Posts Tagged ‘wrongful conviction’

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.

I guess Phil needs to make a living like everyone else, but why write a book on the Peyton/Allan murders? A case that’s fifty years old, the alleged wrongfully convicted have since been released, and the guy Phil thinks did it is locked up for most likely the rest of his life in another state. This coming from a man who bills himself on his website as being best known for his work on the Francke case. Why not write about the Francke murder and the wrongful conviction of Frank Gable? I would think there would be much more interest in that case, and it could help to free an innocent man who has been locked up for over twenty years.

I for one, have no interest whatsoever in the Peyton/Allan murders, and according to Phil, neither does local law enforcement as far as taking another look at the case. So what’s accomplished other than making a few bucks? There was a time when I felt Phil was about much more than that.

I will however be interested in reading Phil’s next book, “Rose City Vice.” Having an Uncle who was a Captain on the Portland Police force during the 70’s should help to make it interesting. Click the link to check out video of Phil promoting his book.

Phil Stanford opens The Peyton-Allan Files | | Portland News, Local News, Breaking News, Weather | Live @ 7

CONVICTION is the inspirational true story of a sister’s unwavering devotion to her brother. When Betty Anne Waters’ (two-time Academy® Award winner Hilary Swank) older brother Kenny (Sam Rockwell) is arrested for murder and sentenced to life in 1983, Betty Anne, a Massachusetts wife and mother of two, dedicates her life to overturning the murder conviction. In theaters this October!