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“We don’t have that type of law in Oregon”
Wednesday, March 3, 2010
by Robert Jump
Coos County District Attorney Paul Frasier Tuesday defended his decision not to seek charges against a Coquille man for his part in the interstate flight of Gabriel Morris now awaiting extradition to Oregon on two charges of aggravated murder.
“I’ve got all of these people out there saying why am I not charging Fred Eschler as an accessory after the fact – because it doesn’t exist,” Frasier told Coquille Community News Tuesday. “We don’t have that type of law in Oregon.”
According to Frasier, the only way to have prosecuted Eschler was to charge him with hindering prosecution or aiding and abetting in the commission of a crime.
“Let’s look at hindering prosecution: I have to prove that Fred Eschler knew that Gabriel Morris had committed aggravated murder when he gave him the means to leave town,” Frasier said. “Where is the evidence that Fred and Laura Eschler knew that Gabriel Morris had murdered his mother and Mr. Kennelly? It isn’t there.”
Even the story told to the Eschlers by Morris didn’t tie him to the murders, Frasier said.
“His story to Eschlers was terrorists had killed his mom and dad and in the firefight he shot one of the terrorists. Who killed mom and dad: the terrorists. Is it illegal to shoot a terrorist that just shot your mom and her boyfriend, the answer is no because he’s acting in self defense,” Frasier explained.
A charge of aiding and abetting would mean the Eschlers could be charged with the murders themselves, but, according to Frasier, the evidence doesn’t support the theory.
“To aid and abet, I would have to show that Fred Eschler helped in the planning and commission of the crime,” Frasier told CCN. “Aiding and abetting requires an over act. What did Fred or Laura Eschler do that aided Gabriel Morris in killing his mom and her boyfriend? I don’t have anything. It didn’t happen.“
The same is true of conspiracy, Frasier said.
“Conspiracy is just an agreement to do a crime prior to the act,” the district attorney explained. “Just talking about it with the intent that it occur is the crime. Do I have any evidence of that, hell no.”
Other issues may also be playing into rumors and gossip that Frasier is showing favoritism to the Eschlers. Both Frasier and the Eschlers are members of the Church of Jesus Christ of Latter-day Saints. In addition, both lost children in a traffic accident.
Members of the LDS have been seen as a very tight knit group.
“We both go to the same church and yes I probably see Fred Eschler at church three or four times a month, but that doesn’t mean I’ve shown him any favoritism,” Frasier said. “I have prosecuted members of the LDS Church before.”
In regard to the car accident that took place 11 years ago claiming the lives of Elizibeth Eschler and Robert Frasier, the incident is something Frasier feels he shouldn’t have to explain.
“I’m really upset that I need to explain what our family went through when we lost our son,” Frasier said quickly regaining his composure. “Our first concern was we had lost our son and we couldn’t do anything about it. Our second concern was making sure Ben’s (Robert Frasier’s younger brother who was driving the vehicle at the time of the accident) head was on straight.
We were doing a lot of things with Benjamin to work with him. Is there a bond between me and Fred Eschler because we lost children? I suppose you can say yes there is, but what have we done with that? Have we gone to group counseling or grief counseling, no. Obviously we had a joint funeral for our kids, great.”
Every year on Feb. 15 Frasier takes the day of the accident off work. The Frasier boys were double dating and Ben was driving. The vehicle hydroplaned and struck a tree.
“I take the day off and go do my thing,” Frasier said. “I think Fred does the same thing, but it’s not like we get together and go some place and sing Kumbaya or throw flowers in the river or something.”
Frasier said his oath of office is something he takes very seriously.
“When I got sworn in to be district attorney I made an oath to support and defend the laws of the State of Oregon and The United States of America and I don’t take that oath or promise lightly,” he said. “People can go and talk to anyone they want to see if I show favoritism and I don’t.”
Coos County is an area made up of many small communities. In small communities there are interactions between people that do not always present a conflict of interest, Frasier said.
