Awaiting The Courts Decision

Posted: May 26, 2011 in Appeals
Tags: , , , , , , ,

So now we wait. A decision in 2-3 weeks will most likely be an order affirming the trial court without an opinion. If 6-8 weeks go by without a decision it could mean the court is taking the case seriously and writing an opinion. I’ve said this before, but this argument has been a complete waste of time. Who would’ve ever guessed six years worth of waste. It doesn’t matter really, the real waste is the argument itself. I can’t be surprised if Frank loses this round because even I’m not convinced his argument has merit. Irregardless, arguing to be resentenced is BS. Frank’s appellate arguments should be all about being exonerated and winning a new trial. This type of argument sends the wrong message to anyone paying attention. Then again, is anyone really paying attention?

If Frank wins this round it will sure give the media something to write about. FRANK GABLE WINS NEW TRIAL! Yeah, I can see it now. That’s pretty much what was written back in 2006 when the court shot down every one of Frank’s arguments except this ex-post facto issue. The media really jumped the gun then, and a headline like that now would be wrong as well. Oh there would be a trial of sorts, but only for a new panel of jurors to decide on resentencing. Not guilt or innocence.

This current decision is difficult to predict. On the one hand you would think the court wouldn’t want to rule in Frank’s favor, thereby allowing Frank’s case to come back into the media spotlight (and believe the appellate courts write their opinions with these things in mind), and on the other hand…if they rule favorably it will inevitably delay Frank’s case from reaching the fed level where he has his best chance of successfully arguing constitutional violations at his trial which could conceivably overturn his conviction. I know, sounds cynical, but can you blame me?

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Comments
  1. ex-Salem says:

    I’m sure I have said this before, but it is scary as hell to think of how easily this could happen. (being wrongfully convicted)

    All it takes is a group of people to lie and you have NO defense.
    Take last night for instance, I was home alone sick. How do I prove that?? If two or more people get together and say they saw you do it, how can you dispute it.

    It could happen to any of us, regardless of your opinion on this case, more people should be outraged for the wrongfully convicted. Tomorrow, you might be the patsy!!

  2. mike s ex wife says:

    it could be any of us convicted of a crime we didnt do ,frank DID not murder anyone and look what has happen to him. WHY can this happen?

  3. Jeanette says:

    Yes, just like if I described the scene from that fateful seven o’clock encounter that Michael Francke faced when he left the Dome building. Then I have to come up with where I truly was that very evening myself. I could say it was a dream, but how do I prove it? Can I say I knew what Kris Keerins was up to that night? Can I say what Johnny Crouse was up to that night? Could I say that each was waiting for the meeting to be over and that clean, polished mahogany table up against the window was cleaned off and the lights went out and it was time for the other boys to go into there fast paced run to surround Michael Francke and catch him off guard? Can I name the players in this sad scene of a life ready to be snuffed out and then all the rats run away, so each one could be ratted on or ratted out, so the scare tactic begins by the police to make it go the way they want because no one will rat on each other until money is offered? What do I know? It was only a dream. The lookout played his part and the runners and perpetrator did their part. And, does any of these players really still care? We know that Michael Keerins doesn’t, because he thought Michael Francke deserved to die because he found out how drugs were getting into the prison. Gee, I wonder who would let that happen? Oh, here’s another dream. Good gosh, it is a good looking wavy haired OSP guard trying to show me his short sleeve patch. I mean who would want to lose their job or go to prison themselves? It is what it is, but this was just a dream. And, as Ron Spier calls it…a stupid fucking dream. Funny he would want to meet with me to talk about it and Jimmy Gunn’s pickup. Even he sent me an e-mail saying it could be Tim Natividad or Michael Keerins that could have taken out Michael Francke. So, how would he know? Greg Johnson Kellcy, anyone? Of course, he says he is a liar, too.

  4. JOAnn Gwynn says:

    12 years ago when this case was in the media I contacted Frank Gables attorney and told him that when I moved to Keizer I heard rumors that Natividad was the shooter, not Gable, this is common knowledge, however do to the level of corruption in the government, and Natividad dead, Frank may never receive a fair trial.

    My other comment is what role did Billy Jack Haynes play in this that he claims to have his life threatened, and had to disapper for a period of time. Billy Jack when wrestling acted like he was the “boy next door”, what information does he know, and did he testify at this new trial?

