Mobile Version: mobile.Marshallindependent.com
RSS:
Marshall Weather Forecast, MN
Member Login: Email: Password:
Search: Local News Classified Web
News  Obituaries  Blogs  Local Sports  Sports  Communities  Ads  Jobs  Special Sections  CU Galleries

Franco lawyers file motion for acquittal

By Rae Kruger
POSTED: September 4, 2008

MARSHALL - The lawyers for Olga Franco, the woman found guilty on Aug. 6 of driving the van that hit the Lakeview school bus in a Feb. 19 fatal crash that killed four students, have filed a motion for acquittal and/or new trial.

A jury in Kandiyohi County District Court on Aug. 6 found Franco, who lived in Minneota when the crash happened, guilty of 24 charges, including four counts of criminal vehicular homicide.

Franco said during the trial she is an illegal immigrant from Guatemala and she is facing federal charges related to identity theft.

Franco's lawyers, Manuel Guerrero and Neal Eisenbraun, filed an 85-page document in Lyon County District Court on Friday, but the documents weren't readily available until Thursday. The Minnesota State Court system sent an e-mail notice about the motion Thursday.

The jury's decision was wrong, the motion and documents said.

Guerrero and Eisenbraun said in the motion the evidence is more supportive of Franco not driving the van and of her boyfriend Francisco Mendoza being the driver.

The motion and supporting documents are critical of Lyon County Attorney Rick Maes' conduct during the Franco trial which started July 28 and ended Aug. 6.

Maes was at a county attorney's conference and was not available for comments on Thursday, his office said.

A new trial is needed "in the interest of justice, for surprise, the verdict is not justified and for prosecution misconduct," the motion documents said.

Maes "repeatedly elicited improper testimony from its witnesses on the ultimate issue despite multiple admonitions by the court (Judge David Peterson) that the prosecution must adequately instruct the state's witnesses not to do so."

The prosecution also withheld information about several witnesses, and one result was one witness was not available, Guerrero and Eisenbraun said in their motion.

Gail Maus, a witness who testified for the prosecution, said in court her brother was in a better position to see the driver of the mini-van that passed Maus' vehicle on Lyon County Road 24 the day of bus crash, the motion documents said. But the defense had no indication the brother was a possible witness until Maus testified in court and the brother had not been summoned to court by the prosecution, the motion documents said. The brother had left for Colorado during the trial, the motion documents said.

Maus testified when she came upon the crash almost immediately after it happened and locked eyes with Franco, who was in the driver's seat of the mini-van, she said. Maus said her car clock read 3:33 p.m. at the scene of the crash and she saw no one else near the mini-van.

Guerrero and Eisenbraun also refer to the testimony of Minneota Police Officer Ben Standahl, which they said was a "surprise" at the end of the trial when he was rebuttal witness.

Standahl testified he saw Franco driving the mini-van several times on the street that passes the school and turns into a county road outside of Minneota at about 3 p.m. on weekdays while he was on traffic patrol.

Franco had testified during the trial she had never driven the mini-van in Minneota or elsewhere.

Guerrero implied that Standahl was lying in his testimony during the trial.

The motion documents said Standahl's testimony was suspect.

At one point during the trial in a conference at Peterson's bench, Eisenbraun had made a motion for a mistrial based on witnesses for the prosecution calling Franco the driver of the mini-van, the motion documents said.

But after discussion, Eisenbraun withdrew the motion and said, "it's withdrawn because we want to get this done," the motion document said.

The motion also references the bus crash victims and the victims' families.

"No reasonable person can fault the families for believing the jury's decision was right and just," the documents said, but, "they will not fault the court for rectifying this verdict's injustice."

