Kevin Francke Replies To My Request For His Wife’s Murder Trial Transcript

Posted: April 30, 2009 in Francke Case

As I have previously mentioned, I made an inquiry with Phil Stanford recently about getting a copy of Frank’s trial transcript if he had one.

Shortly thereafter I received an email from Kevin Francke concerning the transcript.

Trial transcripts

Wednesday, April 8, 2009 10:22 PM

From: "Kevin Francke" <kbf61553@yahoo.com>

To: "Rob Taylor"

robtaylorus@yahoo.com

 

Phil called and asked how he could provide the xtripts from Frank’s trial, which is akin to asking him how to build a small thermo-nuclear reactor which can be transported on a common carrier without detection.

LSS. I loaded them on a disc for him many moons ago, but he can’t zip them into a transportable file to send you, or he can just copy them onto a disk and send them snailmail.

I copied those for you and you had them at one time, so did they go south, or???

Anywho, let me know. All the xscripts are intact pretty much, except the day that Jodie testified around June tenth or so…I think it was a Friday. That would have to be ordered via hard copy from the court of appeals.

hasta,

Kf

 

My reply went unanswered.

Last week I emailed Kevin again. I figured since asking Phil for Frank’s transcript triggered a call to Kevin, which in turn resulted in Kevin sending me the transcript, I’d go right to the source this time, eliminating the middleman. Some habits never die.

The following is my email and Kevin’s response…

— On Fri, 4/24/09, Rob Taylor <robtaylorus@yahoo.com> wrote:

From: Rob Taylor <robtaylorus@yahoo.com>
Subject: ?
To: "Kevin Francke" <kbf61553@yahoo.com>
Date: Friday, April 24, 2009, 10:44 AM

 

So how about a copy of Liz’s transcript now, or do I havta ask Phil so he can ask you?

Rob

And Kevin’s response…

you are still a jackass…go figure.

Friday, April 24, 2009 8:23 PM

From: "Kevin Francke" <kbf61553@yahoo.com>

To: robtaylorus@yahoo.com

 

You can ask Phil if you wish, but I seriously doubt that he can magically produce anything which doesn’t exist Robbie.

The transcripts were never saved on any records due to the acquittal of Liz. The court reporter, Bonnie, was getting ready to trash her 5.25 floppies and allowed me access to her computer to read them.

This was a dedicated computer that was sold to court reporters that operated a proprietary app that could only read their inputs. It was very expensive (about $22,000.00) to buy the system, but it assured them that they could sell the transcript copies to the appellate attorneys for about a buck a page. Big trials made them big bonuses as they were not obliged to public disclosure at the going rate .

Liz’s trial had about 6,000 bucks worth of proprietary copies to be made if I wanted to preserve it. It certainly wasn’t worth it after reading it.

It may be interesting reading to you if you want to know how a psychopath/sociopath man behaves when he is wigged out on drugs and the circumstances he has put himself into, and how he projects that upon his captive audience, but it wasn’t a good read for me. As Bonnie told me, "You’ve got a good, strong woman there who cares about her kid(s). And so it was.

Tim’s parents have visited here, at our home, and run into Liz and myself often, and there is nothing that they hold over her, at all, because they also know that Tim was, and what he was capable of inflicting.

You’ll need to find fodder elsewhere. It is what it is, and You is what you is. Why you feel the need to slam me, or Liz is beyond me. lol! in my humble opinion!

kf

ps. You’ve alienated everyone but Shorty. Shorty? Where do birds flock? Why do I bother to crack open a door with you? Your dad was a lot more right than wrong.

Personally, I feel the tone in Kevin’s email is quite defensive. Why?

I simply asked for Liz’s transcript because it involves the murder of Tim Natividad. Had Liz’s trial been about the murder of someone unrelated to this case I couldn’t have cared less about it.

In reading the jury selection process of Frank’s transcript that Kevin sent, I came across a statement from a prospective juror who said they felt if the DA’s office had charged someone with a crime, they felt that individual was probably guilty. That they couldn’t imagine the DA’s office charging anyone unless they had a substantial amount of evidence against that person which would result in a conviction.

While I feel that is a very naïve statement, I am not surprised that this person or others feel that way. On that note I became more curious as to what kind of case the DA’s office had against Liz that made them feel they could win a conviction. You don’t think the DA’s office was unaware of Liz’s self-defense defense do you? They obviously didn’t buy it or they would’ve dropped the case.

