Barner defense suggests confession was coerced
Published 5:00 pm Tuesday, October 18, 2005
Thirteen-year-old Morgan Barner admitted to murder, police testified, but his defense attorney is suggesting he may have been coerced.
Barner first told police 44-year-old Frank Eckel committed suicide on Sept. 11, but after a four or five hour interrogation — without an attorney or parent present — Wallowa County Sheriff’s officer John Campbell said the boy told him he killed Eckel to end the man’s emotional pain due to a breakup with the mother of his children.
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In Oct. 12 detention hearing, Judge Russ West ruled the Wallowa boy should be held in state custody because he’s a threat to the community. West also waived Barner’s right to have a trial in 28 days, as well as another 28-day extension.
This means Wallowa County’s first murder trial since Liysa Northon killed her husband in a Lostine campground in 2000 won’t happen for at least two months. The majority of the prosecution’s case was brought forward in the hearing, revealing two contradictory stories of the day Eckel died and a troubled past for both victim and accused.
Campbell was the first witness called and the first law enforcement officer to reach the scene the afternoon of Eckel’s death. When he arrived, he said he saw Barner first and the boy directed Campbell to the body’s location.
After surveying the body, Campbell said, he read Barner his Miranda rights and swabbed his hands to test for gun powder residue.
Eckel was dead with a gunshot wound to his upper left chest when Campbell arrived. The body was sent to the Oregon State Medical Examiner in Portland, where an autopsy determined the cause of death was a .22 caliber gunshot from about 1 to 4 inches away, Campbell said. The coroner ruled the death a homicide.
In the back of a police car, Barner said the two were taking shooting practice in the field behind their house, testified Sgt. Mike Wilson with the Oregon State Police. When Eckel sent the boy away, he shot himself, Barner told Wilson.
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Next to the house where Barner lives with his mother and sister, Eckel was living in a camping trailer after being separated from his three children and their mother. A restraining order was filed against him because he had allegedly split open the head of one of his children, Campbell said.
On Sept. 15, Barner was interviewed in the Wallowa County Courthouse, this time with a polygraph machine. After 4 or 5 hours of questioning, Campbell said Barner admitted to shooting Eckel because the man was so distraught due to being separated from his family. “Mr. Eckel was in a lot of pain and missed his family and kids. Barner said it (shooting him) was the best way he could help Mr. Eckel,” Campbell said. Campbell said Barner described how he approached and shot Eckel, noting the look of shock and surpise on his face. Then Barner said he turned the body over to see if he was still alive, he said. In a series of questions, court-appointed defense attorney Rick Dall asked Wilson if they pressured the learning-disabled boy into a confession. Wilson denied the accusation.
When confronted by his mother, Barner changed his story again, saying Eckel committed suicide, Wilson testified. When asked why he changed his story again, Wilson said Barner didn’t want to hurt his mother.
In a previous hearing, Dall said he has police reports saying Eckel attempted suicide four years ago, but survived because the gun jammed. He said in court Barner should be released into his mother’s custody because he has had no history of violent or aggressive behavior in school.
Having tested Barner several times, special education supervisor Lynn Wingo testified Barner was learning disabled and often absent from school. Wingo also said Barner was below average in understanding social situations and his visual/motor skills were very low.
Next door neighbor Kathy Casper testified Barner was shooting on a daily basis and his carelessness frightened her and her family. Casper said the boy had never threatened them, however.