Member Comments
View Comments: | 1-25 |26-50 |51-53 | Post a comment
10point
09-22-08 6:07 PM
if androcles knows so much about this why didn't he speak up during the trial.instead he waits until after an appeal had been filed to start with all these theories which is all they are

androcles
09-15-08 12:31 PM
Google Pictures have some terrible examples of real accidents between minivans, hummers and school busses. Anybody needs a link to see them?

androcles
09-11-08 11:47 PM
***********mncourts.gov/district/0/?page=3165

JasonsStorm
09-11-08 6:21 PM
So should we call you Guerrero or Eisenbraun, or one of their associates. That is why androcles, hasn't been here before. How did you get the "court transcript", because a simple search, doesn't return anything. Oh you must have it your hand as you are typing, thats it. I did google the crash pictures and there isn't an over head picture of the crash, so you can't say for certain on the impact. The one thing that is certain in pictures, is that the axle did tear away on that side of the bus. The case rested on the phsyical facts, and a jury, saw through the crap, and made a correct decision. You should be ashamed, trying to get your client off, and trying to put the familes through more of this.

EmptyPockets
09-11-08 11:46 AM
Thanks, your answer told us all a lot more than you realize.

androcles
09-11-08 11:09 AM
Good question Mr. Pockets:

In my World there is no sky. It is covered by an atmosphere of mainly nitrogen and oxygen that filter the light from our close star making everything look in the following frequency: 450-495 nm. But our brains do have the capability of filtering this predominant frequency allowing a relative rich view from 380 nm to 750 nm. It was actually the observation of our sky that helped some of our best minds discover the theory of relativity, without said effects the sky would look like one continuous and perfect light. That is the effect of having a star upward in every direction of our planet. It was the same person that enlightened us with what we call the Universal Laws of Physics that first spoke of the relation of time and space but his inability to access scientific instruments forced him to discard his curiosity in this matter. It took our kind another 200 years to properly start to understand these Universal Phenomena.

androcles
09-11-08 11:00 AM
Good question Mr. Pockets:

In my World there is no sky. It is covered by an atmosphere of mainly nitrogen and oxygen that filter the light from our close star making everything look in the following frequency: 450-495 nm. But our brains do have the capability of filtering this predominant frequency allowing a relative rich view from 380 nm to 750 nm. It was actually the observation of our sky that helped some of our best minds discover the theory of relativity, without said effects the sky would look like one continuous and perfect light. That is the effect of having a star upward in every direction of our planet. It was the same person that enlightened us with what we call the Universal Laws of Physics that first spoke of the relation of time and space but his inability to access scientific instruments forced him to discard his curiosity in this matter. It took our kind another 200 years to properly start to understand these Universal Phenomena.

EmptyPockets
09-11-08 8:42 AM
Quick question for you Androcles. What color is the sky in your world ?

androcles
09-11-08 1:49 AM
I apologize for not sending you a picture (issues with CR). Just Google: Franco School Bus Accident and you can see plenty of pictures of the right side of the bus.

You will confirm the absence of the damage necessary to justify your theory.

androcles
09-11-08 1:32 AM
Sorry, I just saw your comment.

This information comes from the court records only.

If it helps, I do feel very sorry for Mr. Dennis Devereaux. He comes across like a good person. Actually it is what he said and what he omitted that gave the most clues to the truth.

I just hope he is not dragged into something horrible.

androcles
09-11-08 1:25 AM
Continues with Franco’s statement:

And then the translator volunteers the following without being asked:

Line 145 Interpreter: Inaudible. No, she already say (inaudible) at the hospital. She had her seatbelt and that’s probably why her chest hurts, yeah know, because the seat but (inaudible).

Note: This information was not requested or obtained from Franco. It was proven later that Franco did not have a seat belt on.

According to Franco the bus came on to her and hit her when she was standing still. It makes perfect sense if the axel assembly of the bus hit the van in the front right area, demolished only the front of the van and impacted it with the necessary force to rotate it clockwise for 270 degrees approximately.

At this point we need to assess who was more traumatized, the “poor” bus driver or Franco?

I have proven to you that the translator had zero integrity, confirmed by her own words.

