And Never See Her Again (14 page)

On June 26, 2000, the day before Franks's scheduled kidnapping trial, his three gritty lawyers appeared in the courtroom of judge Robert Gill for a pretrial hearing on the motions that had been filed with the court. The men were as diverse in their appearance as they were in their approach to the law.

As lead attorney, Leon Haley, an attractive, welldressed African American, controlled his emotions and presented his cases in a calm, confident manner. Edward Jones, a younger, less experienced but exuberant attorney, often showed unabashed emotion in the courtroom. The third lawyer on Franks's defense team was Patrick Davis. Davis, clean-shaven and wearing wire-rimmed glasses, generally sat silently watching court proceedings with an open law book in front of him. Davis was not heard from until he rose to object to a point of law. Davis, well versed in appellate law, was on the team to make certain the pretrial hearing and the trial were run according to the letter of the law. Davis would also file Franks's appeal to a higher court in the event he was convicted of the offense.

The stern-faced Judge Gill, brown hair slicked to one side, with a short mustache in a neat trim line beneath his nose, was set to hear arguments from the defense in support of their motion to suppress statements given by their client in the hours prior to his official arrest and arraignment. The state, represented by Greg Miller, Robert Foran, and Lisa Callahan, would present evidence in support of the defendant's voluntary statement. They were prepared to squelch any objection to the presentation of Richard Franks's confession.

Investigator Kathy Manning was the first to be called. Blond hair neatly coiffed, and dressed in a business-style suit, Manning testified before the court that she had verified the arrest warrant against Franks, had been one of six investigators to initiate the arrest, and had prepared the Miranda warning to be read to Franks. Manning also established that Franks had acknowledged he understood his rights and had placed his initials at the end of each statement.

In addition, Franks had been presented a consentto-search form for his vehicle. The form had been read to him and he had signed it. Franks verbally had admitted he understood that the officers would be searching his car for evidence, and had expressed no objection or asked any questions.

The veteran investigator, who had moved to the District Attorney's Special Crimes Unit, from the Fort Worth Police Department, told judge Gill that Eric Holden, an expert polygraph examiner, had spent hours with Richard Franks, ultimately ending the interview with a statement from the accused.

"He hadn't been forced, coerced, or threatened to make the statement," Manning testified, adding, tongue in cheek, that guns hadn't been drawn, he hadn't been tricked, and Franks hadn't been intoxicated at the time the statement was given.

At that point in the proceedings, Lisa Callahan, an assistant district attorney for nine years, who had worked two years in the Crimes Against Children Unit, presented Franks's written statement into evidence. If the confession drew any negative reaction from Judge Gill, he didn't show it. He remained stoic throughout the reading.

'We gathered the appropriate paperwork we needed to bring him across the street to be arraigned," Manning stated. "And an arrest warrant had also been prepared, so we waited until that was finished before coming across the street into this building."

Manning, confident in the unit's procedures and self-assured in her testimony, explained that Ricky Franks was put in the bailiff's office behind the courtroom to wait for Judge Robert Gill to take the bench. Franks had remained in the bailiff's office about forty-five minutes before he was taken before the judge for arraignment. At that time the judge went over the Miranda warning in great detail.

"At no time did Ricky Franks invoke any of his rights," Manning stated firmly.

"Did he at any point in the bailiff's office offer any voluntary statements?" ADA Callahan asked.

"Yes. He said that he didn't do it, that he didn't want to be in trouble. He was just trying to say something to keep himself out of jail," Manning responded.

"Did Danny McCormick make a response to that?" Callahan questioned.

"Danny asked him, `Is what you said not the truth? All we want is the truth. You need to tell us what the truth is.' Franks said, `No. I told you the truth. I just don't want to go to jail,"' Manning answered.

Patrick Davis rose from his seat and objected. Davis believed the court was going to hear the objection to the arrest, then the motion to suppress Franks's statements. However, Judge Gill announced he intended to consider all the defense motions at once. Davis sat down, obviously unhappy with the court's decision.

