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Ruling could free man from prison; Another false prosecution; Frankie Washington case - Durham
Topic Started: Sep 2 2008, 11:00 AM (2,539 Views)
LTC8K6
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Assistant to The Devil Himself
http://www.newsobserver.com/news/durham/story/1203208.html

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In a scorching ruling today, the state Court of Appeals threw out the conviction of a man serving more than 60 years in prison on burglary, robbery and sexual assault charges, saying the Durham District Attorney's Office unfairly delayed his trial for nearly five years.
The ruling could lead to freedom for Frankie Delano Washington, 47, an auto mechanic who was convicted of multiple charges last year in a 2002 invasion of a family's home in Trinity Park in Durham. Because the opinion was unanimous, the state has no automatic right to take the appeal further.

The delay cost Washington his right to a speedy trial, Judge Douglas McCullough wrote for a three-judge panel. The delay "could have been avoided if the state had exercised even the slightest care during the course of this prosecution," McCullough wrote.

McCullough also suggested that Washington may be innocent.

The victims originally described their assailant as younger and taller than Washington. And they identified Washington as the burglar from a distance of about 20 feet in the dark, as police held him in custody outside a police car.

Judge Doug McCullough, who wrote today's opinion, pointed out that another man was arrested in a series of similar home invasions in and near Trinity Park after Washington's arrest. But Durham police never sought a comparison of the man's fingerprints with unidentified prints taken from evidence in Washington's case.

Prosecutors blamed the delay in Washington's trial in part to the length of time required for the SBI to analyze evidence in the case. But police and prosecutors took three years to submit the evidence to the SBI, with part of the delay coming even after a judge ordered lab tests of the evidence.

As it turned out, fingerprints and DNA evidence in the case did not match Washington.
...
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teddy bear

Just awful...Do we know the name of the DAs involved, any one involved in the hoax?
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abb
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http://www.newsobserver.com/news/durham/story/1203208.html


Published: Sep 02, 2008 10:44 AM
Modified: Sep 02, 2008 10:55 AM
Frankie Washington
N.C. Department of Correction
Ruling could free man from prison
From Staff Reports Comment on this story
In a scorching ruling today, the state Court of Appeals threw out the conviction of a man serving more than 60 years in prison on burglary, robbery and sexual assault charges, saying the Durham District Attorney's Office unfairly delayed his trial for nearly five years.

The ruling could lead to freedom for Frankie Delano Washington, 47, an auto mechanic who was convicted of multiple charges last year in a 2002 invasion of a family's home in Trinity Park in Durham. Because the opinion was unanimous, the state has no automatic right to take the appeal further.

The delay cost Washington his right to a speedy trial, Judge Douglas McCullough wrote for a three-judge panel. The delay "could have been avoided if the state had exercised even the slightest care during the course of this prosecution," McCullough wrote.

McCullough also suggested that Washington may be innocent.

The victims originally described their assailant as younger and taller than Washington. And they identified Washington as the burglar from a distance of about 20 feet in the dark, as police held him in custody outside a police car.

Judge Doug McCullough, who wrote today's opinion, pointed out that another man was arrested in a series of similar home invasions in and near Trinity Park after Washington's arrest. But Durham police never sought a comparison of the man's fingerprints with unidentified prints taken from evidence in Washington's case.

Prosecutors blamed the delay in Washington's trial in part to the length of time required for the SBI to analyze evidence in the case. But police and prosecutors took three years to submit the evidence to the SBI, with part of the delay coming even after a judge ordered lab tests of the evidence.

As it turned out, fingerprints and DNA evidence in the case did not match Washington.

Washington lost his right to a fair trial because of the delay, McCullough found. The delay impaired his ability to challenge the identification, caused the loss of circumstantial evidence and made it more likely that witnesses could have been mistaken when they identified him in court five years after the crime, McCullough wrote.
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abb
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Here's the opinion.

http://www.aoc.state.nc.us/www/public/coa/opinions/2008/071517-1.htm
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wingedwheel
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Good grief, 5 years just to get to trial.
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maggief

Suspect flees as jury gets case - Man accused of robbery, sexual assault
Herald-Sun, The (Durham, NC) - February 23, 2007
Author: John Stevenson

Frankie Delano Washington absconded from Durham County Superior Court Thursday, not long after jurors began deliberating on whether he barged into a North Gregson Street home with a shotgun five years ago, robbed or attempted to rob some of the residents and committed a sexual assault against a mother.

Washington had been in court but did not return when jurors returned from a break Thursday.