Yes, I will never compare, I just try to follow but is very, very h

androcles
09-11-08 1:21 AM
Continues with Franco’s statement:

Line 127 Interpreter: after she did the stop, the bus came on to her

Line 129 SP 307: Okay

Line 131 Interpreter: and hit her. That’s what she said. That’s how I know. I told you.

Note: according to Franco the bus came on to her and hit her when she was standing still. It makes perfect sense if the axel assembly of the bus hit the van in the front right area, demolished only the front of the van and impacted it with the necessary force to rotate it clockwise for 270 degrees approximately.

Continues up

androcles
09-11-08 1:03 AM
From the Statement taken from Alianiss Nunez Morales (Franco): February 19, 2008 at 19:15 Hours Please note that Franco suffered injuries and was given pain killers. This statement was taken 1hr 23 minutes before the Bus Drivers Statement.

Line 65 SP 307: Okay. Can you ask her where she was going? Line 67: Interpreter: Ah. She was on her way to work through, I mean, sir. She already told me. She already told me she was on her work to cab, cabinetry.

Note: Every time the interpreter translated a question there are two lines of “Inaudible”- probably words spoken in Spanish. Line 67 does not have said lines and therefore as it is quite obvious it was the interpreter that made the statement and not Franco.

Line 106 Interpreter: I was driving to cabinet. At the beginning, she told me I was driving (Again the interpreter is placing words and not translating) ……………………………

The entire case rested on this hearsay statement by the translator.

Continues up

JasonsStorm
09-11-08 12:42 AM
You are truely shameless. The bus driver is clearly tramatized, because his "kids", have been severely injured and killed. Number one thing on his mind after the accident, is to get all of the kids off the bus. He is a hero, I'm sure to many of the Lakeview parents, because he showed concern for all those kids, which is something Olga Franco, clearly has none of. Besides, where do you get all of your "info". Its not on the website.

androcles
09-11-08 12:42 AM
Now, it is the Trooper that brings in the gray pickup and adds the fact that the bus landed on it.

Line 125 DD: “I assume we got booted around and it plowed into the other side of the bus.

Note: Here we must consider that the bus driver is speculating again. The fact is that he only felt ONE impact and then speculates about the other vehicle. But please note that he never confirms which vehicle hit him.

The rest of the Statement continues to be erratic and contradictory until he describes the children, then we observe that his language was firm and comfortable.

There is another major contradiction in DD statement regarding the engine, but we still do not have all the pertinent information.

Continues up.

androcles
09-11-08 12:31 AM
Continues:

From the Bus Driver statement (2/19/2008, 20:43)

Line 56:

DD-“I had no idea that that car (he had just referred to the red van before, changing to car) or that, I mean, obviously it was coming

Line 58: SP 307: Uh, Huh ( an intended interruption by State patrolman Dana Larsen-

The statement does turn completely incoherent and out of time sequence.

Line 115 SP 307: Okay. Do you have an idea where that van hit your bus at or?

Line 117 DD: I don’t know for sure. I never looked at the bus but.

Note: here the bus driver states that he does not know about the impact and as he is going to clarify the Trooper interrupts with:

Line 123 SP 307: Do you recall me? UM. Do you know where this other pickup came from that yeah landed on?

Note: Why does the Trooper ask if he is remembered, this is line 123 well into the statement and obviously long after the initial interview. Now, it is the Trooper that brings in the gray pickup and adds the fact that the b

JasonsStorm
09-11-08 12:15 AM
The reason why you don't see the damage on the right side, is because they didn't take a picture of it, while being on top of it. Bus is taller than the photographer. I saw a aerial photo of it on the news way back then, and there is damage on the right side. Other pictures of the accident show the axle detatched from the right of the bus, but is still attached to the left side. Its too bad, the independent, doesn't have them anymore, for all of to show you, you are wrong.

androcles
09-11-08 12:02 AM
Dear Storm:

Very interesting theory, but the bus center of gravity of the bus is much higher than the axel. In a cross sectional view by finite elements your appreciation might be right, but that would be limited to a few fractions of an inch before and after the axel. The main body of the bus with its mass will change the moment of inertia in a vertical plain considerably above the transversal axis of the axel.

