedings. After Mr. Gabbard's plea, her father said he was pleased with what had happened.
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