And Never See Her Again (21 page)

"`She unzipped my pants, took my dick out. She had it in her hand. She went down like she was going to go down on it. I pushed her back. I put my dick back in my pants. She was sitting beside me. When she went to bend over, I pushed her back. I said, "I'm not going to have sex with someone younger than I am.""'

Spectators twisted uneasily in their seats. The faces of the Sanderford family didn't reveal any of the anger or sadness they felt in their hearts. Miller had prepared them for what would be revealed in court. If jurors were adversely affected by the words of the defendant, they held their emotions close. The Frankses, on the other hand, whispered their disbelief that Ricky could have made the disgusting accusations. His mother merely put her face in her hands as Manning's voice reverberated throughout the courtroom. Ricky Franks stared at the table in front of him, while his attorneys watched each member of the jury closely to interpret any consequence that might surface later.

` "I told her that she needed to get out of the car,"' Manning continued. "'This happened on the way back from the store. I took her to her house and left her off the same place where I talked to her at. I don't know if she went in the house or not. I just wanted to get away from her. When I dropped her off, she gave me a hug and I left. The other two kids were in the field playing.

"`Everything in this statement is true and correct and I said it in my own words. I stopped the interview at my request when I got tired. I was treated good tonight and everything I said is in my own words.'

"And again, the initials, `RLF.' Underneath that is typed Richard Lee Franks and then Richard Franks's own signature. The date, August 18, 1999. The time, eight A.M. Witnessed by Danny McCormick."

The words of the defendant hung in the courtroom like an unnatural fog. When Leon Haley began to question Manning, he wanted not only to detract from the possible impact of his client's words, but to refocus the testimony on the arrest, detention, and questioning of Ricky Franks.

After having Manning restate the procedures followed the day of Franks's arrest, Haley asked, "You're familiar that no evidence obtained by an officer or person in violation of any provision of the [Texas] Constitution or the laws of the state of Texas, or the [U.S.] Constitution or the laws of the United States of America, shall be admitted into evidence against an accused on trial in any criminal case. You're aware of that, correct?"

"That's true," Manning agreed.

"And you're further aware that any case where the legal evidence raises an issue the jury shall be instructed that, if it believes or has a reasonable doubt that the evidence was obtained in violation of the provision of this article, the jury shall disregard any such evidence so obtained. You're aware of that, correct?" Haley continued.

"That's true," Manning responded.

It was unclear if members of the jury understood the defense counsel's technical reference to the law as it pertained to the acquisition of his client's statement, but Haley felt he had made his point. He passed the witness.

ADA Callahan countered Haley's insinuations of misconduct by having Manning once again tell the jury that Franks's statement was taken properly in accordance with the law and that he had stated he understood his rights before they proceeded.

The bantering, back and forth, on the issue of Franks's ability to comprehend the procedures continued for several minutes. When both prosecutor and defense counsel announced they had no more questions for Manning, Judge Gill recessed court for the day.

The damning statement of Richard Lee Franks had not been forgotten during the rapid-fire redirect and recross-examination by the two attorneys. The words of Ricky Franks would ring in the ears of those who had been present in the court for some time.

As Judge Gill dismissed court for the day, the statement of Ricky Franks was on the minds and lips of everyone who had been present to hear Kathy Manning read the declaration. It wouldn't be until the jury returned with their verdict that the impact of the offensive words "She asked me to fuck her" would be known.

Day one of the Richard Franks kidnapping trial had ended with the shocking written statement of Franks accusing Opal Jennings of attempting to seduce him. Heads were still reeling over the language and insinuations made by the defendant.

The previous day's testimony concluded with a member of the Special Crimes Unit; the second day began with another. Danny McCormick, tall, lean, his shaven head shining under the courtroom's fluorescent lighting, ambled to the front of the courtroom to be sworn in. He moved stiffly, as he had during the pretrial hearing, hampered by a tight back brace, the result of recent back surgery.

