03/04/2021
Fyi
WHIO shared this story last night, about a not guilty verdict secured by our attorneys last week.
While WHIO asked the Montgomery County Prosecutors Office and Montgomery County Sheriff's Office for comment, they did not ask us. This is what Alysia Goss, lead defense counsel on this case, would like to share in response to the coverage:
While the judge didn’t specifically say this was a case about systemic racism, the fact of the matter is the officers were in a parking lot shining their lights into random cars that had nothing to do with the reason they were there in the first place. This over-policing is what leads to certain communities, particularly communities of color, being overcharged.
The media chose to focus on comments from the Prosecutor’s office and the Sheriff’s Department while flashing a mugshot of my client and saying the gun was illegal. On the contrary, the gun in this case was not stolen. It was legally and lawfully owned by a man with a CCW license.
Franklin is a hardworking family man, whose prior conviction was 20 years ago. The fight the police were investigating had already concluded. Franklin was neither involved in that fight nor a suspect in it. The officers, prior to leaving the scene, took it upon themselves to peek into random cars in the parking lot. They saw a gun. Had it been a different town, with different people, with the same innocent explanation, the case may not have persevered for over a year. Instead, Franklin was arrested that night, despite telling officers the gun wasn’t his and offering to direct them to the rightful owner. While Franklin’s pleas were ignored that night, we are thankful Judge Dankof listened to all the facts in this case and made his fair and impartial ruling.
We are hopeful judges and prosecutors will begin to follow this precedent and take systemic racism into account when charging, presiding over, and sentencing cases.
https://www.whio.com/news/local/judge-finds-man-not-guilty-after-deputies-arrested-him-weapons-charges/7T5YALEEONABVCO7YE6XSAA3WI/
Montgomery County Prosecutor Mat Heck, Jr.