Update On Frank’s Resentencing Argument

Posted: June 12, 2009 in Appeals
I made an inquiry this past week on the status of Frank’s lingering state appeal with regard to the resentencing issue. My last inquiry was on March 24 and was told  "The transcript has been filed and I have a brief due in a few weeks."
 
My recent inquiry garnered the following response..
 
"The transcript was filed only about six weeks ago.  I am working on his case now."
 
Ok, yeah I know, six weeks ago would be around the last week of April. A miscalculation or was the transcript actually filed near the end of April and not at the end of March?
 
I decided to ask because back in March I was told to "feel free to ask."
 
Rob wrote:
 
"Did you mean "brief?" I thought you said you filed the transcript back in March and had a brief due in a few weeks.
 
So I guess we’re still looking at about another six months or so for a response, huh?"
 
Lawyer wrote:
 
"I have not yet filed the brief.  I will complete my review soon and be in touch with Mr. Gable about it."
 
Ummm…ok. Maybe it’s just me but that last sentence kinda left me feeling like I’m not so free to ask anymore. I mean whatever, so he filed the transcript in late April. Maybe he spoke ahead of himself in March. No big deal.
 
I remember once talking to David Celuch I think it was, the lawyer who originally argued the resentencing assignment, and being told he was under no obligation to tell me anything related to Frank’s case because I’m not a family member and don’t possess power of attorney for Frank. Hey, I’ve never asked about anything that woudn’t be available under the FOI act. 
 
I actually laughed recalling how Frank gave power of attorney to some woman named Julie Smith who was working on obtaining her PI license and took it upon herself to go visit Frank in Florida in December of 2004. Within a couple of months of that first visit Frank had given her POA. Did I mention she struck up a romantic relationship with Frank as well? Ah, tits and ass. What I could accomplish with that. LOL! No offense to any ladies out there. Just a little sarcastic humor.
 
Julie Smith would be a chapter in my book if I ever wrote one. Interesting story. She’s the woman who obtained Shorty’s address for me by running a DMV check. Phil and Kevin played her (or me haha) by being cordial with her and telling me behind her back that they didn’t know what her angle was, didn’t trust her, and thought she was just one of those convict groupies. Her relationship with Frank didn’t last a year and she’s all but disappeared. Address and phone number required by all PI’s to submit publically are outdated. Might have become current since the last time I checked a few months back. Not important enough to me to bother to check again, but if anyone else wants to I’d be obliged.
 
Julie was also of Native American descent. Cozied up to Frank’s sister Francine real fast. When I had my domestic with my wife she was one primarily responsible for passing immediate judgement on me and painting the picture of me as an OJ looking for a place to happen in her conversations with Francine. Told me so herself later. That led to Francine asking Julie to draw up some worthless legal document threatening legal action against me if I didn’t discontinue my website activities. Remember, neither of these woman had spoken to me about my domestic incident prior to this. I just laughed it off.
 
The last time I heard from her she told me she had tried some meth for the first time the night before and that she had the most fun she’d had in years. LOL! Go figure! Oh yeah, she was also working toward getting hired by SAIF as an investigator. Yeah, the Julie Smith chapter was one of the first interesting peculiarities I encountered.
 
Anyway, back to this appeal thing…pretty safe to assume with his new info that we won’t be hearing about any decision until at least the first part of next year, and it could easily linger well into the latter part of next year before an actual decision on whether or not Frank gets a resentencing hearing. If he does it will be another year before that takes place and when and if it does a new panel of jurors will simply decide on two choices. Life with the possibility of parole or death.
 
If Frank were to get "life with" he’d be about a year away from being eligible for parole. With his record alone he’d get dumped to his next parole date, and maybe the next. That’s about another 2-4 years.
 
No hurry really on any of this I suppose. The eligibility dates are what they are if he becomes eligible. But, Frank’s case can’t proceed to the federal level until this resentencing issue is resolved. For someone who wants to be exonerated, Frank will probably end up delaying his case from reaching the fed level by about 3-4 years, and the fed level is his only chance of being exonerated.
 