    My heart goes out to my Gable for the horrible injustice he is enduring.

    • Joann,
      If you read the emails I’ve posted from Billy they will explain what role Billy claims to have had and why he claims to have had his life threatened. If after reading those emails you still have questions I will do my best to answer them for you.

  5. Jeanette says:

    It’s just like Phil Stanford’s old columns come back to life with names and skeletons falling out of the closet…Durant, Longoria, Michael Wright, Capitan, Kellostat…just to name a few that we have learned along the way connected to this case.

  6. ex-Salem says:

    So, it’s been 4 weeks now, seems longer, easy for me to say. Any New news???
    Thanks again Rob for keeping us all up to date!!!

    • Jeanette says:

      Yes, it’s misspelled (Phil Kellotat).

      And, the timetable is Michael Francke’s office that lines up to the dream as it approached 7 p.m. (not the meeting). It is that room with the polished table up against the window and the bookcases behind the desk that lines up with where Michael Francke was, as the players lined up in different places that evening of January 17, 1989, before that room went dark and as the one watching that room inched slowly up the side of the Dome building stopping just short of where Wayne Hunsacker would have seen him. For me, the Tooker’s were the eyewitnesses to the three runners that were seen 6:55 – 7 p.m. running to the front of the Dome building with the leader and his long blond hair (no wonder he needed a pair of $139.00 running shoes that Alan Thompson describes. Even saw the price tag). It’s as if you do a crime and get rewarded for it to testify against Frank Gable.

      As for the pickup from the dream, I say eyewitness Robert Wittmon saw the same pickup with the same homemade side runners that the dream had me watch from the back and then angled me to run my eyes down the left side of that pickup (runners included) as it first headed west away from the face of the Dome building toward 23rd Street after the murder took place. I say Mr. Wittmon saw it double back up Bittern Street N.E. around 7:15 p.m., where he says he encountered it turning off Bittern northbound on to 25th Street. I almost have suspicions where it was headed thanks to Greg Johnson/Kellcy’s statement, since they all ran together in the same group. The flashing plates of the pickup has me looking higher toward Idaho, Aryan Brotherhood, Cindy’s and keeping the pipeline intact then. Not excluding the ones from the Burgess camp and the boys from “C’s” camp, GJ’s, etc.

      Also, it reads that Mr. Wittmon’s headlights of the mail truck shone directly at a man walking slowly down the sidewalk on 24th Street. The man was walking at a normal pace, but had an anxious look on his face. Described the appearance of the face as similar to that which a Mexican illegal alien had when the alien sees a mail truck for the first time. Dressed in a light TAN COAT THAT EXTENDED TO THE MID-THIGH. Hair was long, black and shoulder length, combed straight back and well-groomed. Could not determine if the man wore a suit. He had seen photographs of Frank Gable and the man who he observed did closely resemble Frank Gable, but the man was larger than Frank and the man’s nose was more broad than Frank’s nose.
      Sounds so similar to the man Hunsacker witnessed, only Mr. Wittmon said it was not Frank Gable. And much thanks to, Granny, for helping me receive this eyewitness report to verify there was a pickup like what I witnessed that evening from the dream.

      Also, I did not live in Salem, just like Kevin Francke was far removed himself. If you study this case long enough, you then realize what Michael Francke was up against and the end result was his life being taken by a knife in a whirlwind that touched down that evening in front of the Dome building, changing many lives forever. This storm had been brewing since he had arrived in Oregon, Bob Merchant and others were starting to make him pay attention to what was going on inside DOC, and it was time for a cleansing. But, old corrupt power structures don’t go easy without a fight. Thus, the perfect storm had arrived to take his life. Dale Penn tried to explain this storm away hoping to put many of us at ease. Some of us he did and some of us he didn’t. For me, he didn’t. I don’t think he explained it away for Yvonne H. as she picked up the scent of foul play, just like her dog had, as many others have. Same for Meg Hanson when the whirlwind came through in the form of a pinstriped copier repairman not adding up to another copier repairman in a brown tweed suit and leaving the copier in pieces. A “decoy” had penetrated the Dome building after hours leaving as fast as the whirlwind came, never to be seen since. This storm did not make sense and it never will until the real truth comes out as to why Michael Francke was murdered or “assassinated” as Greg Johnson/Kellcy calls it.

