![[Marshall Democrat-News]](http://www.marshallnews.com/images/nameplate-small.png){kind=small}
RSS
Print
Email link
Respond to editor
Read comments (22)The court's finding of Franklin as a "prior and persistent offender," substantially increased the penalty for the crime, and makes him ineligible for parole.
He was convicted by a Lafayette County jury in February.
Stouffer credited the efforts of Missouri Highway Patrol Trooper Bill Oliver, who was the arresting officer, and Corporal Haggerty, also of MSHP, who is an expert in the purchase, sale and distribution of illegal narcotics, particularly with regard to the use of Interstate 70 as a conduit.
Franklin was arrested in 2007 following a short chase after a traffic stop for a minor infraction. During the chase, Franklin tossed a box out of his car. The recovered box, containing a one-pound brick of processed marijuana, was recovered later; Franklin's fingerprint was found in the box.
An 8-month-old child was also found in Franklin's 2006 Jeep Liberty, improperly secured in a car seat.
Stouffer said this case is only the second in his long career in which a usable fingerprint was found.
"Regardless of what we all see on 'CSI-type' shows … recovery of a fingerprint is no easy task, and even with trained officers, a usable fingerprint is a rare commodity," he said.
Stouffer also praised Assistant Prosecutor Joby Raines, who, he said, "handled the technical portions of this case, dealing with the fingerprints and drug identification evidence (which) permitted me to spend my time with the officers."
Stouffer added, "(Raines) did a great job, and the result in this case proves that fact."
Contact Kathy Fairchild at
Last...
That "smokin'" part of my screen name is a character trait...not a way of life.
You win. I concede. To the victor go the spoils. May you spoil in peace.
I fully expected my last post to be deleted. If I were moderating this, I would have deleted it too. No complaint from me.
What about accountability? What about not blaming everyone else for your woes? What about just admitting you screwed up and working from that rather than all the BS excuses for doing what you did?
Did you electively seek help, or did your sobriety come about as a result of your incarceration...at the taxpayer's expense. To dumb it down, would you have gotten sober when you did if you hadn't gotten busted?
For those intelligent enough to see where this is going, I leave this open-ended.....
You wrote about something else recently that you also know nothing about and that's religion. What about forgiveness, compassion, and understanding as the Bible teaches?
In response to Smokin' Cheetah:
It is ridiculous to think that I could have introduced anything to that drug infested town. Your wrong about that as you are about a lengthly sentence for pot. I used to be as bad as it could get as far as drugs were concerned but now I'm in my ninth year of sobriety because I served 27 months. Believe me that seemed like an eternity but it was long enough to get clean and complete drug treatment programs. It was also not so long that I didn't have my wife and children anymore. That's the key. Mr. Franklin does deserve to go to prison because he did break the law, but not so long that he won't have his child anymore. He is only 28 and has alot of maturing to do obviously. I was 30 and had alot of maturing to do. There's a reason it's called the department of corrections - to correct a person not condemn them for a drug crime. I know how this man feels with a child out there. I am raising four children and it tore my heart out each and every day in prison hearing how they were struggling and living in shelters because I was there. A long prison sentence will destroy his family and leave him with no desire to better himself. He's not even going to try to do better because when he gets out he will have nothing or nobody left. Long sentences for drug crimes do far more harm than good and I am living proof of that.
Not too long ago Congress enacted the three strike rule for criminal convictions. I don't exactly when it began or came into the common lexicon but for many years there has been the phrase a "three time loser." During my career in law enforcement this fact, this terminology, warned a police officer in an investigation, pursuit, or arrest of a suspect that he/she had nothing to lose. It prevented numerous injuries or the death of law enforcement officers in the performance of their duties.
Several times suspects died fighting rather than give up because they too knew what the phrase meant, LIFE. During my time of service the offenders referred to it as a "Bitch Rap." A word they abbreviated from the justice term "Habitual Criminal.
