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Murder confession upheld in Fernandez trial By Dani Dodge Among the evidence jurors will be asked to weigh in the trial of Mark Curtis Fernandez � accused of killing his cousin � will be Fernandez�s own confession. "The court does find the state has established clearly that the statement was clearly and voluntarily made," Judge Ray White ruled Thursday. "And the motion to suppress is denied." Fernandez, 28, of Prospect is accused of the kidnap and bludgeoning death of his cousin, Jaime Fernandez, in October 1999. A few days after Jaime went missing, officers interviewed Fernandez at the state forestry office in Central Point where he worked as a seasonal firefighter. During that conversation, which police taped, Fernandez confessed to the killing. Fernandez then led officers to his cousin�s body in a remote area near Lost Creek Lake. The motive remains unclear. Jaime Fernandez was still recovering from a near-fatal car wreck in 1998 and had been missing from his Eagle Point home for several days when his body was discovered. Fernandez�s trial is expected to begin March 27, although it has been previously postponed numerous times. Fernandez continues to be in custody, without bail, on charges of murder and first degree kidnapping, second-degree kidnapping and second-degree criminal mischief. Defense attorneys have said they are seeking a verdict of "guilty but insane," a conviction that would put Fernandez in the lifetime custody of the state psychiatric Security Review Board, which could release him at any point from the state hospital. But prosecutors are seeking a murder conviction, which carries an automatic penalty of 25 years in prison without the possibility of parole. On Thursday, though, defense attorney Gary Berlant sought to have the confession thrown out. Briefs filed in the case allege police did not read Fernandez his Miranda rights when they should have. Defense attorneys also argued that the admissions were not voluntary because there was "an implied promise of leniency." But after reviewing the tape recording of the interview privately, White said he didn�t believe the officers promised treatment instead of prosecution. Jaime�s family, who crowded one side of the courtroom, were pleased with the ruling and said they are looking forward to finally getting to trial. "It�s hard for us to have closure," said Candace Fernandez, Jaime�s sister. "You get to the point of closure and then something else like this (hearing) comes up." Many wore buttons bearing Jaime�s picture at the hearing. The judge warned them they couldn�t wear the photos during the trial. But even without the buttons, many will still have remembrances of Jaime with them at the trial. Eight members of Jaime�s family also have tattoos bearing his name. Reach reporter Dani Dodge at 776-4471, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.