Sunday, December 23, 2012

Scott Franklin - Dec. 4, 2009 Possible plea deal in murder for hire case

Possible plea deal in murder-for-hire case

Yuba County prosecutors said Thursday they will offer a plea deal to Jonathan Scott Franklin, charged with attempted murder after allegedly paying an undercover police officer posing as a hit man $1,000 to kill his wife.
Deputy District Attorney Mike Byrne declined comment on the proposed agreement until he speaks with the now-ex-wife.
One of Franklin's attorneys, Nancy Southworth, said after meeting with Byrne and prosecutor Mechele Cook in Judge James Curry's chambers, that a motion to suppress tape recordings of Franklin allegedly discussing the plot with the undercover officer has been withdrawn, leaving the evidence valid "at this point."
A preliminary hearing, at which Curry would rule on whether probable cause exists to hold Franklin on the attempted murder charge, was continued until Dec. 11.
In the motion, Southworth and fellow defense attorney Phillipa Lauben contended police lacked a court order allowing the officer to "wear a wire" while meeting with Franklin.
Byrne responded that an order is not needed in cases where police have probable cause to believe a violent crime is likely.
Still in effect is another defense motion alleging police lacked probable cause to search Franklin's residence. The search found child pornography on Franklin's computer.

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