Saturday, May 06, 2000
Kidnapping suspect in court
Grand jury may get case
By Susan Vela
The Cincinnati Enquirer
COVINGTON — Gregory J. Marcinski, who allegedly posed as an FBI agent to kidnap a computer consultant who was later found dead, seemed wide-eyed and alert Friday when he ap peared in U.S. District Court here.
Still, he leaned forward and dropped his head as U.S. Magistrate Judge Gregory Wehrman read a four-page federal affidavit elaborating on why Mr. Marcinski, 23, of Brick, N.J., faces a federal charge of impersonating a federal agent.
Mr. Marcinski — dressed in a white T-shirt, olive green pants with an elastic waist, white socks and black sneakers — hadn't been in Kentucky a full day. His debut court appearance in the commonwealth is expected to lead to many more.
Assistant Commonwealth Attorney Linda Tally Smith said she plans to take Mr. Marcinski's case before a Boone County grand jury in the next month and seek a capital kidnapping charge.
If convicted, Mr. Marcinski could face the death penalty. Kidnapping becomes a capital offense when the victim — in this case, Paul Jeffrey Gale — isn't released alive. Impersonating an FBI agent carries at most a three-year sentence.
“My belief at this point is that this case does carry the potential for ... a capital offense,” Ms. Smith said.
Mr. Marcinski will remain in the Kenton County Jail under the federal and state charges.
At Friday's hearing, Judge Wehrman read aloud an affidavit that Larry Adams, an FBI agent from Covington, wrote after interviewing Mr. Marcinski. According to the affidavit:
Mr. Marcinski had been pursuing a face-to-face meeting with Mr. Gale, a native of Great Britain with a New Jersey address, to “clear the air.” He visited the Holiday Inn in Florence where Mr. Gale was staying to talk about their mutual involvement with Darla Guidie, a New Jersey woman.
Mr. Marcinski said he was angry that Ms. Guidie was seeing Mr. Gale while supposedly still dating him. His anger had “practically destroyed any relationship” with Ms. Guidie, he said.
He called Mr. Gale to arrange a meeting but Mr. Gale said that wasn't possible until he returned from a business trip to Kentucky. Mr. Gale worked for a New Jersey company, TRW Integrated Supply.
Mr. Marcinski knew Mr. Gale always stayed at Holiday Inns while traveling. He drove his grandmother's Buick to the Florence location and, in the early hours of April 17, Mr. Marcinski told the desk clerk he was “a special agent” and wished to speak to Mr. Gale.
Hotel employees have said they let Mr. Marcinski call Mr. Gale's room, once he identified himself as “Special Agent Trimble.” Mr. Marcinski had said Mr. Gale was part of a federal witness protection program and had violated guidelines.
The manager then escorted Mr. Marcinski to Room 215. The two men met, briefly went inside the room, and then left the hotel.
Hotel employees have said Mr. Marcinski handcuffed and frisked Mr. Gale before putting him in the car. The federal affidavit, though, said Mr. Marcinski disputes the allegation. He said the two drove around Northern Kentucky for about two hours.
Mr. Marcinski said he dropped Mr. Gale off near the Cincin nati/Northern Kentucky International Airport.
Authorities found Mr. Gale's body 10 days later in a shallow grave two miles from Mr. Marcinski's home. He apparently had been strangled and set afire.
Mr. Marcinski's roommate, Preston Foray, 21, has told federal authorities that Mr. Marcinski came home April 17, disclosed the kidnapping and asked him to help dispose of the body in the trunk of his grandmother's car.
Mr. Foray faces obstruction of justice charges.
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