Like Mike Adair and Kathy Manning, McCormick also had served as a police officer. Ten years on the Denton, Texas, force had prepared McCormick for his position as a Narcotics Field supervisor, prior to being tabbed as a member of the elite Special Crimes Unit.

Unlike Mike Adair, who had dressed in a conservative dark business suit, McCormick's attire had more of a Western flavor, from his handlebar mustache down to his cowboy boots.

The veteran lawman had been assigned to the Opal Jennings case immediately after word of her abduction, long before the tip concerning Ricky Franks had reached the Special Crimes office. In fact, it had been McCormick who had passed the Franks lead on to Mike Adair.

McCormick reiterated that Manning had discovered a traffic warrant for Franks and the warrant was served by their personnel on August 17, 1999. The black Mercury Cougar driven by Franks had been secured and preserved for trace evidence.

"We have heard the use of words like `pretext' and stuff like that in this trial," Robert Foran stated. "When you arrest someone on a valid traffic warrant, are you allowed to inquire into the traffic warrant if you want to?"

"Yes, sir," McCormick replied.

Ricky Franks sat silently beside his attorneys, watching McCormick with his head held high and a bit of a smirk on his pimpled face.

"Are you allowed to inquire into other criminal matters?" Foran asked, attempting to counter the defense's accusations concerning Franks's arrest.

"Yes, sir."

Even if investigators had used the traffic warrant as an alleged reason to detain Richard Franks and question him about the Opal Jennings kidnapping, McCormick made it clear that they had been within their legal rights.

After McCormick stated he had read Franks the Miranda warning, the assistant district attorney went through each section of the warning, with McCormick verifying Franks's initials on each paragraph.

Investigator McCormick explained to the jury and spectators how Eric Holden was called to the office to interview Franks. They were provided a larger room in which to meet, and no law enforcement personnel were present during their discussions. McCormick verified that Franks had been given frequent bathroom breaks, provided beverages, and was allowed to smoke. He made it clear that once Eric Holden's interview with Franks had concluded, he had taken the interviewer's notes and had Investigator Charlie Johnson type them up on one of their investigative forms. McCormick added that in order for the statement to be valid, it had to have the Miranda warning on the front face of the statement. Franks then signed the statement, never indicating he didn't understand what was going on.

Ricky Franks eyed McCormick carefully as the investigator spoke of his interview with Holden. His blank expression failed to give away his inner thoughts.

Leon Haley walked to the middle of the courtroom and addressed McCormick. "On August 17, 1999, y'all made a decision, after following him and his wife around that particular day and waiting until he was alone, y'all made a calculated decision that what y'all were going to do is mess with Ricky. Isn't that fair to say?" Haley said accusingly.

From his seat at the prosecutors' table, Robert Foran announced, "Objection, argumentative."

"Sustained," Judge 611 ruled, agreeing with the assistant prosecutor.

Haley amended his questioning to indicate that the task force had been in possession of the arrest warrant for four days before seven plainclothes investigators in unmarked cars made the arrest.

The ardent defense attorney also presented, through McCormick's testimony, that they had the option of leaving Franks's car at the convenience store and having his wife pick it up, or having it towed to the downtown police pound. McCormick had to admit that the team had opted for one of the investigators to drive the Cougar to the county garage.

"But as y'all drove it off, assuming that Ricky had actually been involved in this matter, you could have been contaminating evidence; isn't that true?" Haley asked, setting into motion possible questions that any evidence that may have been found later in his client's vehicle was possibly tainted.

Following inquiries about the interview room in which Franks was held, and whether Franks had been left alone for long periods of time, Haley concentrated on his client's family.

"During all that period of time, he's at a place he's never been before and you are telling me he didn't ask to go home?" Haley declared.

