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Jul-08-2013 03:08printcomments

Michael Francke Murder Mystery Solved (Part Four)

Every witness they conjured up against Frank had been coached on what to say.

From L-R-Brandi Harden(Shorty’s daughter), Cappie
Left to right: Brandi Harden (Shorty’s daughter), Cappie "Shorty" Harden, Elizabeth Godlove-Francke. Courtesy: http://freefrankgable.wordpress.com/

(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.

Michael Francke

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 Swearengen photo courtesy:
freefrankgable.wordpress.com

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.

Oregon Dome Building Photo: Wikimedia Commons

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

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.

Previous installments

Jul-01-2013: Michael Francke Murder Mystery Solved (Part Three) - John Atkins for Salem-News.com

Jun-24-2013: Michael Francke Murder Mystery Solved (Part Two) - John Atkins for Salem-News.com

Jun-17-2013: Michael Francke Murder Mystery Solved (Part One) - John Atkins for Salem-News.com

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Chris Petersen August 1, 2013 12:13 pm (Pacific time)

And then what is the deal with the keys to the side door that came up missing? Is the story that Frank Gable took that key and went up in the dome building after the murder to just linger around in there unoticed all night in a pin stripe suit? I guess Caulley and Peterson couldn't find their own ass from a hole in the wall, proven by the fact that they didn't notice the guy they were there looking for dead 10 feet in front of them from the office they were in at 9:30. Because it says in the timeline that "coincidently", Hill busted em hanging out in an office that looks out to that North Portico porch. And looking at the building, I'm not seeing which office that would've been, besides one downstairs sharing windows with a full view of that North Portico. "Oh we're worried about Michael and we're here looking for him." Creepy.


Chris Petersen August 1, 2013 12:05 pm (Pacific time)

Forget that question about Caulley and Peterson, I figured it out looking at the timeline. So let me guess, the cops never fingerprinted the light bulb on that North Portico? What was their story for how that one happened to be out that night? I'm not seeing what the jurors ever saw in this case when I look at the timeline. None of the witness testimonies are consistent with the state's story at all. How did they explain in court why none of their eyewitness stories match up at all? You got Shorty seeing Gable stab Mike by his car when he tried to stop a car break in. But you also have Hunsacker witnessing the murder up in front of building. Then on top of all that, you have the couple seeing Mike being chased across Center St. by two guys, which doesn't fit into either one of those stories. Isn't there some rule in court where if none of the eyewitness stories match up to you being the killer, that it doesn't count? I mean, Jesus Christ, what the hell is going on here?! Are we that stupid people?


Chris Petersen August 1, 2013 11:48 am (Pacific time)

I am absolutely boggled about how "Mr. Consistency", Judge Yraguen is having two eyewitnesses to the murder saying totally inconsistent stories. The whole jury must've been suffering from severe ADD during this trial. One eyewitness saw him wrestling Frank Gable in his car and getting stabbed there on the back side of the building. Then the other eyewitness to the murder, Mr. Hunsacker, sees Mike getting stabbed in the front up by the main stairs, and walk up to that North Portico. Didn't anyone ever wonder why there were two completely different stories? I guess nobody cared that their case makes no sense at all. The funny thing is that they went with the way less believable version, that happened to be the guy who supposedly positively ID'd Gable as the killer. So what Hunsacker saw was just chopped liver I guess. Even tho they told Kevin they thought that was his brother getting killed. Once Shorty came out with his BS tho, they wanna just forget what Hunsacker saw. Plus all the highly suspicious people seen running around in the dark at the scene that night, that's nothing too. Just a bunch of coincidences I guess.


Chris Petersen July 31, 2013 8:35 pm (Pacific time)

What was the the reason Caulley and Petersen gave for going there so late? Was that normal to be going to work at 8:45pm? Was that dome building open 24hrs back then or something?


another July 16, 2013 7:12 pm (Pacific time)

http://news.google.com/newspapers?id=KfNVAAAAIBAJandsjid=y-EDAAAAIBAJandpg=4181%2C3912293

It is not working, please feel free to send replacement link, thanks.


Anonymous July 16, 2013 4:11 pm (Pacific time)

How can I get hooked into this news feed?

Maybe set up an RSS for 'Oregon' - each Monday morning I am publishing the newest article by John Atkins, just be here at Salem-News.com, thanks.


Anonymous July 13, 2013 10:27 am (Pacific time)

Coleman is your atypical prison guard in Oregon because he refused to ignore illegal matters he was confronted with, it is all very simple, it is about right and wrong.  Mr. Coleman is an honest man in a pack of silence and complicity.


