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 Post subject: Trial postponed
PostPosted: Wed Jan 23, 2013 8:04 am 
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The trial over the death of a Tabor player has been postponed as a key witness has come up missing.
http://www.kake.com/home/headlines/Hear ... 72061.html

actually I should saying hearing.

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 Post subject: Re: Trial postponed
PostPosted: Wed Jan 23, 2013 2:14 pm 
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more here...

http://www.kansas.com/2013/01/22/2645826/hearing-in-football-players-death.html

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 Post subject: Re: Trial postponed
PostPosted: Wed Jan 23, 2013 5:28 pm 
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Ethanol poisoning was a secondary cause of death? How the heck did he get Ethanol in his system?


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 Post subject: Re: Trial postponed
PostPosted: Wed Jan 23, 2013 8:47 pm 
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:? Just shows how bad reporting gets stories twisted....

It was Fentanyl according to the McPherson Sentinel article, not Ethanol, and it was used to treat Brown why hospitalized yet the investigation is not clear whether that medication mixed with his high blood alcohol level contributed to his death.

I just hope that the truth is found and justice served for those responsible.


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 Post subject: Re: Trial postponed
PostPosted: Wed Jan 23, 2013 11:07 pm 
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It is now up to Tx authorities to find this missing witness and return him to Ks, or the judge will make his ruling to bind over for trial based on testimony up to this point.

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 Post subject: Re: Trial postponed
PostPosted: Thu Jan 24, 2013 9:35 am 
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I attended the portion of the preliminary hearing that was held January 21st. Brown's BAC at admission to McPherson Hospital the morning of the incident according to medical records was .30 or nearly four times the legal limit to drive in Kansas.

Also, he was given Fentanyl as part of his medical therapy. There was some question from defense counsel as to an interaction between the two. The assistant coroner from Wichita who testified considered the blunt force trauma to be the primary cause of death, with the alcohol intoxication a contributing factor.

In my opinion, having heard the testimony, this hearing hinges on whether or not they can find Taajon Richardson. If they do not find Richardson, I would be surprised if either defendant is bound over for trial at least on murder charges at this time. However, I would infer from what Judge Richard B. Walker said on the bench that day, that they would dismiss the charges without prejudice, meaning that the State could re-file whenever they find him.

They may try to convict Franklin of a lesser charge as there was testimony that he hit Brown. There was also a second assailant, though on cross examination Torry Hamill wasn't sure that person was Flournoy. He said he had been told that by Richardson.

Richardson was in town all of the previously scheduled hearing dates and prepared to testify, but now they can't find him. This is squarely on the County Attorney's shoulders, in my opinion. He knew when this hearing was the day they postponed the last time. He should have made sure Richardson was available by whatever means necessary.

Regardless, this is an incident that has many more shades than those presented even in the prelim. Both defense attorneys are very talented and this case is not as well supported, based on what was heard in court, as I was led to believe.

The defendants caught a bit of a break, as one of the district judges serving McPherson County had to retire due to health reasons this month. A replacement has not yet been named. That is making the judge on this case very anxious to move things along, as there is no end in sight to his workload.

It will be very interesting to see if Mr. Richardson is in court on the 31st. I would be surprised to see him there.


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 Post subject: Re: Trial postponed
PostPosted: Thu Jan 24, 2013 9:48 am 
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Im hearing today that theyve located the missing witness


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 Post subject: Re: Trial postponed
PostPosted: Fri Jan 25, 2013 4:06 pm 
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.30 BAC = One helluva Party

He probably was a bigger guy, but at .40 alot of people are DEAD.

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 Post subject: Re: Trial postponed
PostPosted: Thu Jan 31, 2013 11:23 pm 
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http://www.kansas.com/2013/01/31/2658329/men-to-face-trial-in-tabor-college.html#disqus_thread

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 Post subject: Re: Trial postponed
PostPosted: Fri Feb 01, 2013 9:08 pm 
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I expected the two defendants to be bound over for trial, however the trial itself could hold some surprise. Deposed stories sometimes change ever so slightly which can affect a trial. We shall see if a conviction follows.

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 Post subject: Re: Trial postponed
PostPosted: Tue Feb 12, 2013 1:14 pm 
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KrazyKat-we often see chronic alcoholics in the ER with BAL's (blood alcohol levels) in excess of 500.The highest I've seen in the last 25 years was 598,and believe it not,the guy was walking,talking and somewhat coherent...If anything,the victim's elevated BAL may have contributed to his inability to defend himself and severity of his coma.Its essentially a medical misnomer that any certain alcohol level is lethal.For what its worth...

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 Post subject: Re: Trial postponed
PostPosted: Wed Feb 13, 2013 3:33 pm 
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That is sad but, IMPRESSIVE. I guess the old saying does work!! "practice makes perfect"

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 Post subject: Re: Trial postponed
PostPosted: Thu Apr 04, 2013 6:02 pm 
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http://www.kake.com/news/crime/headline ... 78891.html

One of the two defendants has entered a plea agreement. The other is still awaiting trial.

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 Post subject: Re: Trial postponed
PostPosted: Thu Apr 04, 2013 8:16 pm 
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According to local news he plead no contest to a lesser charge with the agreement that he would testify for the state against Franklin. He will be eligible for probation since he has no priors. Franklin's trial is set to begin Monday.

http://www.mcphersonsentinel.com/articl ... /130409659


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 Post subject: Re: Trial postponed
PostPosted: Tue Apr 16, 2013 4:25 pm 
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Franklin was found "not guilty" by the Jury. I'm not surprised actually after hearing facts that never came out in the media (I did attend some of the trial). I'm not saying he wasn't at fault for his actions, but there was a lot more to the story than what was told that I won't go into. Regardless a man died because of a lot of bad decisions by several young men.
My thought's and prayers go out to the victim's family hoping they can continue to heal and find some closure.


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 Post subject: Re: Trial postponed
PostPosted: Wed Apr 17, 2013 9:27 am 
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So the only perp punished is the one who copped a plea...I'm sure there were extenuating circumstances,but a young man was killed,was justice served?...My daughter knows someone who was on the jury,but they're not saying much (as it should be).I can't imagine what the family of the dead player is feeling...not much closure.

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 Post subject: Re: Trial postponed
PostPosted: Wed Apr 17, 2013 10:14 am 
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Swedes22inchGuns wrote:
So the only perp punished is the one who copped a plea...I'm sure there were extenuating circumstances,but a young man was killed,was justice served?...My daughter knows someone who was on the jury,but they're not saying much (as it should be).I can't imagine what the family of the dead player is feeling...not much closure.


I know 22...just hoping for peace for his family. Its not the ideal outcome.


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 Post subject: Re: Trial postponed
PostPosted: Wed Apr 17, 2013 12:44 pm 
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With the lab reports and coroner report and testimony it was a difficult task for the prosecution. That said it does not appear they did as good a job as they could have. The defendent participated in the beating but he was not charged with that, so an assault conviction wasn't possible. The jury could not ignore the possibility that the death was caused by the victims drinking as much as the beating.

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 Post subject: Re: Trial postponed
PostPosted: Wed Apr 17, 2013 1:24 pm 
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Can he now be charged with assault and not have it trigger double jeopardy?


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 Post subject: Re: Trial postponed
PostPosted: Wed Apr 17, 2013 2:33 pm 
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bronto wrote:
Can he now be charged with assault and not have it trigger double jeopardy?


I believe he could be charged with anything but the same crime. Civil suits could come into play as well and not just against the defendants.


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