Mother accused of murder admits to neglect and burning body

NORWICH – A mother accused of killing her adopted son pleaded guilty to manslaughter in Chenango County Court Tuesday.

Heather Franklin said the couple's adopted son had unintentionally died after she and her husband left him tied to a bed for several hours without care. She said the couple then set fire to their home to cover the death up.

Heather Franklin, 34, of Guilford pleaded guilty to first-degree manslaughter, a class B felony, third-degree arson, a class C felony, and tampering with physical evidence, a class E felony.

According to Chenango County Court Judge Frank Revoir, Jr., Franklin could have served 25 years to life in prison if convicted on the second-degree murder charge at trial. Revoir said a significant aspect of the plea agreement revolved around the recent conviction of her husband and co-defendant, Ernest Franklin.

He said as part of the plea deal in this case, Franklin will receive between 7 and 11 years in prison with 10 years of probation. He added that Franklin would be required to sign a waiver of appeal, severally limiting her ability to appeal the plea deal in the future.

During her husband's trial, prosecutors said at around midnight on March 1, 2017 at their home at 457 State Route 8 in the Town of Guilford, Franklin worked with her husband to kill their 16-year-old disabled son Jeffrey Franklin and burn the evidence.

As part of her plea deal, Franklin was required to testify about certain aspects of the crime, and during that testimony she didn't say anything about killing her adopted son.

She said she worked with her husband to tie the hands of Jeffrey Franklin over his head onto the bed in his bedroom, left the house for several hours, and when they came back he was still restrained. She added that when they went to untie him, they discovered he was dead.

"Did you then untie Jeffrey, change the position of his body, and proceed to set the home on fire and absent yourselves from the scene?" asked Revoir.

Franklin responded that she did.

She said they came up with the plan with together, and had left the house to make it look like Jeffrey had accidentally died in the fire.

District Attorney Michael Ferrarese also discussed some of the evidence that would have been presented if this case had continued to go to trial.

"Witnesses would have testified about this defendant's mistreatment of Jeffrey up until his death," said Ferrarese. "We would have presented evidence that the defendant and co-defendant absented themselves from the scene of the crime, and we would have provided testimony from two expert witnesses that said Jeffrey died before the fire."

Ferrarese said he believes Franklin would have been found guilty beyond a reasonable doubt if the case had gone to trial, but that this plea agreement serves justice as well.

Defense Attorney Michael Trosset spoke on his client's behalf and said that she has taken responsibility for her actions.

"My client has taken responsibility for her actions and is ready to accept her punishment," said Trossett.

Court officials discussed if she should be remanded until her sentencing. According to the Chenango County Court, Franklin was originally released from jail after posting $90,000 bail.

"You've given me no reason to believe you'll flee, you've left the state several times and each time you've returned," said Revoir. "This matter has to be postponed until a later date for sentencing, and in the interim you'll continue to be released so you can get your affairs in order."

He said Franklin has a young baby that her parents have agreed to take care of, and other duties or obligations she'll need to address before her sentencing.

"On April 15 at 9 a.m. you're required to surrender yourself," said Revoir. "If you fail to surrender yourself, then I'm not longer bound by the agreement, and you could face a higher prison sentence."

Franklin's sentencing date was tentatively scheduled for 9:30 a.m. on June 7 in Chenango County Court.

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