As Mr. Stouffer was careful to note, crime scenes in the real world are nothing like crime scenes in real life. Examination of fingerprint evidence, though used in this country for a century or so, it not the science we believe it to be - on the contrary, it is considered by many to be more in the nature of an art.
Though fingerprints may be found at the scene of a crime, they may be unusable for a number of reasons - they're incomplete, smeared or damaged in some way. Even if usable, the fingerprints of the individual who left them may not be on record in a database. Add to that the fact that many people have never been fingerprinted in the first place, finding a match can be difficult or even impossible.
As a former civil service employee, I know my prints are on file. If you have ever been convicted of a crime, or have been in the military, yours are on file, too. Teachers and medical workers are often fingerprinted and those prints are also on file. And obviously, law enforcement workers' prints are on file.
For the rest of the population, it's hit or miss.
Here's an informative web site:
http://www.brooklaw.edu/students/journal...
EiEiO,
I find your screen name offensive and discriminatory. You have blatantly left out "A", which is a vowel as well, and sometimes "Y". Further, you've discriminated against all of the consonants by not including at least one of them in your screen name. Al Sharpton and the Rev. Jesse Jackson will be contacting you in short order:)
Just kidding...can't ever let that ridiculous argument drop!!
You raise a good point about the fingerprints though. But I wonder, is it a lack of training and/or ability, or the lack of resources to appropriately and effectively "lift" a print?
"Stouffer said this case is only the second in his long career in which a usable fingerprint was found"
I'm guessing because the prints were'nt lifted by local authoritys?
Oops.. ::Slap:: Bad Troll!
Kathy,
I should have researched more before I posted about the child endangerment. I based my comment on other situations where a child has been involved in drug cases and they have got the child endangerment charges. A close family member of mine was not at home at the time her home was raided and her child was, She was not only charged with drug charges she was also charged with child endangerment class d felony, however the child's father was home at the time and did not get the charge. I will now do my homework before I post
I wish I could let this rest, but I just can't.
Troy, under a different screen name a few weeks back you professed a belief and following of God and the Bible. The Bible states we are to "obey the laws of man". Marijuana is illegal--by the laws of man.
Then there's that whole "keep your body and your mind clean" thing, preached in all of the four Gospels of the New Testament. Yet, you once stated that "intoxication is a basic human need". Uh...am I missing something here, or is this religion thing new for you?
In reference to your statement about how this officer sleeps at night--I'm hoping quite well, knowing that he has followed, obeyed, and enforced the laws of man...right out of your Bible.
To Troy and every other ex- or future convict who has posted on the Marshall Democrat News website: Here's the truth of your 'real' world...
Generally speaking, of those who have posted, the ONLY people who have had a problem with the way justice has been served in Saline County are prior (or current) offenders. NEWSFLASH:
Drano is legal. I can buy it without a permit at Wal-Mart. But if I get pulled over for some minor infraction (that would be a minor breaking of the law for you toters) such as not using a blinker, or doing 3 miles an hour over the speed limit...then SPEED off when the cop approaches making him chase me, and in the process I chuck a bottle of Drano out the window, then finally stop and I have an infant (aka baby) floating around unbuckled in the car I've just been trying to out-run the cops in...AND they run my name and find my record is as long as yours--I'm going to jail. Legal Drano or no. Because if my "intent" was to go home and unclog baby poo from the bathtub, why did I run and why did I chuck the Drano out the window?
Was that too much? Did you have trouble following all that?
I hope the officer sleeps quite well at night.
How does the person who introduced meth to Saline County--creating a generation of toothless meth-heads and crooks, rotten parents, orphaned kids, welfare collectors, drop-outs, and convicts--sleep at night? Probably really well "in the real world". The thing you can't get a grip on is with this kind of problem, even a loser smoking weed is a threat.
You're embarassed to be from here? Put yourself in our shoes, Troy...we're embarassed you were ever here to begin with.
