Court considers lower bail for father accused of murdering son
NORWICH – A man accused of killing his son appeared in court on Monday to ask for reduced bail.
Ernest F. Franklin II has been in jail since his arrest in March.
Originally remanded without bail, it was changed to $250,000 cash and $500,000 bond. Chenango County Judge Frank B. Revoir Jr. lowered the bail again in June to $125,000 cash and $250,000 bond.
Chenango County District Attorney Joseph McBride requested that bail be raised due to the nature of the crime.
Ernest and his wife, and codefendant, Heather Franklin, were originally arrested for second-degree murder, a class A-1 violent felony; arson in the third, a class C felony; and tampering with physical evidence, a class E felony. The charges occurred after the couple allegedly murdered their 16-year-old son before setting their house on fire to cover up the murder.
McBride said, “Bail is set too low now, judge.” He referenced cases with similar charges in Chenango County where bail had not gone lower than at least $400,000.
“Bail is hundreds of thousands of dollars less than what Chenango County historically has set in the past.”
McBride went on, saying, “Counsel will have you believe [Franklin] hasn’t had any opportunities to reduce bail. There is no statute that says it has to be reduced every time the defendant can’t make bail.”
Franklin’s attorney Zachary Wentworth requested bail be set at $40,000 cash after speaking to the family and friends of the defendant. The family of Franklin’s wife paid $125,000 to bail her out of jail, and “believes they may be able to post $40,000,” according to Wentworth.
Franklin’s attorney argued that the defendant has no reason to flee the jurisdiction. “He was honorably discharged from the military. Mr. Franklin wasn’t employed before this happened, he was on disability, using that to support himself and his family.”
“He’s lost everything. His wife did have a son in June of this year. He has no incentive to flee the jurisdiction and leave him behind.”
“The case at this point is purely circumstantial. The medical examiner doesn’t have a cause of death for the child,” Wentworth said.
McBride disagreed saying, “The poor victim’s body was burnt beyond recognition. The pathologist said he was unequivocally dead before the fire.”
“When the defendant was in Town Court, he attempted to plead guilty to the charges,” McBride said in reference to Franklin’s first arraignment. When asked the status of his plea by the Town of Guilford Judge during that arraignment, Franklin, said “guilty” before his public defender corrected him and changed his plea to “not guilty.”
“If bail was lowered to $40,000 it would be a travesty of justice,” McBride said.
Judge Revoir did not give a decision in the courtroom, saying, “I’m going to give a written decision in three days. You’ll have that decision in three days.”
Ernest F. Franklin II has been in jail since his arrest in March.
Originally remanded without bail, it was changed to $250,000 cash and $500,000 bond. Chenango County Judge Frank B. Revoir Jr. lowered the bail again in June to $125,000 cash and $250,000 bond.
Chenango County District Attorney Joseph McBride requested that bail be raised due to the nature of the crime.
Ernest and his wife, and codefendant, Heather Franklin, were originally arrested for second-degree murder, a class A-1 violent felony; arson in the third, a class C felony; and tampering with physical evidence, a class E felony. The charges occurred after the couple allegedly murdered their 16-year-old son before setting their house on fire to cover up the murder.
McBride said, “Bail is set too low now, judge.” He referenced cases with similar charges in Chenango County where bail had not gone lower than at least $400,000.
“Bail is hundreds of thousands of dollars less than what Chenango County historically has set in the past.”
McBride went on, saying, “Counsel will have you believe [Franklin] hasn’t had any opportunities to reduce bail. There is no statute that says it has to be reduced every time the defendant can’t make bail.”
Franklin’s attorney Zachary Wentworth requested bail be set at $40,000 cash after speaking to the family and friends of the defendant. The family of Franklin’s wife paid $125,000 to bail her out of jail, and “believes they may be able to post $40,000,” according to Wentworth.
Franklin’s attorney argued that the defendant has no reason to flee the jurisdiction. “He was honorably discharged from the military. Mr. Franklin wasn’t employed before this happened, he was on disability, using that to support himself and his family.”
“He’s lost everything. His wife did have a son in June of this year. He has no incentive to flee the jurisdiction and leave him behind.”
“The case at this point is purely circumstantial. The medical examiner doesn’t have a cause of death for the child,” Wentworth said.
McBride disagreed saying, “The poor victim’s body was burnt beyond recognition. The pathologist said he was unequivocally dead before the fire.”
“When the defendant was in Town Court, he attempted to plead guilty to the charges,” McBride said in reference to Franklin’s first arraignment. When asked the status of his plea by the Town of Guilford Judge during that arraignment, Franklin, said “guilty” before his public defender corrected him and changed his plea to “not guilty.”
“If bail was lowered to $40,000 it would be a travesty of justice,” McBride said.
Judge Revoir did not give a decision in the courtroom, saying, “I’m going to give a written decision in three days. You’ll have that decision in three days.”
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