John Atkins July 13, 2013 6:21 am (Pacific time)

Thanks Rob. Great commentary and salient points. As I recall, the life without parole law specifically states that the Governor cannot pardon and the sentence cannot be reduced to life. Or am I wrong?
You make valid points, Rob. Unfortunately, those take time. Years, to be exact. I, for one, am tired of waiting. I trust the court of popular opinion far more than I trust any other court in this entire Country. If enough people get pissed, they will do something.
I have already proved that Frank did not do it. This next week, I will blow the lid off of their whole scheme. In week ten, I reveal who the real killer was. In the meantime, I expose their corruption. Nobody can read all of that and not get pissed.
If the pricks want to test me, they will do so by continuing to ignore me. But I'm not going to ignore them.
If, by week ten, they still haven't acted, we'll raise the bar. There are an awful lot of cops out there who have purposely murdered unarmed citizens (especially the Portland police) so they can join elite Red Squads. Doesn't matter if you are in jail, in prison, or on the street. They kill people anywhere.
We can inject new evidence in Frank's case that will expose the whole sordid business. I don't think any of them want us to go there. I'm just tired of their bullshit. Time for people to stand up to these bullies.
If you truely want to write to somebody with a petition, petition the Congressional committee on organized crime. If even one of them is halfway honest, they'll look at the mob around here. Boy am I a dreamer!
Free Frank Gable.


Rob Taylor July 12, 2013 3:19 pm (Pacific time)

http://www.standard.net/stories/2013/07/12/utah-supreme-court-upholds-debra-browns-innocence-ruling

The link is to the article...Utah Supreme Court upholds Debra Brown's innocence ruling

Interesting case with, as usual, many similarities to Frank's case. It also highlights points I've tried to make in my comments on previous installments of this series. Too bad all these comments can't be compiled into one thread for the duration of the series. A good comment was posted a couple of days ago on the first installment pertaining to the "third party guilt defense."

Anyway, what's interesting about this Utah case is how they had to pass a law allowing convictions to be overturned based on factual evidence or testimony rather than just DNA proof. And of course the prosecution argued at every turn.

So you see John, you can come up with all the evidence you want but it's going to be ignored because it doesn't have to be addressed unless Oregon passed a similar law to the one in Utah. Anyone know of such a law in Oregon?

Another interesting piece from the Utah article...Brown’s release turned on what prosecutors called the dubious testimony of a single, post-trial witness who claimed to have seen the victim alive in a restaurant many hours after the state said he was shot in the head. That testimony refuted the state’s theory that Lael Brown was shot early in the morning of Nov. 6, 1993. Brown had multiple alibis for much of that day.

Makes you wonder what would happen if a witness came forward claiming to see Michael Francke just before midnight on the 17th. As John has stated, he believes Francke was possibly kidnapped and killed later then the time Shorty claimed to have seen him killed. I agree with this scenario. BTW John, I don't believe the coroner was ever able to determine the time of death. I could be wrong, but we do know Francke's body wasn't found until around 12:30am after thorough searches of the grounds were conducted earlier.

Anyway, bottom line on the point I'm trying to make here is...we have a judicial process that we're stuck with. It's probably the best out there but it still has it's faults. It's up to us to correct those faults. For everyone's benefit including future wrongful convictions. It is ridiculous in this day and age for any court to deny factual evidence that becomes available after someone has been convicted.

Also, I like protest. Liz Francke and her two children accompanied me once as I drove my RV through downtown Salem, around the Capital Building, and ending up at the Dome Building. We were received quite well by people on the street. We passed out flyers about the case that I made and I yelled Free Frank Gable through a bullhorn, among a few other things. Frankly, I'd be much more visible in this capacity if I lived in Salem. Patrick Francke's business supplies printing shops with their equipment and was able to provide me with business cards to pass out referring interested parties to my website to familiarize them with the case.

My point is to get people involved, working together on a common goal. Even if that common goal is to submit a petition to Governor Kitzhaber asking for a pardon. I'm a chain of command type of guy.

Nice to hear from you Jodie. Looking forward to hearing more from you.


Alvin Morse July 11, 2013 6:07 pm (Pacific time)

Frank Gable was falsely convicted and he deserves to be FREE!!!


John Atkins July 11, 2013 6:47 am (Pacific time)

I wouldn't mind a little protest...say ten thousand people. The major news people would have to do a story on that; wouldn't they? Flood the area around the State Capital with Free Frank Gable signs. Make Rob Taylor give a speech. :) Don't know about Greg West and the kiddie porn thing. Do know about his connections to organized crime. Federal Judge now. Still screwing defendants for the mob. BTW, if this week's installment pissed you off, wait until you see what's coming! You definitely want to read weeks five through ten!


justice July 10, 2013 11:42 am (Pacific time)

Jodie thank you so much for speaking the truth. we have your back..john. I think a protest stuebenville style would help and work. I also know somebody framed by judge west one court room over. Where us judge west now.. was scitt mcallister or any government officials ever seen trying to buy kids? Jodie ir john or rib taylor do u know? I also heard of judge west having hit tub parties with kids. Any co.firmations on that ?

I think there is potential value in protest, Mr. William Coleman, also a serious victim of the DOC, staged one at the Statesman Journal for being racist, and one at the State Hospital over  their corrupt business practices, just my two cents, but people do pay attention to an organized protest, it should remain an option, respectfully, thanks!

