Fire investigator offers testimony at Franklin murder trial

NORWICH – A Chenango County Bureau of Fire investigator testified in court on Thursday, telling the jury about his interactions with the defendant and possible origins of the fire.

Ernest Franklin II, 36, is charged with second-degree murder, third-degree arson, and tampering with physical evidence.

Prosecutors said at around midnight on March 1, 2017 at their home at 457 State Route 8 in the Town of Guilford, the couple, Ernest Franklin and Heather Franklin, worked together to kill their 16-year-old disabled son Jeffrey Franklin and burn the evidence.

According to Chenango County Bureau of Fire Investigator Kavin Winton, the investigation into the cause and origin of the fire began on the same night the fire occurred, and he discussed several investigative red flags that appeared throughout his interview with Franklin.

“Mr. Franklin was a point of interest for us because not only was he the one who discovered the fire, but he was also the last person to leave the house before the fire started,” said Winton. “We ended up doing two interviews with him before the investigation had ended.”

He said during the first interview Franklin described various aspects of his home, including the locations heating sources, the history of the home, and the location of various electrical components.

“He said the wood-stove was the home’s main source of heat,” said Winton. “Then we discussed his son, Jeffrey.”

He testified that Franklin referred his adopted son Jeffrey in a very unusual way, and lowered his voice as he explained.

“He told me Jeffrey was diagnosed as a 'retard' – I’m sorry I lowered my voice, I’ve never heard a father describe their son that way before,” said Winton.

He said he asked Franklin about the things in Jeffrey’s room, and Franklin responded, “Piss.”

“I asked for clarification, and he said Jeffrey had pissed all over the room,” said Winton. “At this point I already had some concerns.”

He said his concerns grew as Franklin described his actions before, during, and after the fire. He added that Franklin told him he left the house to care for some animals, walk and retrieve his dogs, and returned to see his house on fire.

“He said he was out of the house for 53 to 55 minutes after leaving around 10:30 p.m.,” said Winton. “I know the 911 call came in at around 1:26 a.m., so there was missing time I needed to account for.”

Winton said he asked Franklin what happened when he returned to the house, and Franklin responded that he ran over to the window connected to his son’s room, and threw a rock through it.

He said Franklin never once mentioned that he was trying to save his son by throwing a rock through the window, and he added that Franklin had no visible signs of injury, soot, or ash that an investigator would typically see if someone had tried to enter a burning building.

“Franklin said the fire was between the living room and the dining room when he returned to his home that night,” said Winton. “Approximately 30 feet away from Jeffrey’s room.”

He said based on Franklin’s description of the flames inside of the house, they were approximately two feet tall, and still in the early stages of development. He added that by throwing a rock through Jeffrey’s window, that may have drawn more fire towards his room as it was a source of oxygen.

“If the fire was looking for oxygen, which it needs to survive, it would head towards the window that was broken by the rock,” said Winton. “When I asked him about the wood-stove, he said the door may not have latched properly when he closed it.”

He said when he asked Franklin about the position of the wood-stove’s door later on in the interview, Franklin responded, “Might have left the door open to get a draft.”

According to Ferrarese, the testimony from Winton on direct is approximately half over, and the rest is expected to come out tomorrow morning.

Read more about the murder trial in Monday’s edition of The Evening Sun.

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