OR challenges release decision in prison chief’s murder
The state of Oregon has urged a federal appeals court to overturn a judge’s decision that allowed the release of a man who served nearly 30 years for the murder of Oregon’s chief of prisons , Michael Franke.
The Oregonian/OregonLive reports that the state argues that Frank Gable, now 63, and his attorneys have failed to meet the legal threshold to show that Gable did not commit the fatal stabbing in 1989 .
Assistant Attorney General Benjamin Gutman argued Monday that Gable had produced no new “trustworthy eyewitness testimony” or critical physical evidence to undermine his conviction and that another man’s alleged murder confession was unreliable and unreliable. rightly excluded at trial.
Gable’s attorneys countered that Oregon U.S. Magistrate Judge John V. Acosta made the right decision and that his decision should stand.
In an April 2019 ruling, Acosta found that the state trial judge wrongly barred the man’s confession and that Gable’s attorneys at the time should have asserted his federal rights to a proceeding. regular in light of this error.
Acosta ordered the state to release Gable or try him again in 90 days. The state released Gable in June 2019 and appealed Acosta’s decision.
Gable is under federal supervision and lives with his wife in Kansas while the state appeal progresses.
He was serving a life sentence without the possibility of parole in the murder of Francke, 42, in Salem. Francke was the director of the Oregon Department of Corrections when he was attacked during a confrontation near his state-issued car outside the Dome Building, the agency’s headquarters.
Gable was arrested 15 months later after another man said he saw him stab Francke. The state argued at trial that Francke interrupted Gable as Gable broke into Francke’s car. A jury found Gable guilty of aggravated murder and he was convicted in 1991.