When Manning's testimony continued, she told the court that while she and Charlie Johnson waited in the car with Franks, and while McCormick was getting the arrest warrant prepared, Franks again began to talk freely.

"He again said that he didn't do it. I said, `Well, everything that we've gone through tonight, did you make that up? Are you not telling us the truth?' He said, `No. I'm telling you the truth. I just don't want to go to jail. I don't want to be in trouble. They are twisting my words around.' I said, `How are they twisting your words around? What's wrong with what's been said?' And he said, `I just don't want to go to jail.' I said, `If you could tell us where the body was, then we could show the judge that what you put in that paper, everything in it is the truth.' He was concerned the judge wasn't going to believe that he had let Opal out of the car and she was still alive," Manning testified.

Edward Jones began his cross-examination of Manning by asking when she initially had received a copy of the seat belt warrant, a warrant that would allow investigators to pick up Ricky Franks and question him without formally charging him with any crime. Jones learned Manning first acquired a copy of the seat belt warrant on August 13, and again requested a copy, to make certain the warrant was still outstanding, on August 17, the day Franks was arrested.

"Are you in the normal practice of making arrests for ticket warrants?" Jones asked, expecting a negative response.

"Yes," Manning replied.

Jones stared at Manning questioningly. If he doubted the investigator's statement, he decided not to pursue the matter.

Jones next established that all of the officers present when Franks was arrested were with the Tarrant County District Attorney's Office. There had been no one from the Saginaw Police Department or from the FBI.

When questioned, Manning admitted that Franks had asked her how much money it would take to get him out of jail and that she hadn't checked to see if he had the necessary funds on his person to pay for the seat belt ticket. He also had asked where his car had been taken.

During Kathy Manning's testimony, Ricky Franks sat quietly at the table beside his attorneys. Dressed in a dark suit, white shirt, and multicolored dark brown tie, Franks appeared nothing like the scruffy, long-haired man described by the young witnesses of Opal's kidnapping. He showed no emotion and asked his attorneys no questions while Manning was on the stand.

In cross-examination Edward Jones repeated many of the questions asked earlier by Callahan. He then questioned Manning concerning Ricky Franks's mental abilities.

"At the time that Mr. Franks was arrested and questioned, did you have any personal knowledge regarding his IQ level or his mild mental retardation?" Jones inquired.

"No," Manning stated.

Jones continued his questioning, implying that Ricky Franks was unable to understand the Miranda warning, therefore he couldn't have waived his rights. He then asked about his client's condition during the long hours of interviewing.

"Did Mr. Franks get any sleep from the time that he was taken into custody, prior to his signing the statement, I believe, at eight A.M.?"

"No," Manning responded flatly.

"Are you familiar with the requirements regarding, upon arrest, taking someone before a magistrate without unnecessary delay?"Jones asked.

"Yes, sir."

"And in this case you don't believe that you, in not booking Mr. Franks in until after two o'clock the next day, hadn't taken him without unnecessary delay regarding the ticket warrant?" Jones pressed.

"That would be true. That was not an unnecessary delay," Manning answered with confidence. Manning was a seasoned officer who had testified in court numerous times. She knew well she was to answer the questions directly, giving no additional information not specifically requested by the defense.

Ed Jones knew he was not going to get any more than the basics from Manning. He moved on, questioning Manning and hoping to make points related to the defense motions.

"Did you inform the judge that Franks had recanted and said that he didn't do anything or know anything?" Jones asked.

"I didn't speak with the judge, no," Manning replied.

"Had the judge arraigned him?"Jones pushed on.

"At that point, no," Manning responded.

"But, yet, you didn't let the judge know that; is that correct,"Jones said, his tone more statement than question, his voice raised slightly.

"That's correct," Manning said.

Jones passed the witness to the prosecution.