 
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Comments
  1. Ex-Salem says:

    Hmmm, I guess if you’re not making the big bucks and it is not your ass in jail, you can drag your feet. I just could not imagine being locked up. (Well, there was this one time…..’in band camp’. LOL No, actually it was actually juvenile detention, I threatened to piss in the corner, but I was only there for no more than 6 hours. Whaaa! Pitty poor me! I would not claim to be innocent, I just like to think that I never hurt anyone and wasn’t a “dumb-criminal”. A little education goes a long way!)If and when (should I be more positive?) Frank gets out. Is he even going to know what the hell is going on out here now days and how to survive?It sounds like Frank needs someone to advocate better for him. As far as, what the hell is he doing giving someone POA within a couple months? Although if you’ve never had anything, it probably doesn’t matter much.I understand your envy of T&A. But it is not all it is cracked up to be. Sometimes it can be a heavy burden. Personally, I rather NOT be noticed. Hmm, tough dilemma. Anyway, do you think the new attorney will get his head out of his ass? Oh, and you must remember, he is dealing with that new ‘Baby, Momma, Drama’ case. That jerk is going to be way too busy to worry about a 20 year old case.Thanks for keeping us informed. I am re-reading stuff and trying to think of new and more questions for you.

  2. Rob says:

    Looks like some clarification is in order. Many different lawyers create lots of confusion. Ken Hadley was Frank’s post-conviction lawyer back around 2000-2001. Mr. Hadley is a stand-up guy IMO. He has always treated me with respect and been very prompt and informative in his responses to my emails. Has been very helpful numerous times with legal questions I’ve thrown at him and provided me with detailed responses. I believe Mr. Hadley was genuinely upset with himself for failing to file Frank’s last appeal on time. The only reason he was placed in the position to file this last appeal is because the appellate court ruled favorably on the resentencing assignment argued by attorney David Celuch in 2005. The Court of Appeals in ruling favorably, dumped the matter for reconsideration back in the lap of Judge Yraguen who had previously ruled unfavorably on the resentencing matter at post-conviction. Not surprisingly, Yraguen ruled unfavorably once again, creating the need to file one more appeal on Yraguen’s most recent ruling within a 30 day time limit. That task was Mr. Hadley’s responsibility and it didn’t get filed within the 30 day time limit. That mistake threatened to sink Frank’s entire federal appeals process on a simple technicality, but lo and behold, new legislation had been introduced seeking to lengthen the time limits on filing of appeals. That legislation passed and became law Jan. 1, 2008.Enter Harrison Latto, an attorney out of Portland who is assigned to handle Frank’s appeal, relieving Mr. Hadley of any further responsibility. Mr. Latto has also been very respectful toward me, and answered my questions promptly with detailed explanations when needed.While my post cast the impression that Mr. Latto may be dragging ass a bit, I don’t really feel that’s the case. Frank is not Mr. Latto’s only client, and Mr. Latto has been reasonably diligent in his responsibilities regarding Frank’s appeal. It’s the courts who are taking forever to render decisions. As always, I try my best to keep an open mind with regard to the case strategies in play with the different lawyers. I mean, for all we know, Latto may have been asked to slow-play things a bit just to give Nell Brown more time to familiarize herself with Frank’s case before her clock starts ticking after Frank’s case officially goes federal. Nell Brown has about 40 other cases she’s currently assigned to. How much time do you think that gives her to educate herself on Frank’s case? Some sad, harsh realities, huh? Well, I’ll say this…I have yet to see anything from any of the lawyers that would warrant any harsh criticsm. Frank told me recently that Nell Brown is now capable of holding a conversation with him concerning many of the players in his case, and that’s a very good thing considering the size of her caseload and the short time she’s had to learn about Frank’s case.Anyway, Mr. Hadley is the lawyer who has been assigned to the Stott-Smith (Baby, Momma, Drama) case. Not Mr. Latto who is currently working on Frank’s state appeal.

