BURLINGTON — A New Jersey man accused of murder and kidnapping will undergo a mental evaluation to stave off the possibility of the death penalty.

        Those declared insane cannot be sentenced to death, and that is the sentence prosecutors could pursue if Gregory J. Marcinski, 23, of Brick, N.J., ultimately is convicted of the April death of Paul Jeffrey Gale.

        Mr. Gale, 28, a native of Great Britain, had been dating Mr. Marcinski's ex-lover, Darla Guidie of New Jersey. Mr. Marcinski allegedly kidnapped him from the Holiday Inn in Florence by posing as an FBI agent April 17. Mr. Gale had been on a business trip.

        Ten days later, Mr. Gale's body was discovered about 2 miles from Mr. Marcinski's home.

        He was in a shallow grave, burned beyond recognition and with strangulation marks around his neck.

        Judge Jay Bamberger of Boone Circuit Court agreed Tuesdaythat Mr. Marcinski could undergo a mental evaluation. He wants to see an evaluation report within a few months.
       

Federal charge still on tap

        Defense attorney Tim Schneider said federal prosecutors in New Jersey still could indict Mr. Marcinski on a capital kidnapping charge. If that happens, attorneys would then discuss whether the case should be prosecuted in either or both court systems.

        “We're just waiting to see if, in fact, that occurs,” Mr. Schneider said.

        Mr. Marcinski remains in the Boone County Jail.

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