Posts Tagged ‘Frank gable’

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?


A hearing has been scheduled for Frank on May 24, 2011 at 9am. This hearing will determine whether or not to assemble a new panel of jurors to decide on resentencing only. The decision to sentence him to life with the possibility of parole or the death penalty. If Frank wins at this hearing it will further delay his case from officially reaching the federal level, probably at least another year. If he loses, his state appellate status is complete, and his case officially moves to federal court.

A win here is a loss in my opinion. The best scenario to be had is obtaining a new sentence of life with the chance of parole. Most likely parole would be denied at his first two board hearings, but on the chance he is granted parole it would be to a federal prison to serve a 6-8 year sentence that runs consecutive to his state murder charges. Personally, after all this time, exoneration would be the only thing I’d want.

Michael Francke would’ve turned 64 today had he not been assassinated in order to silence him before he revealed corruption and wrongdoings within the Oregon Department of Corrections and various branches of state government.

Will we ever learn the truth?

Michael Francke you are especially remembered today.

Microsoft’s Windows Live Spaces has partnered with to host all existing and newly created blogs. The migration of my Live Spaces blog to WordPress has been completed and I must say the result is outstanding. Only drawback is it seems I’ve lost my entire Windows Live Space by migrating the blog. Well worth it though as the new wordpress blog is impressive with all the features it includes, and recently I’ve been unhappy with Live Spaces as they eliminated their site statistic feature. Site statistics on the wordpress blog are quite impressive. Not sure yet, but I think blog visitors will be able to comment without setting up an account which is an improvement over Live Spaces which required an MSN or hotmail account in order to post a comment.

The state’s responding brief to the resentencing argument which has lingered for over five years is due next week on Sept. 2, 2010.
After that, Frank’s attorney will most likely ask permission to file a reply brief.  If that permission is granted, that will consume about another month.  After that, the case is set for oral argument, which takes another two or three months.  Then, the case is taken under advisement by the court.  A quick decision, which would most likely only be one affirming the trial court’s rejection of Frank’s claims is not what Frank’s lawyer is hoping for. He’s trying to win a reversal here.  Decisions reversing the trial court are usually not issued for three to six months after argument.  So, we’re still looking at nearly another year before a possible favorable decision from the Court of Appeals and if it’s a reversal we’re looking at another year or more to assemble a new jury for the resentencing.
All this time spent over the possibility of parole directly to a federal prison for another conviction Frank has which runs consecutive to his state charges. As I’ve said before, this is holding up his appeal from officially reaching the fed level.