Sunday December 8, 2013
Michael Francke Murder Mystery Solved (Part Four)John Atkins for Salem-News.com
Every witness they conjured up against Frank had been coached on what to say.
(SALEM) - In the last installment, we stated that we were going to prove that Frank Gable did not murder Michael Francke. This will absolutely shut up all of you who are still blaming Frank for a murder he did not, and could not, do. And it is so simple to prove.
According to Cappie "Shorty" Harden, Cappie had gone to the Dome building shortly before 7pm to pickup his girlfriend, Jodie Swearingen, on the night Mike was killed. Shorty alleged that he saw Frank Gable get into Mike's car and was looking for something to steal. Sometime later, he saw Michael Francke run to the car, Yelling: "Hey, what are you doing in my car?" Then, according to Cappie Harden, he saw Frank lunge out of the car and stabbing Mike once in the chest area. Nice try Shorty.
On the surface, that sounded like a pretty good story. However, upon closer scrutiny, it couldn't have happened. All of the forensics evidence clearly shows that Mike was killed sometime between 8:45pm and 10:15pm. Two witnesses, Dick Petersen and David Caulley, stated that they were in the Dome building shortly before 9pm and they did not see any glass on the floor near the north portico door. Likewise, they noted that the window on the north portico door had not yet been broken. Nor did they see a bloody palm print by the door. So?
Mike had sustained a fatal stab wound to the left ventricle of his heart. He had mere minutes to live. The very last thing that Mike did before he died was to put his fist through the window on the north portico door. If, as Shorty stated, Mike had been killed by Frank at 7pm, then that window should already have been broken when Caulley and Petersen went to the building at 8:45pm. So we know that Shorty was lying.
Jodie Swearingen refused to lie and admitted that Shorty was lying. Shorty had to lie. Shorty was looking at spending the rest of his life behind bars. He was a drug user and seller, he had multiple counts of statutory rape for banging his underaged girlfriend (Jodie was only 16 at the time), and the cops were going to hang a "snitch" jacket on him if he did not say as they wanted him to...not to mention a murder rap.
The cops took Shorty out of jail and showed him where the crime happened, showed him what the car looked like, showed him what Mike looked like, and wined and dined him. At one point, they even set up a meeting between Shorty and Jodie so Shorty could convince his girlfriend to lie to the Grand Jury so Shorty wouldn't have to go to prison. But that is not the only evidence that exonerates Frank Gable.
An ex-cop named Tooker, and his wife, were driving down Center street (next to the Dome building) when Michael Francke went running in front of them. Mike was being pursued by two thugs who were attempting to capture him. After Tooker and his wife came forward, they started receiving death threats via the telephone. They were told to shut up about what they saw.
Obviously, if two people were being threatened if they did not shut up, they saw something they were not supposed to. That something was Mike Francke. And he was not pursued by Frank Gable. Frank did not stab Mike as alleged by Shorty. Frank was nowhere around. Appellate Judge (sic) Yraguen says that it doesn't matter.
And here is the big clincher, only a State cop could have known about the witnesses and their phone number. You still want to bet that we cannot prove that the police were actively framing Frank? Don't worry, there is more on these felons in a later installment.
At approximately 7:05pm, a government worker, Dianne Long, leaves the Dome building and sees a silver colored sports car parked on the sidewalk right in front of the Dome building. The car was Shorty's and it was empty. So Shorty's lies about sitting in the car and seeing Michael and Frank doesn't hold water. Apparently, Shorty was one of the two thugs seen chasing Michael. Yraguen says that doesn't matter, either.
Here's a real zinger for you to chew on: the first drops of blood were found five feet away from the car that was parked on the sidewalk in front of the Dome building. Mike's car was a hundred feet away. Let's examine this clue.
Shorty said that Mike ran up to his car. Some accounts state that Mike wrestled with Frank. So? Under that scenario, two things were happening. One, Mike's heart was racing from the run up to his car. Two, his adrenaline would have been through the roof and that would have added to his increased heart rate. The increased heart rate and additional stress on his muscles would have resulted in a very high rate of oxygen consumption. No way in hell could Mike have been stabbed at his car and made it all the way to the porch. Mike would have passed out halfway there from a lack of sensorium (oxygen) and there would have been blood everywhere. Sorry Shorty, you can't argue with forensics.