  7. Jeanette says:

    Alan Thompson’s statement had come from the Indictment Witness List that Granny had researched for us and in part reads:

    xxx buc:alan thompson
    CRIMINAL RECORD: 1988 Poss. of M.J.
    Poss. of a weapon

    xxx
    1989 PV- X-felon in poss.

    1990 PV- He is now in Marion County Jail,
    Release date Dec. 90

    xxx
    Buc:alan thompson

    On 8-30-90 this investigator contacted Thompson at the Marion County Jail.

    He stated that he was arrested on May 10th, 1990.

    He was put in “E” block. Also in “E” block on (May 10, 1990) was Michael Keerins.

    At the time of this interview Thompson was in “D” block.

    buc:alan thompson
    Keerins was in the jail when Thompson came there. He spent four months in “E” block with Keerins.

    xxx
    buc:alan thompson
    It is a well known fact around “E” block and the jail in general that Keerins is involved in the Francke case.

    Keerins talks about it often. He walks around the block like he is the king. He talks about how he has contact with the DA. He talks about how he can and does call the DA when he wants. Keerins has made statements that he is going to call the DA and then he goes and makes a call on the phone and when he returns he tells how he talked to the DA. Keerins is very boastful about this association.

    xxx
    buc:alan thompson
    Thompson stated that the DA is also putting money on Keerins books. He knows this because Keerins does seem to always have money to spend, he says that they put money on his books and Thompson knows that Keerins mother doesn’t have the money to give him.

    Thompson also told about Keerins running shoes. It is a big joke in the prison. Keerins has these sneakers that cost $139.00. He boasts about how the DA bought him the running shoes and showed him and another inmate the price tag.

    xxx
    buc:alan thompson
    One day Thompson and another inmate, Ed Tucker, were sitting at a table in the cell area talking about Keerins and his association with the DA.

    They were near Keerins cell. Keerins came out of his cell and told them;
    “If it wasn’t for him being paid, Gable would be walking free.”

    Thompson states that this statement by Keerins was boastful like he was getting money out of it. ….

    I ask myself the question, was justice really served for Frank Gable? Felons used to convict him, and here we see Michael Keerins boasting that Gable would be walking free if it wasn’t for him being paid, and later we learn that Shorty Harden had come up with four different versions of his story that he was going to use to convict Frank Gable to become the “million dollar baby.” Funny where he says he was parked, he should have seen that pickup after the murder took place. His story is about as useless as my dream is. Only his story put Frank Gable away, while Keerins still runs free from any wrongdoing involved with the Francke murder. And, it seems to me that the Keerins brothers (Mike and Kris) used Tim Natividad (dead man’s alibi), along with being with Greg Johnson/Kellcy that evening for their alibi. So, now how do they relate where they were now, since Greg says he was with Tim Natividad while a hit was going down on Michael Francke that evening? Even, RS, once had stated that Granny might be on to something when she once kept asking the question of why would Mike and Kris Keerins and Greg need Tim for their alibi (dead man’s alibi)? And, more than one person has said who that guard was and accordingly, he was one of the drug smuggling guards that Michael Francke was zeroing in on. At least, Dave Larson got Michael Francke’s attention as to what had been going on in DOC.

  8. Jeanette says:

    Yes, I do believe there was a cover up just like so many others believe, also.

    I mean why was the Tooker’s threatened after reporting seeing the three (3) men running toward the front of the Dome building at 7 p.m. that evening of January 17, 1989? Mr. Tooker remarking “there go three men out making trouble” and just two days following the police interview after he telephoned the Oregon State Police on January 18, 1989 to report his observations, he received a menacing call where the caller told him, “Tooker, you better shut your mouth.”

    I wonder who leaked that out to frighten off a witness to the Francke murder?

    Even, Dennis Hauserman (Michael Keerins brother-in-law) had told the investigator that he was presently in “the hole” because he had beaten up Michael Keerins and knew that Frank Gable did not kill Michael Francke. He hinted that there were three guys who killed Michael Francke and he knows them all. “The men who set up the “hit men” are high up within the State government.”