Although Kevin thinks I have alienated “everyone,” he is mistaken. There are others just as interested as myself who would like to read Liz’s trial transcript. Kevin is obviously referring to the handful of lops who I went a few rounds with some time ago.

Kevin says “the transcripts were never saved on any records due to the acquittal of Liz.”

Since when don’t they save transcripts of acquittals? When I called the courthouse a few months back in an attempt to get the transcript I was given a case number and instructions on how to obtain the transcript. It was also explained to me that I would only be allowed to purchase copies. An expense of hundreds of dollars or more at the rate they charged. Something close to a buck a page if I remember correctly.

However, I was told the attorney of record (AOR) could obtain the transcript on disk. I explained the AOR was deceased, and learned that Liz could appoint a new AOR to request the transcript.

Getting no assistance from Liz, I decided to enlist the services of a local Salem attorney to submit a formal request of the transcript, and kept my fingers crossed. Didn’t help! The court’s response was that they were unable to provide copies of the transcript requested because they were destroyed in a fire at the courthouse on November 12, 2005.

Thus, I resorted to asking Kevin hoping he had a copy and would share it with me.

Kevin’s excuse about not being able to preserve a copy for himself due to the cost of the computer system which could read the disks is ridiculous. Furthermore, he states that he was given access to the disks and read them. The entire trial? I highly doubt it, but maybe so.

If Kevin took the time to read her transcript himself, then why should he be surprised at me or anyone else for wanting to read it as well?

Maybe we want to read it for the same reasons he did.

Also, Liz was the defendant who had every right to a copy of her transcript at a reasonable price, and there are indigent services organizations which may have been able to provide financial assistance if needed.

Kevin says “It may be interesting reading to you if you want to know how a psychopath/sociopath man behaves when he is wigged out on drugs and the circumstances he has put himself into, and how he projects that upon his captive audience, but it wasn’t a good read for me.”

Yeah, that might’ve been interesting reading. Would that have been testimony from Liz which painted that picture? Were there others who testified to how Tim behaved while he was wigged out on drugs or was this picture solely painted by a defendant trying to convince a jury she acted in self-defense? Was there any testimony to corroborate Liz’s version of what transpired in the hours leading up to Tim’s death?

Quite frankly I’m impressed as hell with the representation Liz got from Charlie Burt with less than four months to prepare for trial. Liz was tried and acquitted within five months of the murder. Guess she didn’t wave her right to a speedy trial. A procedure common to defendants who are not incarcerated prior to trial. No, this murder trial was wrapped up quick and all tidy like, and I’d like to see just how Charlie Burt did it. I’d like to know how someone who wigged herself out on meth was able to convince a jury she was being truthful, and why the prosecution wasn’t buying any of it.

I guess with comments like these I have to admit I’m slamming them now…WITH FACTS!

While I’m at it, I’d like to know why Jodie Swearingen fingered Vince Taylor for killing Rooster in her hypnosis and still feels that way to this day.

Told me so in the past month. Oh that’s right, I’ve alienated myself from everyone says Kevin. Kind of hard to be alienated when they give you their phone number, but that’s Kevin’s story, and I’m sure he’s sticking to it. Might be alienating myself now from Jodie by sharing her comments, but oh well, everything does have it’s price. Right Kevin?

Jodie even said Kevin and Liz are both aware of her feelings about Vince, yet strangely, both have supported and helped Jodie in numerous ways for well over a decade now.

So why do you suppose I’m not afforded anything close to that kind of support by Kevin? Why do you suppose Kevin associates with Jodie, the Natividad family, and others who haven’t even come close to devoting as much time and effort as I have in seeking justice for his brother and for Frank, yet shuts down communication and disassociates himself from me? Not to mention he slams me for my association with Shorty. How is my association with Shorty different from Kevin’s association with Jodie? I’ll tell ya how…my association with Shorty has produced results. What has Kevin’s association with Jodie produced other than a dent in his pocketbook?

The list of “peculiarities” with regard to Kevin and his desire to slam and disassociate himself from the one and only person who has stepped up like no other has been steadily mounting over the past five years, and the time has come to address all of them in chronological order with a web page for the site. Believe me, it will be a very interesting and factual read.

