Hi Rex,
I just wanted to say thanks for posting in my guestbook. I spoke to Frank last night on the phone and he said he had been in contact with you like you said.
I don’t have a copy of Frank’s trial transcript. I wish I did. As for the life without parole sentence, that’s what’s currently stalling Frank’s case from reaching the federal appeals level. Like you said, life without was not an option when the crime occurred. It became an option when he was convicted. Frank’s lawyers apparently took it upon themselves to decide they would rather the jury decided on Death or life without…compared to Death or life with. Their reasoning being that decision probably saved him from the death penalty. Whatever, they were supposed to let Frank make that decision.
In my opinion it’s a wasted argument now. It has stalled Frank’s case from reaching the federal level for nearly four years now, and the best case scenario is Frank will be resentenced to life with the possibility of parole. Paroled straight to a fed prison where Frank has an 8 year sentence which runs consecutive to his state murder charges.
Click on the following link to read more.
Rob
With all due respect Mr. Brockman, if you’re serious with your offer to help, I’d suggest you check your email more frequently. I sent my reply two weeks ago, and have yet to receive a reply.
Update on Frank’s state appeal status:
Harrison Latto, the attorney handling the resentencing argument that is still lingering in the state appeals court since it was first argued by David Celuch in June of 2005, has filed a transcript with the court. A brief is due in a few weeks.
After he files the brief, it could take the state six months or more to file a responding brief. The case is then set for argument, which takes a few more months. Then it is taken under advisement by the court. A decision might be issued within a few weeks after that (in which case it would probably be an unfavorable one), or could take a year (better chance of a favorable decision). Appellate litigation is slow and there is no way to avoid the delay.
So, as for Frank’s case getting to federal court sometime this year…I seriously doubt it!