Arguments about whether marijuana is or is not harmful, is or is not addictive, is or is not "practically legal" in other states, is or is not "the same" as alcohol or tobacco are irrelevant. The fact is that possession for personal use or for distribution is against the law in the state of Missouri, as in most other states, and the punishments for first-time or previously-convicted offenders are clearly laid out. Mr. Franklin ignored the law and will pay the penalty.
And one more thing.......Bringing Wally's son into this is stupid...."Jerry" is old enough to make his own decisions and obviously does. His "father" cannont control his actions. Wally also cannot "unmake" Jerry his son....Find something else to harp on.....Like I said, if you don't like it here, LEAVE!!!!!I'll even buy your bus ticket....
Excuse me for asking, but did the trooper make this dirtbag posess the "weed". Franklin made choices to break the law. In case you all are ignorant...it IS still illegal in Missouri. If you want to smoke dope all the time....go to Colorado or California where you can "blend" in to the purple haze. Officers put their lives on the line every day to take dirtbags like him off the street, so the rest of our children can grow up and prosper in a productive environment free from drugs including pot. I say alcohol, drugs, and crime ruin lives not the police. Just like the old saying "guns don't kill people...people do. You ban wagon "pot smokers" need a reality check....GROW UP!!!!
Weed is practically legal now in most states. It is totally ridiculous that someone can be put away for longer than alot of murderers because of pot. I used to smoke pot all the time and it is far less dangerous that alcohol. What a waste of his life and prison space which could be used for child molesters and real criminals. Anyone who thinks that weed deserves a prison sentence is obvious ignorant. All I can think about now is this man's child who is deprived of a father. I hope that Trooper Bill Oliver is proud of himself for ruining this family. I don't know how he could possibly sleep at night. He should focus on people that commit crimes that HURT people. That's what prisons were designed for. I am embarrassed to be from a community of people such as everyone who made the previous comments. I live in the real world now.
Cheetah - Seriously, my hat's off to you for being clearer than I was in my response to questions about the weight of Franklin's sentence. I enjoyed reading your post!
Thank you, Kathy.
I should say I referenced the things I referenced to dispute the posts left by others...
My more blunt point is this: the repeat offender status is charge enough. Add that he willfully endangered a child (in my opinion), and they can tack on another 22 years as far as I'm concerned!!
First off I would like to say job well done to the mshp and the judge. However he should have got life due to the child being in the car and aslo not being restrained correctly. I am sure his sentance also includes some kind of child endangerment charges and also being a frequent flyer in the court system adds to how much time the offender gets. And in my opinon wally's son should be left out of the comments on this one, "cough, cough"
Apparently the content of the article wasn't comprehended, so I'll reprint it in my post--given that more attention is paid to the responses to the articles than the articles themselves. Follow along...
"The court's finding of Franklin as a 'prior and persistent offender,' substantially increased the penalty for the crime, and makes him ineligible for parole." (He's done it before)
"...following a short chase after a traffic stop for a minor infraction." (Resisting arrest, possibly obstruction of justice. Minor infraction--probably had a burned out tail-light)
"An 8-month-old child was also found in Franklin's 2006 Jeep Liberty,..." (Child abuse and/or neglect)
For those of you following the magic bouncing sing along bubble, this would be the same Jeep with the same infant inside it that this guy chucked a POUND of weed from...while he was being chased by police...with an infant in the car...with a truckload of prior offenses on his record.
Also note, this wasn't a gram or two for his own Willie Nelson recreation/medicinal purpose. This was a POUND, with intent to distribute. That means "sell", which is illegal also.
Great job Mr. Stouffer and Mr. Raines!!
This was not Mr. Franklin's first time at the rodeo - he had prior convictions that allowed the higher sentence.
i thank its crazy that someone gets 22 years for weed whan you have people out there doing bigger drugs that can kill you and they dont get that much time are u get people out there killing people or take kids things like that and they dont get that much time i dont thank weed is that big of deal there are more drugs out there that it dont look like they care about that to gave someone 22 years for weed thats crazy and gave somebody that is doing a drug that can kill you less time thats crazy
if he got that much for weed.......a repeat meth offender should get more right? cough cough wally georges son........