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Attn Whitebear: I knows I done seen dis heah befo' cause I remembers tell'n somebody about it last year. Please check yo archives to see if you is gots anythang on dis heah negro.
T.N.B.
Ex-teacher's aide headed to prison
FORT WORTH - A former substitute teacher's aide was sentenced to two years in prison Tuesday for having sexual contact with a 14-year-old girl inside an alternative school classroom as six other students watched.
The jury of six men and six women also sentenced
David Lawson Franklin, 23, to five years' probation for allowing two boys to simulate sex with the girl inside Horizon's Alternative School on Jan. 23, 2003.
Shortly after hearing the verdict, Franklin's mother, Jessie Lind
sey, burst from the courtroom sobbing, followed by several friends and family members. A
ll put their arms around Lindsey and rocked her as she repeatedly muttered the word
"innocent."
The jury's punishment was another blow to this tight-knit group, who have traveled by bus each day to the courthouse. They have steadfastly maintained Franklin's innocence and were praying Tuesday for probation.
"Somebody said the sentence is short, but we feel that, when an innocent man is in prison, one day is too long," said the
Rev R.A. Toliver, spokesman for the family and pastor of New Mount Carmel Missionary Baptist Church. "We don't feel justice was served."
During the seven-day trial in state District Judge Elizabeth Berry's court, prosecutors Steve Jumes and Walt Junker, Tarrant County assistant district attorneys, called all seven students in class that day.
All testified that Franklin took the girl
beh
ind a bookcase, took his pants down and appeared to be having sex with her. All testified that Franklin also served as a lookout as two other boys engaged
in sex acts with the girl.
Defense attorneys Walt Cleveland and Brenda Hansen, meanwhile, argued that the crime did not happen and that Franklin was the target of a concocted story by troubled students who would do or say anything to gain notoriety.
On Monday, jurors rejected the defense team's argument and convicted Franklin of two counts of indecency with a child and three counts of sexual performance by a child --
all of which were punishable by probation to 20 years in prison.
On Tuesday, during her final summation to the jury, Hansen urged jurors to give Franklin probation, reiterating that his family and church have pledged to make sure he follows the rules.
"We don't normally have people with the type of support system that David has," Hansen told the jury. "... These are pe
ople who
are going to be standing behind him and with him, every step of the way."
Cleveland reiterated that probation would be harsh punishment for Franklin, who would not be able to be aro
und children unsupervised and, therefore, would be unable to attend his young daughter's extracurricular activities. He would also have to register as a sex offender for life.
"We're not asking you to let him go. We're asking you to give him a chance," Cleveland said. "If there was ever someone who deserved a chance, it is David Lawson Franklin."
During his closing argument, prosecutor Junker argued against probation and told jurors to put aside any pressure they may be feeling from the presence of the media or Franklin's supporters.
"Tomorrow morning, when this case is over, the only person you're going to have to look at in the mirror is yourself," Junker said. "When you go back there and de
cide the pun
ishment for this person, please vote your conscience."
Junker told jurors that Franklin likely would not be successful if given probation. First of all, he said, Franklin would have to complete sex offender counseling, which would require him to admit his guilt -- something Junke
r suspects that he would not do.
Furthermore, he said, Franklin's probation officer would have to rely on Franklin's family and church members to report any violation, something he doubted would happen.
"They have a blind faith in this defendant that most people reserve for their maker," he said. "They are in denial."
In his final words to the jury, Jumes asked jurors to think about what Franklin taught the children in class that day -- certainly not to respect women.
"This case is wrong on so many levels," Jumes said. "It is disgusting to think about."
"... You have to think about that man turning out the lights
and looking out
the door as a lookout and telling those kids,
`I'm going to show you how it is done.' You have to get into that sickness. You have to get into that evil to assess the appropriate punishment."
After four hours of deliberations, the jury returned its verdict, deciding that Franklin deserved both prison and probation.
Afterward, Jumes said he wa
s pleased with the jury's decision and hoped it sends a strong message.
"Children won't be swept under the rug," Jumes said. "In Tarrant County, even if you are a teacher and if you have troubled kids, you are going to be taken to task if you sexually abuse them.
"It's the kind of case that, when you first hear it, you think it's outrageous. But, when the jury got to hear everything, the truth came out."
Defense attorneys said they will appeal and continue to fight for Franklin.
"A totally innocent client will work you to death as a defense attorn
ey, and we are prou
d to work for him," said Cleveland, who was court-appointed.
Hansen, who worked on the case with Cleveland for free, agreed. "I took this case on, knowing I wasn't going to get paid for it. ... But you have to do what is right. Sometimes what is right is more important than money."
Another Horizons aide pleads guilty in similar case
Franklin's conviction marked the second time a teacher's
aide has been found guilty of having an improper relationship with a Horizon's Alternative School student.
Eleven months after the allegations surfaced against Franklin, another teacher's aide at Horizons was charged with sexual assault of a child under 17.
Police said
Nester Lopez Jr. was in the computer lab at Horizons in 2003 when he met the victim, a 15-year-old Northside High School student assigned to the school for disciplinary reason.
According to an arrest warrant affida
vit, after the girl ret
urned to Northside High, she and Lopez began an off-campus relationship that turned sexual. Officials said the girl reported the relationship to a counselor
after Lopez began hitting on her young cousin and another student at Horizons.
Last month, Lopez, 24, who has been terminated by the school district, pleaded guilty last month and received 10 years' deferred adjudication probation for the crime.
************
"... You have to think about that man tur
ning out the lights and looking out the door as a lookout and telling those kids, `I'm going to show you how it is done.' You have to get into that sickness. You have to get into that evil to assess the appropriate punishment."
All testified that Franklin too
k the girl behind a bookcas
e, took his pants down and appeared to be having sex with her. All testified that Franklin also served as a lookout as two other boys engaged in sex acts with the girl.
Wake up America and smell the negro!
T.N.B.