    Robert Gray, also, told the investigator that Michael Keerins told him that he invented the Frank Gable story to get out of the Idaho prison. He also said “An Oregon State Police detective, who has a big mustache, told Michael Keerins that he would be paid for information linking Frank Gable to the murder.”

    I mean what happened to the Oregon State Police “code of ethics?”

    Again to me, Frank Gable didn’t stand a chance with how Michael Keerins and Shorty Harden, along with the other felons just let the ball sail into Frank’s court and with a little help from some of those OSP detectives threatening them with prison time, each of those guys just decided to fabricate their own story. I mean talk about a storm, like the “Bill Storm and Dennis Gause” fabricated story to help Shorty Harden come up with a better story to make the jurors and public believe it and it worked. What prison corruption? Guards, drugs, stealing, etc. Thanks to Dale Penn to explain it all away, we could all sleep again.

    Maybe, I just read this wrong and I can go back to sleep again, myself. But, according to this “Witness Interview Report” taken from Dennis Gause talking about Bill Storm and Shorty Harden coming up with four (4) different versions of his story, it reads in part…

    xxx
    Mr. Gause said Robert Cornett was the first person to bring up Gable’s name in connection with the murder. Mr. Cornett was the first one to direct the police’s attention to this drug group,” that level of drug users and criminals.” The witness said that prior to this, the police only knew a murder had been committed and now they had a group of suspects to look at.

    xxx
    buc: dennis gause
    Mr. Gause said he and Bill Storm then made the decision to fabricate a story in hope of a reduced jail sentence. It was shortly after that the witness ended up in “the hole with Shorty.” This is when the witness told Mr. Harden of his plan with Bill Storm to scam the police.
    The witness said, “When Shorty said that he didn’t know anything about it (the murder) I told him to play it up and get us out (of custody).

    xxx
    buc: dennis gause
    Mr. Harden then planned a “story” of his own to tell the police. Mr. Harden’s original story to the police was to help get his time reduced, according to the witness, or charges dropped. Mr. Harden’s story then progressed to the point that he would get some money. The witness said he later learned that Mr. Harden was calling himself, “The million dollar baby.”

    xxx
    buc: dennis gause
    Regarding Ms. Swearingen the witness stated, “She is not honest and rips everyone off.” Mr. Gause said everyone he knows would say she is a liar and has a reputation “as a liar, tramp and a thief.” He added, “she is known as scroddy Jodie.” He said that when she was called this to her face she simply laughed.

    xxx
    buc: dennis gause
    Mr. Gause suggested that we look at the two administrators directly below Mr. Francke in the Corrections Department. He felt it was suspect that they left when they did. He said guards were responsible for bringing drugs into the instituitions and some had been fired for it. He strongly felt that Mr. Francke’s murder was connected to drug corruption in the Corrections Department.

    The witness was then questioned about why he thought Mr. Gable’s name was brought up. He said that Mr. Gable was a snitch. Mr. Gause stated Mr. Gable had no friends in ths drug system because he was a snitch and because he was a nobody and had no connections with administration. In addition, Mr. Gause believed that because Mr. Gable “was a punk, someones wife.” He was an easy target.

    xxx
    Witness Interview Report (#3)

    xxx
    buc: dennis gause
    Regarding the Gable case the witness stated, “everyone wanted out for either money or to get their crime reduced or freedom, money or freedom.”

    xxx
    buc: dennis gause
    Mr. Gause said he was in the hole while at Marion County Jail and Mr. Harden was also there. Mr. Gause said, “I sat with Shorty and we talked, everyone was talking and scammed and we’re all looking at O.R. I was already and sentenced, but hoped I could get out.” Shorty planned to say, “he was involved and he said he got a telephone call from Jodie to pick her up and to get them – Frank and her, and Frank admitted to killing Francke.”

    xxx
    buc: dennis gause
    The witness said this was a scam and something that Mr. Harden told him he was going to tell the police. Mr. Gause said Mr. Harden told the police this story.

    xxx
    buc: dennis gause
    The witness reported talking to the police about Mr. Harden’s story and they confirmed Mr. Harden’s statements. Mr. Gause stated that each time Mr. Harden was interviewed he was called in right afterwards and this is how he found out what Mr. Harden had told the police.