  3. Rob says:

    Nothing in the link you provided even comes close to providing any type of evidence that could exonerate Frank. The only way Frank can be exonerated is now through the federal appeals process. All state level appeals have been exhausted at this point other than the resentencing issue.The only way the federal appeals process can exonerate Frank is if the lawyer can successfully argue that some sort of courtroom error was made at the trial or that Frank’s federal constitutional rights were violated in some way. That’s it! Unless there was "smoking gun" evidence, and even then you could have Shorty Harden turn himself in to the nearest PD with the Francke murder weapon in his hand, with his and Michael Francke’s DNA on it, and Frank wouldn’t see daylight for at least a year. Read some of the links I offer on this site, the message forum, FFG Yahoo Groups, the FFG website, which pertain to other wrongful conviction cases where just such things are happening.There are many stories out there about the sad, harsh realities of the appellate process concerning those who were wrongly convicted and "eventually" exonerated with smoking gun evidence.BTW, Granny brought that link to my attenton about 3-4 years ago when she first befriended me, then worked with me on nearly a daily basis. She had already spent a considerable amount of time perusing the Goldschmidt archives since they were made available publicly. Some of the documents in your link are already posted on this site, the message forum, and FFG Yahoo Groups. Particularly the letter from Kevin Francke’s sister which in no uncertain terms points a finger at Alan James as a nemisis of Mikes’ and possible suspect in his murder. Alan James would eventually finance the movie "Without Evidence" for Kevin and Phil. I find that peculiar. I find it peculiar that Phil Stanford dismissed Kevin Francke’s sister by remarking "isn’t she the crazy one in the family?" She doesn’t sound crazy to me after reading her letter, and Granny agreed with me.As I said, I’ve seen nothing to warrant any harsh criticism of any of the appellate lawyers. None of them have sought out Frank’s case, but rather have had his case dumped in their laps by the court. As for some Perry Mason who might be interested in Frank’s case, yeah I thought the same thing. So I did the Innocence Project thing. You remember Rhonda, back in the old days. We posted a questionaire in the message forum that had to be filled out. Wasn’t much participation in that particular thread. Frank eventually filled it out and sent it off. The Innocence Project isn’t immediately interested in a case unless there’s "smoking gun DNA evidence" involved. Surprisingly and unfortunately there are enough of those to take up the majority of their time, and they’re easy. Just go through the motions and eventually the client is freed and the IP chalks up another victory for their resume. If the IP is responsible for finding the DNA then it’s a deserved victory, if they didn’t then it’s a gimme. The IP is also not interested in any cases without "smoking gun DNA" until the client has exhausted all their federal and state appeals.I wrote a letter to famed attorney Gerry Spence and got a reply which is posted all over my various sites. (Yeah, I know I’m a bit spread out. Gonna try to fix that when time permits) He’s got too many other cases.Again, like I said, they’ve appointed Nell Brown, and she has given me no reason to criticize her efforts thus far. Although I don’t agree with her and her request for any and all independant investigations to stand down, I can assure you she will give you plenty of attention if your independant investigation produces something she can use in Frank’s case.

  4. Ex-Salem says:

    I remember the Innocence Project thing and the questionaire in the message forum that had to be filled out. Sorry I skipped it, I did not think I was smart enough to answer those(the one) questions.Like we all stated. It seems that the main issues is that Able was sporkin’ lame as a lawyer! And judge West must have been getting some kind of kick-backs for this too.It makes no sense, how can you defend yourself if they don’t let you present an alternate theory to the jury. Like I’ve said before, you don’t want the courtroom to become a dog & pony show. But it seems like you should be able to put on some kind of defense other than "I didn’t do it!".Who is this Alan James guy? Is he black?…. own a limo?This whole case stinks of corruption, but then just because you are all corrupt does not mean you know that about each other.

  5. Ex-Salem says:

    Do you have a birthdate, or middle name/initial on this Julie Smith? But you are right, hardly seems worth the effort.

  6. Rob says:

    Julie M. SmithInvestigator #2002774 TOPII@comcast.net 503.698.9437 Should be enough there to find her if she’s still a PI.The following link will take you to one of Granny’s posts in the message forum with a run-down on Alan James. A lot of info here and quite interesting. Especially those boxes that Kulongoski snatched out of the Goldy archives real quick once they became public.http://freefrankgable.proboards.com/index.cgi?action=display&board=talk&thread=39&page=1Kevin Francke or Phil Stanford either one were willing to discuss any of this. Disassociating yourself from the FFG website is a convenient way to avoid having to answer the tough questions.

  7. Ex-Salem says:

    I was going to look elsewhere for her, but the only one I came across was born in 1933… hmm.That does tell a lot of who Alan James is/was. But I still wonder if it was the man that I had met. hmmm.

