Five Fucking Years

Five years. 

     FIVE YEARS.

         FIVE YEARS.

FIVE FUCKING YEARS!

OK, it's really 4 years 9 months and 29 days. 

But that's a quibble.

That's how far into the future they've planned the killing.  Talk about premeditation.  Talk about prior calculation and design (which, under our statute turns garden variety murder into aggravated murder).

It's Antonio Sanchez Franklin, convicted of the brutal murders of Ophelia, Ivory, and Anthony Franklin (his grandmother, grandfather, and uncle).  The crimes were, the jury and the courts agreed, committed with (here's that phrase again) "prior calculation and design."

Here's how the Ohio Supreme Court explained it,

     This court has never set forth a bright-line test for discerning the presence or absence of prior calculation and design but instead undertakes a unique analysis of the facts of each case. . . . . In the instant matter, the facts demonstrate prior calculation and design.

     Obviously, appellant knew his victims very well, since they were close relatives with whom appellant resided. His relationship with each was clearly strained. The evidence indicates that despite the wishes of Ophelia and Ivory Franklin, appellant created friction by refusing to get a job or attend school. In fact, approximately two weeks prior to the murders, his grandparents gave him thirty days to find another place to live, a prospect that caused appellant to act in a hostile manner toward his family.
     Moreover, appellant was at odds with Anthony Franklin. While he was being questioned by Dayton police in Nashville, appellant, in reference to Anthony, exclaimed, “Son of a bitch raped me, that’s why I killed ’em all. * * * He raped me when I was fourteen, and the old man knew about it, but that was his son, so he didn’t do anything about it.” Appellant also revealed that Anthony had accused him of being gay.

     There is also evidence to support the view that the accused gave thought and preparation to choosing the murder weapon and the murder site. He used various weapons on the three victims. He shot Ophelia and struck her repeatedly with a blunt instrument, and beat Ivory and Anthony with blunt instruments as well. Unsatisfied, appellant proceeded to intentionally set a fire. These events occurred in a place where appellant knew that all three individuals could be found at once.

     Finally, it does not appear that the murders were instantaneous events, but instead were carried out over a period of time.

All of which is, if it's all true,* pretty compelling evidence of prior calculation and design.

As, of course, is a plan - hell, it's an order - to commit a murder, purposely causing the death of another as the statute says, in 4 years, 9 months, and 29 days.  Especially when you've even planned the particulars of how the killing is to be done.

I'd be remiss here if I left the impression that there are no other killings on the horizon here in the Buckeye State.  In the nearly 5 years before Franklin's special day Ohio has 27 others lined up.  Each neatly and precisely scheduled.

Next up is William Montgomery from Toledo, just under a month from now, on April 11.  But that's only the latest date.  September 28, 2012, the good folks at the Ohio Supreme Court ordered his murder for August 6, 2014, a mere 23 months and some days in the future.  But well, Ohio's had serious trouble killin folks.  The Governor rescheduled his murder for February 11, 2015, then or September 17, 2015, then . . . . Damn, this is long.  Here's a list:

• August 6, 2014
• February 11, 2015
• September 17, 2015
• August 15, 2016
• June 13, 2017
• October 18, 2017
• January 3, 2018
• April 11, 2018

Given all that, maybe the most you can say is

Maybe

Which is probably for the best given that there's a fair chance Montgomery didn't actually kill Debra Ogle and Cynthia Tincher 32 years ago.  But you know, that's maybe just one of those things.  I mean there was a trial.  And the county prosecutor is quite sure he's guilty, so really, who's gonna kick up a fuss?

Anyway, after Montgomery, there's Robert Van Hook in July and then Cleveland Jackson and then Warren Henness and then . . . . And more than 20 others until Quisi Bryan On October 16, 2022.  

And now Antonio Franklin.  In just short of 5 fucking years.

His date set this morning (yesterday morning, actually, since it's a bit after midnight now) by the Justices of the Supreme Court of Ohio.  Their latest planned aggravated murder.

"Depend upon it, sir," Dr. Johnson said, 

when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully.

Five years, though, that's maybe a little different.

On the other hand, don't hold your breath.  I'm not a betting man, but it's even money that whatever may be happening at 10 in the morning on January 12, 2023, it won't be the murder of Antonio Sanchez Franklin by the State of Ohio.  There's just too much that can happen in five years.  Including, just maybe, the end of our cycle of vengeance.  

The maybe innocent William Montgomery next month?  That's a different story.

* * *

Here's today's order.

1998-2061. State v. Franklin.Montgomery C.P. No. 97CR1139. On motion to set execution date. Motion granted. Antonio Sanchez Franklin’s sentence shall be carried into execution by the warden of the Southern Ohio Correctional Facility, or in his absence, by the deputy warden on Thursday, January 12, 2023, in accordance with the statutes so provided.

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*I have no inside knowledge.  I never represented Franklin, haven't read the transcript of his trial, haven't discussed the case with any of his lawyers.  All I've done is read some court opinions.