Tuesday, May 9, 2023

Frank Gable: Oregon: Bulletin: Major (Welcome) Development: Exonerated; Unconditionally released; Can never be tried again after serving nearly 30 years of a life sentence for murder of the Oregon Corrections Director:.."After serving nearly 30 years of a life sentence, Gable was ordered released by U.S. Magistrate Judge John C. Acosta, who ruled that the convicted killer’s due process was likely violated when state prosecutors failed to include a confession into evidence during Gable’s trial."


BACKGROUND: From a previous post: (May 4, 2023); (Reporter Maxine Bernstein)..."Reporter Maxine Bernstein: The Oregonian: "A three-judge panel of the 9th U.S. Circuit Court of Appeals in September had affirmed Oregon   U.S. Magistrate Judge John V. Acosta’s decision in April 2019 to release Gable in one of the most publicized and debated murder cases in Oregon’s modern history.  The panel found that no reasonable juror would have convicted Gable in light of another man’s multiple confessions to the killing, which had been excluded from Gable’s trial, and because nearly all the witnesses in the case had recanted since the trial."

https://smithforensic.blogspot.com/2023/05/frank-gable-oregon-us-supreme-court-has.html-

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STORY: "Frank Gable exonerated in murder of Oregon Corrections Director," by Reporter Jim Redfden, published by The Portland Tribune, on May 8, 2023.

GIST: "Frank Gable, who was wrongly convicted of killing Oregon Corrections Director Michael Francke, was completely exonerated on Monday, May 8.


Oregon US District Magistrate Judge John Acosta ordered Gable’s unconditional release and barred the state or any political subdivision from ever trying him again for the 1989 murder. 


Gable was convicted by the Marion County District Attorney in 1991 and sentenced to life in prison without the possibility of parole.


Acosta ruled that Gable was likely innocent and did not receive a fair trial on April 18, 2019.


 He ordered that Gable either be given a new trial within or have the charges dropped against him at that time. 


Acosta extended the deadline while the Oregon Department of Justice appealed the ruling all the way the US Supreme Court, which declined to accept the appeal on April 24.


The May 8 order followed a contentious May 1 status conference where the Oregon Department of Justice challenged Acosta’s authority to impose a 90-day decision deadline on the Marion County DA.


Broken Dome

Just after midnight on the morning of Jan. 18, 1989, a security guard stumbled upon a terrible scene on the steps of the Dome Building in Salem, the headquarters for multiple Oregon state agencies, including the Department of Corrections.


Lying in spatters of his own blood, underneath a bloody handprint on the door to his own office was the body of Michael Francke. The director of the Oregon prison system had been slain.


More than a year later, a former inmate named Frank Gable was arrested and eventually charged, convicted and sentenced for the murder. 


After serving nearly 30 years of a life sentence, Gable was ordered released by U.S. Magistrate Judge John C. Acosta, who ruled that the convicted killer’s due process was likely violated when state prosecutors failed to include a confession into evidence during Gable’s trial.


Listen to the entire KOIN.com Broken Dome series, along with complete Frank Gable coverage


The entire story can be read at:

https://www.koin.com/news/crime/frank-gable-exonerated-in-murder-of-oregon-corrections-director/

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."


Lawyer Radha Natarajan:


Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;


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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/


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