Mike was stabbed in the area of the car that was parked on the sidewalk. He walked five or ten feet before the first drop of blood hits the sidewalk. After that, he went 34 feet to the top of the stairs. Then 28.5 feet to the door he smashed. 10 + 34 + 28.5 equals a total of 72.5 feet. That is all forensics would allow given Mike's fatal wound. Yet the so-called experts lied to the jury and made them believe that Mike was stabbed at his own car, that he walked 95 feet to the first drop of blood (hell no). Then he was alleged to have walked 34 feet to the top of the steps and another 28.5 feet after that (157.5 feet total). I don't give a damn how many liars they put on the witness stand, nobody with that kind of injury walked the length of a football field (and without losing a drop of blood!). More than one and a half football fields! Unh-huh.
Frank Gable is innocent. If not for corrupt cops, crooked Judges, and rapacious prosecutors, Frank would never have been tried. Every witness they conjured up against Frank had been paid in some way. All had been coached on what to say. With the exception of the so-called "expert" witnesses (who, themselves, were lying weasels), all were convicted felons sitting behind bars. A fair trial? What the hell is that?
As I read Judge Yraguen's 2001 decision on one of Frank's many appeals, I wanted to throw up. This guy calls himself a man (let alone a Judge)? Anytime he wanted to make some phony piece of evidence sound credible, he uses the word "consistent" to make it sound plausible. Consistent my ass. Let's look at some more of Yraguen's lies.
No murder weapon was ever found, but the cops get on the witness stand and testify that a Chicago Cutlery knife was consistent with the murder weapon. No it wasn't. The knife was only consistent with knives; millions and millions of knives. Such testimony was prejudicial and inflammatory, immaterial, irrelevant, and incompetent. All lies fabricated by the cops to mislead a jury. Nonetheless, Yraguen excuses the fact that Abel doesn't object and even goes so far as to say that "the knife was consistent with the murder weapon." Incredible.
Hunsaker testifies that he heard an "ugh" sound and saw two men standing toe to toe in the middle of the driveway. Hunsaker testifies that both men are in the 5'11" to 6' range. Yraguen says that this vague "ugh" sound is consistent with a stab wound to the chest. And, in one of the most blatant displays of contempt for justice, Yraguen says that what Hunsaker saw was "consistent with Michael Francke and Frank Gable.
Yraguen is such a lowlife it makes me ill to read his lies. Appellate Judges should be a safety valve for maintaining the integrity of the court. Instead, Yraguen deliberately obfuscates the truth to an incredible level.
Michael Francke was six foot three inches tall. Frank Gable was barely six feet tall. Yet Yraguen claims that Hunsaker saw Mike run back to the building. The shortest of the two men ran back to the building and you claim that was consistent with Michael Francke? If you really believe that, you belong in a looney bin.
Hunsaker claimed that the two men stood toe to toe for about a minute. Neither man seemed hurt. Indeed, if that had been Mike, he would have passed out. He would have been in so much pain that there would not have been any doubt. Consistent with more of your lies, that's what that was.
Where were the objections? Hunsaker's testimony was very inflammatory and prejudicial. No part of his testimony could be attributed to either Mike or Frank. And I remind you, Mike was not killed until after 9pm and most likely at 10:15pm.
Why didn't your pal Robert Abel argue for Best Evidence? Best Evidence would have been a core temperature of Mike's body. That would have gone a long ways to proving Frank did not kill Mike at 7pm (or any other time). The doctrine of Best Evidence states that a party shall not gain an advantage by failing to produce Best Evidence. But the State circumvented that law and lied to convict an innocent man. And Yraguen helps them to continue to do it.
Here's one for you Yraguen: Under the Rules of Professional Conduct, Abel was supposed to put into writing his reasons for not allowing Frank Gable to testify in his own defense. Abel was then required to have Frank sign it. And let's not forget about informed consent. Do you honestly think your drinking buddy told Frank that there is a 99% conviction rate for defendants who do not testify? To this day, your buddy cannot conjure up a good reason for not letting Frank testify. Since you're so damned smart, how about you give us one good reason? Come on, you're willing to break the law to keep an innocent man in prison and protect your pal Abel...how about just one good reason why Frank was not allowed to testify in his own defense. Please. That's what I thought.
In our next installment, we are going to explain why Mike was kidnapped for more than three hours. If you still have any doubts as to Frank's innocence, you won't after you read that report. It is the one thing that they do not want you to know about.
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