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Bates allegedly admits to murder of uncle

David Cole | Hagadone News Network | UPDATED 13 years, 2 months AGO
by David Cole
| August 23, 2011 9:00 PM

ST. MARIES - A 28-year-old North Idaho woman has allegedly admitted in a video-taped interview with police to shooting her uncle to death at his home south of St. Maries in May.

Melisa R. Bates was bound over to 1st District Court for trial on the charge of first degree murder following her preliminary hearing on Monday.

Magistrate Patrick McFadden heard from seven witnesses, called by Benewah County Prosecutor Douglas Payne, and determined he had seen enough to believe Bates likely murdered 43-year-old Robert D. Marek on May 15.

Idaho State Police Det. Paul Berger was the first to testify, saying, "She admitted that she shot Mr. Marek and then burned his body," in the backyard of Marek's home about eight miles from St. Maries along Highway 3.

Payne said Berger's multiple-hour interview with Bates was video recorded.

Berger also testified that Bates allegedly admitted throwing the gun used in the killing into the St. Joe River. The water was running high in May and the gun hasn't been recovered. Payne said authorities haven't given up looking for the weapon at the location allegedly identified by Bates.

Berger said bullet holes were found in one building near Marek's mobile home, along with some casings.

The detective said human remains, mostly bone, were found in a makeshift fire pit in the middle of Marek's lawn.

He said Marek's body was burned along with tires, wood and hay, ringed by rocks and cinder blocks.

Days after the murder, authorities said Marek had been beaten with a metal rod. Berger said a rod was found at the scene, driven into the ground near the fire pit.

Bates was taken into custody at a boat launch in Bayview, as she was preparing to head for Lakeview, Berger said.

Two other witnesses on Monday, both friends of Marek's, said they encountered Bates at Marek's home on the night authorities believe he was killed.

The friends went to pay him a visit, but found only Bates, who said she didn't know where Marek had gone.

She told both men she was having problems with the plumbing at Marek's home. Both noticed the backyard fire blazing, despite the pouring rain.

One of the witnesses, Charles Harpole, of Calder, a tiny town east of St. Maries, said Bates kept saying the water flowing at Marek's was "blood red."

He thought that was odd, and attempted to correct her by suggesting she meant "rusty." She persisted in her description.

As for Marek's whereabouts, Harpole said Bates told him he's "outback someplace."

He added, "She acted a little strange."

He said she was soaking wet, and was talking about how she needed to get some clothes washed.

Authorities know Marek was alive earlier in the day, a Sunday, because he was spotted at a grocery store in St. Maries.

The next day, May 16, Marek was a "no call, no show" for work at the Stimson Lumber manufacturing facility in St. Maries. That was very uncharacteristic of him, and authorities were alerted.

Harpole and a Benewah County sheriff's deputy went out to Marek's house and discovered the bones in the smoldering fire, including a portion of a skull.

Another friend of Marek's, Ernest Flodine, of Troy, testified that he recalled an argument between Marek and Bates that was sparked by the sale of a vehicle. Authorities have said Bates had been staying with Marek.

After Marek told her to mind her own business, Flodine said Bates allegedly stood up and responded, "I can shoot you right between the (expletive) eyes, and it won't bother me a bit."

Bates' competency was called into question after her arrest, but a doctor concluded this summer that she is able to understand the charges against her and can assist defense attorney William Butler in her defense.

Bates currently is being held at the Benewah County jail.

A date for her trial has not been set.

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