Here are links to the aforementioned articles:

Demonstrators Call Oregon State Hospital's Employment Practices Racist, Unacceptable

 Demonstrators Protest Local Newspaper Over Racism


Appalled July 10, 2013 11:26 am (Pacific time)

What the hell is wrong with people, playing with someones life, the ones who did this injustice are the ones who should be in prison, for the rest of their life. They will burn in hell, and that is not enough punishment. Until the people, all of them make this right, however it takes them, they one day will lose everything they have or someone they love dearly, only then will they maybe possibly see, why it's happened to them. It is appalling the actions of everyone who participated in sending a man to prison for life. He may not of gotten the death penalty people, but what you all did to him, is a death sentence, just a slower and more agonizing death. This and all the cases you see like this, is the most appalling act you could lay upon someone! Talk about cruel and unusual punishment, to be condemned for something you did not do! what the F___! Your Souls are condemned, and one day you will feel the wrath. Just Appalled.


Matt Johnson - Malibu July 9, 2013 12:42 pm (Pacific time)

I can hear that clock from hundreds of miles away, the wheels of justice are turning, the end of Gable's incarceration on a false murder charge is coming, I can feel it.


John Atkins July 9, 2013 12:12 pm (Pacific time)

I was asked what you guys can do to help. Some of you even want to know when the protest is. Well, protests do not work well. The bad guys will make you look like outlaws and villainous swine. Best tactic is to email both the articles and headers to virtually everybody you know and ask them to pass it along to ten or more friends, family and associates. In time, this will reach scores of millions of people all over the world. That is the only surefire way to protest these thugs. The clock is ticking. Tick-tock.
For those of you who have no idea what the header is, it is that address bar where you read http://whatever. For instance, for this week's article: http://www.salem-news.com/articles/july082013/francke-murder-4-ja.php#comments Just copy and paste it. Simple.


terry wagar July 9, 2013 10:13 am (Pacific time)

I am still in posession of my wife's signed confessions that she used antifreeze and pills as poison and that she was poisoning a plasma donort and no one is helpi9ng me and no one will take my complaint and all calls for help I make are covered up by police and county sheriff's. Victims have no where to turn to, I cry "HELP HELP HELP!" and no one cares. Calling 911 does not get me help it get's my wife's lover and his buddy's to my door.


Jodie July 9, 2013 9:47 am (Pacific time)

Further more I wasn't his girlfriend, I wish I had time to read everything. Slowly there is so much truth to a lot you have to say on this the most truth I've seen I have a house full of boys I only had chance to read this part ill be back each evening to read more and of course ill have something to say


Jodie July 9, 2013 12:41 am (Pacific time)

I have a shit ton I can say truth is all of them every single one of these cops involved you have no idea what it was like how many polygraph test they had me take till they could get just the perfect one they thought they could use putting my in a room with shorty right before grand jury so he could give one last try to get me to continue the lie its disgusting that this case has not been resolved all the corrupted sick ppl should be put in prison themselves I was led to believe I was doing a solid thing that I'd be a cool cat for doing it and looked at like a hero in the drug world I was miss led and fell for it for a short while until I realized it wasn't the drug world that was weaving the story it was the cops frank gable didn't do it why is he still in? The system is still dirty I could tell you shit that would make your head spin there are ppl that can tell you how the police did me while in hillcrest the staff that worked there because who's to believe me right I'm just a ex druggie ! I'm a mother now and have an amazing life with my boys a good man I have nothing to gain for telling the truth they threaten me with a life sentence if I continue to stand strong and I stood alone and strong because it was the right thing to do I figured that out by myself and I was a kid all the others got paid in some form I'm so disgusted

Jodie this is Tim King of Salem-News.com, we wrote a little on MySpace a few years ago, please friend me on FB at Tim Andrew King (https://www.facebook.com/timandrew.kingThanks


justice July 8, 2013 4:27 pm (Pacific time)

When is the protest.


Incredible July 8, 2013 10:57 am (Pacific time)

His defense lawyer is this guy still practicing? He should be disbarred, thrown in prison just like so many others. This case should be filed under an, ' ACTUAL INNOCENCE CLAIM' my opinion only here! I mean i can see why he was convicted, when he should not have been arrested in the first place for it. But with all the corruption i can see why. But with all the blatant evidence, he should be totally exonerated, and compensated! I know no amount of money can give back what has so wrongfully and cruelly been taken from this man, but it also can make a statement to the state of Oregon. you need to clean house and get some honest people in there, HA that's a joke right? How about half honest people in there. This is such a miscarriage of justice, it does make you physically ill. But even with what the juror's had presented to them, they should have taken alot more into account, and not convicted this man. Juror's tend to believe everything the police present, and it is scary to think your life is in the hands of these people. But who knows how many of the jury were on the take as well. Happens! Keep up the fight, John! You have brought out many fine arguments in your articles , and i as many others, are hoping this will get an innocent man's life back. Just so physically ill and disgusted, Lowlife's is the correct term for these monsters!!!

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