  8. Rhonda says:

    So, I haven’t looked into Alan James just yet to refresh my memory. I am looking into a Masonic Traveling Officer by the name of William R.L. Childers – Senior Grand Deacon of the Grand Lodge of New Mexico. That would be The Grand Lodge of New Mexico organized in August 5877…you may want to go there or you may not have time to explore this "other world". But, believe it or not. the possibility is a very real thing in our world. So, call me crazy, and call Michael’s sister crazy, but we have been there in person in our pasts and we know what goes on there…Otherwise, we wouldn’t of known to look there, now would we? BTW, I didn’t have time to look up Moose while I was up there this time, either….but, I will find him online here and track him wherever he may be. That’s been my profession in the past you know, and I am highly trained at locating people, although some cases have proven themselves to be quite a challenge, as is the case here. Take care and be well. I will keep you informed of my discoveries as I progress. Yes, they are watching. No, I do not fear them. Not anymore. They are weak and they know it. The truth will set us free and keep us free. If we do not continue trying we cannot be successful. It’s Dale P’s motto!!! "If you don’t play, you can’t win", right????? However hit and miss I may be, I am still in this game. It’s not the winning that counts, it’s the in play itself. Apparently, whoever Alan James is/was, it’s theatrical….. : )

  9. Rhonda says:

    the play in itself…oops. Link: http://nmmasons.org/ – I don’t know where the editing link is here….or I would correct whatever below.

  10. Rhonda says:

    Julie Smith is a pretty common name. I seem to recall I had an email from her at one time, but it’s been lost due to my neglecting the yahoo account from 2004 for so long….Hmmm, Alan James is born 8/23/1930 in WA state Tri-Cities area. He is son to Dwight E James and somehow probably nephew to Alan James I, 1926 film producer of a movie called "Lightin’ Wins". Alan James I died in 1952, probably aspiring his namesake Alan James III to do the movie. Alan James is a registered Native American from the Colville reservation, folks who had a lot of interest in the upbringing of the casinos and settling up with the over 100 year disputes going on with the PNW unrecognized tribes, etc. during the 80’s and so on. So that is who Alan James the III is. His SS# was 531-24-3431 if you want to run a FBI check or whatever…Bear in mind here that the namesake Alan James I true name is Alan Neitz and I don’t know how the family became involved or how Alan James III came to live on the Colville reservation at some point in his youth. Perhaps through a mother or maybe the Neitz name is an alias and James is the true name. Anyway, Alan James died on Jan 28 2005. He was married, the wife is Lois Stenger, and there is Suzanne James, possible daughter, info not much available or haven’t looked far enough. Bet she can be found in Oregon City, though, which is where they lived at 19548 S Lyons RD and prior to that in Lake Oswego on Fielding RD in the 80’s when the casino revenues started pouring in…..Yes, he put up the $ for the movie and the reward, so why not ask Suzanne? or Lois? Julie Smith could very well be an alias, maybe Suzanne was the mole.

  11. Rhonda says:

    Julie Mansfield Smith, real estate agent. Kimberly, Oregon. Hey! That’s the place to be!!!! There’s a current phone number for her at the only real estate office in Kimberly. I don’t think she was born in 1933 though. I’ll be heading up there later this week or next week – I’ll have to check my schedule with the 4th coming up and the Oregon Country Fair 10-12th – I’ll get there in between… Hope Rob is having a great time taking in the sights. Wonder if he got to see the Bo Diddley exhibit while at the HOF??? One of my very favorites.

  12. Rhonda says:

    Your guess is as good as mine: http://www.cuppercreeklandcompany.com

  13. Rhonda says:

    "If the American people knew what we have done, they would string us up from the lamp posts." —-George H.W. BushSomehow or another, this whole thing has turned out bigger than any of us. It has been and probably always will be a huge fight or war, if you will.I believe the Freemasons murdered Michael Francke. They had their reasons. The only US Presidents who were not Masons were John Kennedy and Abraham Lincoln. If you ever have the time, study it yourself. We live in a shadow government where things are not actually what they appear to be. I have been investigating this crime and just one other throughout my life. Call it coincidental or whatever. The true cause of both unresolved crimes are in the archives of the Freemasonry Lodges throughout the USA. Good Luck. Time for me to move on again due to the circumstances. Thanks!

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