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Family doesn�t buy insanity defense By Chris Bristol A Prospect man at the center of a baffling homicide has waived his right to a jury trial, putting his life in the hands of a judge and setting the stage for a legal battle over his sanity and the degree of his guilt. Attorneys for Mark Curtis Fernandez say their client admits that he bludgeoned his 20-year-old cousin, Jaime Fernandez, with a paving stone last year. The question why remains a mystery. "Mark did it," Grants Pass attorney Gary Berlant told reporters shortly before a hearing Wednesday in Jackson County court. "That part of it isn�t in dispute." What is in dispute is whether Fernandez, 27, was insane at the time. According to his attorneys, psychiatric experts say he was. But members of the extended Fernandez family, many of whom attended the court hearing Wednesday, say he wasn�t. "We�re family," explained Milton Smith, the victim�s uncle. "We know Mark. He�s not insane." "We�re wasting our tax money on this," added Jaime Fernandez, the victim�s same-name father. "This guy did it. What�s going on?" The insanity issue is crucial. A murder conviction in Oregon means 25 years in prison, without hope of early parole. However, a finding of insanity (technically "guilty but insane") would put the defendant in the lifetime custody of the state Psychiatric Security Review Board, which could release him someday from the Oregon State Hospital in Salem. By waiving his right to a jury trial, Fernandez put his future in the hands of veteran trial judge Ray White. The court postponed argument on a defense motion � Berlant wants Fernandez�s confession thrown out � at the prosecution�s request. No trial date has been set. A pre-trial hearing is scheduled July 31. Outside court, Berlant said psychiatric experts for both the defense and the state have determined that Fernandez was insane at the time of the murder, putting prosecutors in an awkward position. "It�s a strange situation when experts on both sides agree the defendant is insane but (prosecutors) continue to pursue a murder case," he said. "Mark is taking responsibility for what happened. The issue is placement. He needs help. He shouldn�t just be locked up in prison." In October, sheriff�s deputies arrested Fernandez after he led them to his cousin�s body in a remote area near Lost Creek Lake. Jaime Fernandez, who was still recovering from a near-fatal car wreck in 1998, had been missing from his home in Eagle Point for two days. Investigators said Fernandez recounted an unspecified "incident" between him and his cousin before leading them to the body. A seasonal firefighter, he was identified as the prime suspect because he was the last person who saw or spoke to the victim. Berlant said the motive for the killing remains a mystery, and prosecutors to date have revealed few details. Family members, too, are at a loss. "We don�t know why" it happened, the victim�s father said. "There�s been no explanation." Obituaries | Sports | Business | Classifieds | Tempo | Prime Times | So Oregon Sites | Outdoor Journal | Subscribe | Contact | Movies | Advertise | Real Estate Showcase | Archive | Editorials | Letters to the editor | Religion | Wake-up Call | NIE | Cyber Chef | Job Network | So Oregon Weather | WSJ Northwest | Forums | AP Wire | AP Money | F.A.Q. | Awards Ottaway Newspapers, Inc. The Community Newspaper Subsidiary of Dow Jones & Co, Inc Copyright �The Mail Tribune 2000, Medford, Oregon USA