Yes, it really makes a lot of sense to slam and disassociate yourself from someone who has spent five years building a website about your brother’s murder, put himself in the trenches so to speak, and produced results like no other. Someone who Kevin himself has posted is an intelligent guy willing to get his feet wet in this case. Someone who Kevin turned over all of Frank’s case files to. Someone who Kevin let take his children camping, and the list goes on.

So, is this Kevin’s way of admitting his perception of me was all wrong? If Kevin had me figured out all wrong wouldn’t that be a shining example of his ability to perceive other’s true intentions in this case?

All else aside, I think I’ve more than earned the right for him to at least communicate to me just what it is he thinks I’m doing that is inappropriate or justifies his lack of communication with me. The fact that he has never taken the time to debate any issues with me tells me he’s not confident in his own argument. Go figure.

The best reason I can think of not to argue a point is if you are arguing it with an idiot. If Kevin gives me credit for being intelligent than I guess he doesn’t think I’m an idiot. Has he decided he was wrong about that now too? All these mistakes and misperceptions.

Can’t help wondering if he’s wrong about his perception of his own wife.

Well Kevin, I’ve said my piece. What say you now?

"WE" are all waiting for your response or even one from Liz. Don’t believe me? All you gotta do to find out is post your reply. I deserve an answer.

 

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Comments
  1. shylox3 says:

    I have quite a bit to say on this, but must make it short for now. I guess my first thought is, maybe Kevin doesn’t get a dry sense of humor. He got very defensive instantly after Rob said "do I havta ask Phil so he can ask you" To me I just laughed at that. I thought it was clever humor. I did not read anything negative into it. Am I the only one who sees some form of Jekyll and Hyde from Kevin? One time he is nice and cooperative and the next minute he sounds like a smart ass jerk. No offense Kevin, I do not know you and don’t know enough about this case to form that opinion. It’s just a pattern that I have noticed. I’m curious as to what you are doing Kevin to help in this case. You seemed like a man on a mission when you first came to Oregon, who would stop at Nothing to find your brothers killer and all involved. You were positive that Frank was not the killer. What changed Kevin? I mean this sincerely, if you are doing something, if you have another site that I can see progress at then please enlighten me. I would love to help.I really believe that the two of you are both wanting the same thing. I can totally understand why Rob gets frustrated. I see this amazing website that he has spent years on, and I see no more comments. No one is helping him!!!! If we all want the same thing, why not discuss the issues as adults, move on and all work together?

  2. Ex-Salem says:

    I do not think Frank Gable killed anyone.I believe all the corruption; I heard some of it first hand.But what I don’t understand is why they would frame a meek nobody like Gable, when they had the perfect suspect in a dead man, Natividad.Just tell the public he did it; he is dead, no trial, no defense!, unless that would have caused an uprising from the drug/criminal community. Honor among ‘thieves’. Which may have shifted the blackmail scales the other way, as I am sure Tim had a lot of friends/contacts. If Gable was friends Mark Gesner, then that right there puts doubt in my mind. And Gabel’s size does not help matters any. Although if he was spun who knows what he may have been capable of. That is the one thing people forget when mentioning his size. Another thing I question, if Tim was using meth, why would the copy clerk and other Dome building employees think he was nice looking?Tad Natividad did not have anything nice to say about Liz, I am surprised nothing happened to her. Or have they reconciled in the last 20 years?I understand how the grand jury could indict Gable, no defense there, but a trial jury convicting him, on the word of cranksters…… oh, wait, they are not allowed to hear that and I am sure they cleaned them up. But c’mon, I am sure the defense could have discredited them in some way. I have been on 4 jury trials and the foreman of the grand jury, the way this all was handled just shocks me. We had an officer escort inmates in the grand jury to testify, but not ONE sit in on the whole proceeding. Everyone should be outraged whether they believe his guilt or not, because it is the taxpayers that are paying these corrupt hypocrites salaries and retirement.Bottom line, this is not the first time and I am sure it won’t be the last. A lot of this probably would not have happened if drugs were legal which would take the profitability out of it and we just allowed them to self medicate and become manual CPR training.But that’s just a whole other subject!

  3. Rob says:

    With all due respect Shylox, Kevin and I don’t even come close to wanting the same thing, and that has become quite apparent to me these past four years.

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