    xxx
    buc: dennis gause
    However, the witness said Mr. Harden told several different stories. Mr. Gause said Mr. Harden originally told him that he didn’t know anything about the murder and was not involved in it. The SECOND story was that Mr. Harden had pick Mr. Gable up and had dropped him off at the murder scene. His THIRD story was he had picked up Ms. Swearingen at the murder scene and had left Mr. Gable there. The FOURTH story was he had seen Mr. Gable inside the car at the murder scene when the dome light came on in the car. The witness added that this story was implausible because Mr. harden had only seen Mr. Gable once and the witness questioned how was he to have recognized him at night with only a dome light on.

    xxx
    buc: dennis gause
    Mr. Gause said he took a polygraph regarding the Francke murder. The witness said he thought he was going to be tested on his statements about his and Bill Storm’s “story.” The witness said he was surprised when he was questioned about his involvement in the murder and his knowledge of other’s involvement instead of being tested only on their story. It was his impression that the police thought he might be involved in the killing.

    ——–

    And, I came to the same conclusion you did, Rob, on your e-mail from Ron, dated Thursday, October 5, 2006 12:28 PM, where he thinks Bill Storm is as solid as they come and Dennis Gause is also a solid dude. As far as I am concerned, these two guys scammed along with Shorty to put Frank Gable away, along with Michael Keerins and the rest of the felons. I guess that is as solid as you can get.

    Also, I see in his next paragraph with that same e-mail that he says…”Curtis Coffin used to be an OSP guard that finally got overwhelmed by his addiction to meth & coke. He’s a really big guy & looks a lot like “Silvester Stalone” in the face. Curtis & I were in the same drug treatment group for about two years so we were pretty close. I remember when he did his “First Step” he talked a lot about how he got there but I don’t remember anything ever being said about OSP or corruption. Former inmates were always telling me about him & that if you needed anything brought into OSP…he used to be the guy that could get it in for you. Curtis never shared any of that with me. Some or most of this stuff could be rumors or made up…or maybe its all true? ? ?

    Well, according to the e-mail he sent me, it must be all true! ! !

    Wed, 2 May 2007

    Hey! Curtis Jon Coffin has been re-admitted to Marion County Jail for yet another drug charge. This is the guy I was trying to tell you about that was a drug smuggling guard at “OSP” Oregon State Pen during the Francke days. Michael Francke had already zero’ed in on this guy along with a few others and Mr. Coffin knew it. He told me this face to face one day while we were taking a break during our drug classes back in the spring of about 1995 or 1996. Take care for now!
    Lodged: 04/20/2007
    ——-

    No wonder the police couldn’t get Shorty and Jodie’s story straight or any of the others. It must go with which person they want to spin there story to that sounds believable. I guess that is why Ron calls Greg Johnson/Kellcy a liar, too.

    ——–

    Over and over I see witness statements and police making this case go the way they want or again I am seeing this wrong.

    I’ll end here with Frank Bush…

    xxx
    TNL: Frank Bush
    Contacted Bush for information about Mark Gesner. Bush is now retired, but was employed at the Clark County jail in Vancouver, WA. in the recent past. He observed Gesner while he was incarcerated in the jail. Gesner was visited quite frequently by the Oregon State Police, who questioned him about his knowledge of Gable. Gesner related to Bush that the police wanted him to say that Francke was killed as a result of finding a car burglar in the car. Gesner did not want to go along with that story.

    xxx
    TNL: Frank Bush
    The last time Gesner was in the Clark County jail he told Frank Bush that he was going to testify as the State wanted him since he had made a deal with the police. He related to Frank Bush, “it’s a matter of 15 years or a few months. Everybody has to take care of themselves.”

    ———

    The State using felons who scammed to get there sentences reduced to fool the public is no justice at all. This is so wrong.

  9. Jeanette says:

    Definitely an eye-opener, Ray Tercek’s recently published book out “the Investigation of Pepe Chavez et al.” Connects the dots between Michael Wright, Pepe Chavez et al in the NW drug smuggling operation then. Back when, Kevin Francke, mentioned in one of his early posts…”Rico anyone?”

    Thanks, Phil, for letting us know the book was out.

    It seems Michael Wright still keeps giving Portland a run for their money with his valuable little piece of property in the heart of Portland with Occupy Portland now. Jim Redden did a good write up on him recently with a front page picture even.

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