Judge Henry Hight promptly issued an order for Washington 's arrest and set bond at $100,000.

Washington was not in custody at the time he disappeared, having posted bail earlier.

Deliberations will continue today. Under the law, Washington can be convicted without being physically present.

At the time of the crimes in May 2002, police contended that Washington followed a girl home from a graduation party to the house on North Gregson Street, then burglarized the residence. It was the girl's mother who allegedly was sexually assaulted by Washington .

The suspect allegedly punched a man in the mouth before running from the house with a woman's purse and cash, police said shortly after the incident.

Public Defender Lawrence Campbell suggested in a closing argument Thursday that Washington was not the culprit.

He said one of the crime victims had described the intruder as being slightly taller than him ‰? ‰? -- the victim. But when Campbell stood Washington and the victim back to back during the trial, it was apparent that Washington was not taller, Campbell reminded jurors.

Campbell also said Washington had volunteered to take a DNA test in the case, something only an innocent man would do.

As it turned out, no DNA matches were made to Washington or anyone else.

Still, prosecutor Tracey Cline argued Thursday that she had proven her case beyond a reasonable doubt, and that jurors should convict Washington on all charges.
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maggief

Convict captured, sentenced to prison - Man found guilty in his absence after he vanished from court
Herald-Sun, The (Durham, NC) - February 27, 2007
Author: John Stevenson

After repeatedly shouting claims of innocence and breaking down into uncontrolled sobs, Frankie Washington was sentenced Monday to between 57 and 72 years in prison for burglarizing a North Gregson Street house five years ago, restraining and robbing the residents and attempting to commit a first-degree sex offense against a woman who lived there.

Washington was found guilty in his absence last week after he disappeared from Durham County Superior Court as jurors deliberated his fate.

He wasn't in custody at the time and simply failed to return from a break in the proceedings. However, he was caught over the weekend, reportedly in Carrboro.

Once a jury begins deliberating, the law allows defendants to be convicted even if they aren't physically present.

Evidence indicated that Washington followed a 16-year-old girl from a graduation party to her North Gregson Street residence, then barged inside with a sawed-off shotgun, groped the teenager's mother, stole a purse and punched a man at the house in the mouth as he fled.

"This had a large effect on our family," the assaulted man told Judge Henry Hight Monday. "One of us has become disabled over the long term. I'm hoping the sentencing will be something that is curative for us. The best thing would be to keep him [ Washington ] away as long as the law allows him to be locked up."

Prosecutor Tracey Cline asked that Washington receive the lengthy term that Hight, in fact, imposed.

On the other hand, Public Defender Lawrence Campbell requested unsuccessfully that his client's six separate prison terms be structured to run concurrently rather than back to back.

"I'm an innocent man," shouted Washington . "I'm sorry for what happened, but I didn't do it. If I have to take my punishment, I'll take it."

Washington said he absconded from court last week "because I'm scared for my life.

"My life is over, man," he added, addressing the judge. "I'm 46. I'm innocent, man. I'm innocent. That's all I have to say. "

He said it yet again after collapsing into his chair in sobs, then regaining his feet.

"I can't keep my composure, man," he told Hight. "I'm innocent, man. I'm innocent, man."

Washington indicated he intends to appeal his conviction and sentence.
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abb
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A public defender. No doubt part of the "Durm Justice System." This is precisely the type situation Reade Seligman spoke about with those who can't afford expensive legal talent.
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wingedwheel
Sep 2 2008, 11:25 AM
Good grief, 5 years just to get to trial.
.
And Tracey Cline was elected to carry on the tradition in that DA's office!

There are more cases out there that may or may not come to light.
I know this isn't justice.

.
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abb
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Tony, can we combine this and the other thread about this case? I think it should be on the Lax thread page. It relates directly, imo.

abb
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LTC8K6
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Hey! I posted it first! :laughin:

Actually I posted it on the LAX page first though, but couldn't decide if it really belonged there...
Edited by LTC8K6, Sep 2 2008, 12:49 PM.
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wingedwheel
Sep 2 2008, 11:25 AM
Good grief, 5 years just to get to trial.
Nothing to worry about, it will be reversed on appeal!
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Bill Anderson
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Way to go, Durham! But with Tracey Cline, you get more of the same. Lies, lies, lies.

:bill:
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Lodge Pro 345
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Let's keep this one on the radar screen.

Outrageous.

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Baldo
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In California cases must to trial within sixty days unless waived by the defendant. Some states say six months, but NC doesn't even say.



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