Haley looked surprised, even bewildered, when McCormick responded by telling him that the defendant had not asked to go home or asked to speak to any of his family. In fact, McCormick insisted that Ricky Franks had sat in the interview room drinking Dr Pepper and waiting for the arrival of Eric Holden, seemingly unconcerned about his detainment. As hard as Leon Haley tried to get McCormick to acknowledge that he, other investigators, or Eric Holden had interrogated Mr. Franks, rather than interviewed him as they insisted, McCormick held fast to his denial.

Then the questioning turned biting as Haley drilled the investigator about evidence that authorities obviously had expected to be found in the defendant's car.

"You told him that there was blood in that car; isn't that correct?" Haley said sharply.

"He was told there was some blood in the car," McCormick replied matter-of-factly.

"And you were lying to him, weren't you?" Haley said, his voice rising.

"No, sir. I was told there was."

"You know now that there was no blood in that car that leads my client to Opal Jennings. Isn't that fair?" Haley adamantly pursued his questioning.

"That's correct," McCormick acknowledged.

Judy Franks smiled as Haley's cross-examination took on a combative edge.

"Somebody told him there were hair fibers in that car. Are you aware of that?" Haley questioned.

"Yes, sir."

"And y'all were lying to him about that, too, weren't you?" Haley accused.

"I was not, no, sir."

"You know to this day that after all of the tests were done, that there are no hair matches to my client in that car dealing with Opal Jennings. Is that fair?" Haley asked pointedly.

"That's correct, yes, sir," McCormick conceded.

Repeating that absolutely no blood was found in Franks's vehicle, making certain the jury was fully aware that his client's car couldn't be linked to Opal Jennings by forensic evidence, Haley charged McCormick with lying to his client through interrogation tactics, not interview techniques. McCormick responded to Haley in the same unruffled, controlled manner he had maintained throughout the questioning, denying the allegations.

Haley's voice softened, but his intensity remained. "Y'all were just in there nicely, politely accusing him and lying to him. Is that fair to say?"

"No, sir," McCormick responded calmly.

But McCormick had to agree with Haley that Franks had changed his story a number of times and that at some point he had told the investigators, "I'm being confused." McCormick also admitted that they had not informed the judge who arraigned Franks that he had recanted his story. Then the investigator disclosed that at some point Franks insisted he didn't kill Opal Jennings, maintaining that the officers were twisting his words.

Haley's face remained stoic, but his dark eyes reflected pleasure with McCormick's acknowledgments. He hoped reasonable doubt was looming larger in the minds of the twelve jurors. The skilled attorney knew not to lie back, but to continue pressing forward, to keep the focus on the investigation itself and off his client.

"The bottom line is, y'all are talking to this man," Haley said as he pointed toward Ricky Franks, "and you ask him, `Can you tell us where you might put a body?' Isn't that right? Y'all had him running all around town trying to find a body, correct?" Haley asked this in an effort to prove his client had no real knowledge of where Opal Jennings might be.

'We went to two places, yes, sir," McCormick admitted.

"And found absolutely nothing; isn't that right?"

"That's right."

"And all of y'all are standing out there looking real silly with a mentally retarded person. Y'all were looking real silly out there finding absolutely nothing. Isn't that true?" Haley said mockingly.

"We didn't find anything, no, sir," McCormick replied, ignoring the attorney's snide remarks.

Franks's two half brothers sneered at the witness as they listened to Haley chip away at the investigative tactics used on their younger brother.

Haley had managed not only to have one of the principal investigators acknowledge that they had found no body and no physical evidence linking his client to Opal Jennings, but had once again managed to instill in the minds of the jury Ricky Franks's diminished capacity.

Haley summed up his cross-examination of McCormick by questioning him as to why Franks's statement had not been recorded on either audiotape or videotape when the technology was available. He asked why they had decided to obtain a written statement signed by Franks, in lieu of any sound-recorded or video-recorded transcript.

"When something is as serious as this, so important in trying to find out the true person that abducted Opal, we don't have anything other than that statement from my client; is that fair?" Haley asked, again allowing his annoyance to show through to the jury.

"We have the statement, yes, sir," McCormick responded flatly.