Franco lawyer allowed to make flight argument
Olga Franco's lawyer Manuel Guerrero will be allowed to argue in court Franco's boyfriend Francisco Sangrabriel Mendoza left the Feb. 19 fatal Lakeview School bus crash because he was the driver of the van that hit the bus, based on an order filed this week by Judge David Peterson.
Peterson ruled Guerrero may argue flight as evidence of consciousness of guilt as part of Franco's defense in her trial.
Franco is charged with four counts of criminal vehicular homicide in the Feb. 19 fatal Lakeview School Bus crash. Franco is also charged with multiple counts of criminal vehicular injury.
The complaint alleges Franco was the driver of the van that went through a stop sign and hit the school bus on Feb. 19.
Guerrero has said Mendoza was the driver. Guerrero has said Mendoza left the crash site and is no longer in Minnesota.
Mendoza is not in custody and it appears neither law enforcement nor the defense lawyers are searching for him. Mendoza's alias is Samuel Rivera Melendez, authorities have said.
Franco's trial is scheduled to start in Kandiyohi County District Court in Willmar on July 28.
In a related order, Peterson ruled Guerrero can introduce evidence of an alternative perpetrator in the trial.
Peterson said in his order Franco has said Mendoza was the driver of the vehicle and the record indicates Mendoza was the registered owner of the van. An Immigration and Customs Exchange official agent testified in court May 15 he had learned there was a person described as Franco's boyfriend or husband in the van, and a potential witness has said he picked up a person who he knew as Samuel near the crash site. Those are reasons to allow evidence of an alternative perpetrator, Peterson said in his order.
- Rae Kruger
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Ken1955
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07-18-08 6:51 PM
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2 points- Defense needs to prove nothing, their task will be to establish that reasonable doubt exists as to who was driving. The burden of proof lies with the prosecution. Franco will not be released if there is no conviction on State charges. She's facing 6 Federal counts in the areas of identity theft, false representation of a Social Security #, and false documentation for employment eligibility verification. A detainer is in place and she would immediately be transfered into Federal custody. If earlier news accounts are accurate the boyfriend apparently went to the Twin Cites, then on to Chicago, and from there unknown. I would assume there is some basis behind those reports, but the reports didn't provide that basis. There are warrants in place for his arrest, reports didn't say whether those were for State or Federal matters. Federal I assume, if there are State warrants in place then the state is looking for him, contrary to what's suggested in the article here.
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rangeral
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07-18-08 5:42 PM
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I don't know how Guerrero will prove anything without having the boyfriend testifying in court. He could also argue that Smurfs were driving the van or possibly illegal aliens. The State of Minnesota has something to answer for if in fact the van was registered to an illegal alien. Who's paying for the lawyer?
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ZorroW
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07-18-08 4:39 PM
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Maybe Franco's lawyer was driving the van!
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Bonnie
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07-18-08 3:58 PM
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Whatever happens, it won't bring the children back. It now belongs to the judge and jury, let them do their job, and bring this to a close. Our communities and the families have suffered enough.
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Amanda
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07-18-08 3:27 PM
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I wonder if the person who supposedly picked up her boyfriend happens to be related to her, or is a friend that knows such testimony could allow her to walk? As for her boyfriend having fled - he's likely somewhere in MN, using another false name. He didn't run and hide because he was driving, he simply doesn't want to get deported. If she walks, they'll let her go until her court dates for the immigration stuff comes up...by then, she will have obtained another false ID, and be back with her boyfriend.
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