Lisa Callahan, a striking young woman with long dark hair and large bright eyes, which sparkled through fashionable glasses, approached Kathy Manning for redirect examination.

"Now, counsel asked you whether or not you knew anything concerning the defendant's IQ. In conversing with him, you talked about a number of issues, bond, his feelings about whether or not the judge would believe him, stuff to that effect. Did he appear to speak and respond in a normal fashion?" Callahan asked.

"Yes, he did."

"Were you able to understand him completely?" Callahan inquired.

"Absolutely."

"Was what he said consistent and logical with what the issue was at the time?" Callahan asked.

"Yes, it was."

"Was his vocabulary normal?" Callahan queried.

"Yes, it was."

"Did his mental ability seem up to the task of dealing with the situation at hand?" the prosecutor continued.

"Yes, it was," Manning answered.

Callahan's last questions were in response to the time it had taken to get Ricky Franks arraigned. Through Manning, the prosecutor established that the paperwork prepared in order to get Franks booked in jail was begun at 6:00 A.M., soon after Eric Holden's interview with Franks was concluded. Regular procedures had taken them until later in the day to have Franks actually arraigned and then booked into the Tarrant County jail.

Kathy Manning was dismissed and Eric Holden, a licensed polygraph examiner, with two degrees in psychology, was called to testify.

Holden established that he had never heard of Ricky Franks until called by the Special Crimes Unit to interview him; that no investigator had spoken to Franks regarding Opal Jennings prior to Holden arriving in Fort Worth; and that it had taken about thirty to forty minutes to be briefed by investigators before he began his discussions with Franks.

"Why did you go talk to Ricky Franks more or less right away?" Miller asked.

'Well, because of the time of the evening. I wanted to determine that he wanted to take the polygraph examination. I needed to find out if he understood what the examination would be about and if he was a decent subject capable of being tested effectively. That would be based on his fatigue and his willingness to cooperate. I wanted to establish whether he was really going to take the test and if I would administer it to him based on his condition," Holden stated.

"How long did that initial conversation take?" Miller asked.

"About five to ten minutes," Holden replied.

"Based on your observation and comments and responses of Ricky Franks, what conclusion did you arrive [at]?" Miller asked.

Patrick Davis was on his feet. "Your Honor, I object to any conclusions. I don't think it's even relevant. At this time you're determining the motion to suppress a number of things. Mr. Holden's conclusions have no relevance or bearing on this hearing, as to my client's legal rights," Davis argued.

Without hesitation Judge Gill responded, "Overruled."

Davis took his seat and Miller continued his questioning.

"He was anxious to take the polygraph test. He wanted to take the polygraph test. He understood it was about the Opal Jennings case and he indicated that he felt rested and was in good shape. He said he had eaten and he was ready to take the test. So, based on that, I concluded that we would proceed," Holden answered.

Holden explained that he then set up the polygraph equipment in a room designated for conducting the examination. Holden then began the initial interview with a more in-depth evaluation of Franks's physical condition and his understanding of the issues they would cover. Holden then proceeded with the interview.

"During this process, did you obtain a consent from Ricky Franks?" Miller asked.

"I did."

Holden explained that whenever conducting an interview for law enforcement, he always issued the Miranda warning so that the person knew their rights. If, however, he was interviewing for a defense attorney, the interview was conducted under the attorneyclient privilege, therefore the Miranda warning wasn't given.

"Who is involved in deciding what questions are going to be administered?" Miller asked, sitting at the prosecution table.

"I initially develop the issues that I want to test over. The development of the test questions is really a combination of efforts-in this case between Mr. Franks and myself. I would talk to him about questions, make sure he is clear on them, get his language for what he thinks the question is asking, design a test question that he says he's very clear and can explain to me what that question means. Then I tell him we've got a good test question here, find out how he's going to answer it, and make sure he's very clear about that. Each of the questions is designed in that way," Holden explained.

"Did Richard Franks have to approve the questions that you were going to ask him?" Miller asked.