“Justice will not be served until those who are unaffected are as outraged as those who are”
90. If you are an upstanding, law abiding citizen going about your daily routine of raising your family, paying your bills and enjoying the freedom we all take for granted, you may never know how slow the wheels of justice turn. Watching your favorite police drama basically has everything from the crime being committed to sentencing of the bad guy rolled up into a neat and tidy hour long show! Well, I can tell you it is not anything like that. Also gone are the days of hard hitters like Judge Judy with her strict measures & no nonsense approach to the law.
91. As was displayed in Blog #1, points 7 through 12, we have the two defendants of the St. Patrick’s Day shooting. Not sure exactly what was rolling through their minds at the time but I can tell you it wasn’t intelligent on their part and it has led to a lot of anxiety ridden days and sleepless nights on our behalf. As victims of a crime, you soon find out that the process takes time, month after month and in the Palace Bar’s case, over a year of waiting for justice. The file of Victims/Witness notices pile up and you wonder when is this all going to end?
92. In the case of Devin Hakeem Franklin, he wrapped up his day in Court in January 2023. Let’s review his charges and the chain of events that followed. Carry Handgun – Alcohol Sold/Consumed Re: WI Statute 941.237(2) which states, Whoever intentionally goes armed with a handgun on any premises for which a Class “B” or “Class B” license or permit has been issued under Chapter 125 is guilty of a Class A misdemeanor. If convicted, he could face a maximum penalty of 9 months in jail & a fine of $10,000.
93. Devin Franklin turned himself in to the Superior Police Department 3 days after the incident at bar close. He was booked & released on March 21/2022 with his initial appearance before the Court on March 22/2022. He pleads NOT GUILTY and the Court orders a $1000 signature bond with conditions of no contact with Palace Bar, no use or possession of alcohol, no use or possession of dangerous weapon or firearms. A Status Conference was scheduled for April 25, 2022 at 9am. So being new to anything that takes place in a Court room, we now have a new vocabulary to learn as well as a glossary of terms.
94. The morning of April 25th arrives. 9am sharp. The Court official is there, the Representative for the State is there but Devin Franklin is NOT! The State mention he had retained counsel but there was a conflict so counsel withdrew. The State then requests a warrant and forfeiture of bail/bond. A bench warrant was authorized and issued by the Court. In the mean time, Devin Franklin appears in Court, obviously late, which common sense dictates must have irritated all parties involved. The Court official then quashes the warrant, reinstates the bond and conditions and sets a new Status Conference for May 2022. And to that I say WOW! He is late for his court appearance and basically nothing happens. In fairness, I wasn’t there and I have no idea if the Judge read him the riot act or not. Let’s hope so.
95. Friday May 20, 2022, next Status Conference date. The State makes Devin Franklin an offer and he does not accept it. He says he will retain an attorney and the Court directs him to a public defenders office.
96. Next Status Conference, June 24, 2022. This date arrives and Devin Franklin still does not have an attorney. Good grief! Another Status Conference is set for July 22, 2022.
Can you see a pattern developing here? At this point the frustration of this whole case has us pondering the seriousness of a gun crime.
97. At the July Status Conference, Devin Franklin finally retains an attorney. This then leads to another Status Conference set for September 2, 2022 so that the defense can review discovery.
98. As summer turns to autumn in the Twin Ports, the State indicates that an offer has been made. The defense counsel indicates he will be reviewing discovery with his client. Parties jointly ask for another status. Next Status conference, October 7, 2022.
99. At this Status Conference an offer has been made again by the State. The defendant is not interested in settling the case and ask for a trial date. Jury trial scheduled for January 24, 2023 with the pretrial conference on December 27, 2022.
100. Well, now we are getting somewhere! Ah, but wait! A motion hearing takes place on November 29th as counsel withdraws from Franklin’s case.
101. At the pretrial hearing on December 27th , Franklin stated he planned to represent himself and would like to accept a plea agreement. The State recites agreement of 90 days jail imposed and stayed for 1 year probation. He would also like more time rather than waiving his right to an attorney. He stated that if he had more time he could retain counsel. A Status Conference is set for January 20, 2023. Is all this a stall tactic? It seems like a ridiculous waste of Court time.
102. January 20th arrives and in the Status Conference the State believes the case is resolved. Devin Franklin is questioning expungement with Courts approval. The Court grants the defendant time to write a letter requesting expungement. To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. He isn’t bold at all! Asking for expunction and you haven’t been sentenced yet. There are no words that come to mind to explain that request! Selfishness perhaps?
103. Plea/Sentencing hearing day, January 30, 2023 is set. Devin Franklin pleads No contest therefore Guilty due to No contest plea. He is sentenced to 90 days in jail imposed and stayed for 9 months of probation. Conditions of probation are no contact with the Palace Bar, do not possess any firearms, a $100 fine plus court costs & surcharges, he must obtain his GED or HSED while on probation. Expungement will be considered after successful completion of probation. Bottom line...No jail time.
104. Probation AKA “Supervised Freedom”. Sounds like a great deal to me! Sure wish we had freedom. Freedom from anxiety, freedom from worry, freedom from depression! Nope, can’t say we do. We have been serving a sentence since March 2022. Victims of a senseless crime! Victims of an over reaching Mayor.
105. And by the way, not a word from our so-called safety warriors, the Mayor, Chief of Police, City Attorney, and City Council. You also won’t read any of this in our two rags, the Superior Telegram and The Duluth News Tribune. I’ll have a lot more to say about them in future blogs.