For your interpretation to be correct we would need two basic conditions: 1 Damage to the bus body on the right above the wheelbase. 2 The bus body would have deformed in a boomerang shape pointing towards the left.

Facts: 1 There is no damage to the body of the bus on the right side 2 The bus body was deformed pointing to the right side.

WRONG SIDE

If I have misinterpreted your appreciation of the facts please elaborate. I will appreciate all the help I can get to understand this most complicated accident and thank you.

Continues up.

JasonsStorm
09-10-08 10:16 PM
[Continued from below] Also, how could you attack the poor bus driver in the accident? I am sure he is very tramatized by the events of that day. Surely, he needed to be "coached", because otherwise, I'm sure he would of broken down on the stand, reliving those horrific events. I know the person who translated, and I know, she wouldn't compromise her intergity, to mistranslate anything. Just another excuse by the defense. The defense witnesses, where all covering, with bogus excuses. I wish I would of heard Maes ripping them apart and exposing them. A carpenter once did move mountains, but you'll never compare.

JasonsStorm
09-10-08 9:57 PM
androcles, even looking at the pictures (NOTE: I WAS NOT THERE), the bus tipped over on its LEFT SIDE onto the truck, the impact was on its RIGHT SIDE. The axle dislogged on its RIGHT SIDE. The bus was traveling south on 23, because school just got out and Cottonwood, is north of the accident. The intersection is not at a 90 degree angle, more a 30 degree, which is how the van hit the bus. Reports are that the van ramped the train tracks, so it likely hit at or above the buses' center of gravity, on the axle. Besides ramping train tracks, you have to have a good rate of speed to do that, so it would be fair to say she was going at least 50/60 mph. No matter how strong a bus is, the momentum, and force associated with the van, could easily knock it on its side. I'm no master in Physics, which you clearly aren't, but any idiot, with a slight understanding of Physics, can clearly understand how it happened. [COntined up above]

androcles
09-10-08 11:30 AM
Some carpenters have been known to move mountains.

androcles
09-10-08 11:27 AM
Dear 10:

At first I was most discussed with the defense in the case and highly critical.

It was later pointed out to me that their procedure was correct. Their duty was to defend Franco and that is what they did. Apparently there was something far more profound in this case as events unveiled but it then was too late to do anything about it.

I am sure that the defense will be far, far more prepared this time around.

I think that the families of the victims will be the most interested in finding the truth.

10point
09-10-08 11:09 AM
if things are the way you say they are,,then her defese did not do their job.Maybe instead of being a carpenter if that is what you are,you should get a job recreating accidents,think

androcles
09-10-08 10:51 AM
And again, there is no evidence of this impact in the van.

WRONG SIDE

androcles
09-10-08 10:50 AM
Dear 10:

You are so coherent! Everybody that was present at the seen of the accident came to the same conclusion. The rest of the World does not believe you. See, there are these rules or Laws of Physics that rule the visible Universe, except in Cottonwood.

Had the van hit the bus anywhere else but the axel, the damage to the van would be at the windshield level, probably decapitating the passengers, but the windshield was still in place (broken, but in place). Had the van hit the axel as claimed the axel would be dislodged to the direction of travel of the van, the left side of the bus. But the pictures place it on the right side.

You said: “the van hit just ahead of the axle tearing the body off of the axle that is why the axle was on the side of the van.” In order for that to happen, the bus would be deformed like a boomerang pointing to the left side, but the bus body was deformed, yes, but it points to it’s right side. And again, there is no evidence of this impact i

You must first login before you can comment.
Existing Member Login
Not a Member?
Create a Member Account  
*Your email address:
*Password:
    Forgot Password?
  Remember my email address.
News  Obituaries  Blogs  Local Sports  Sports  Communities  Ads  Jobs  Special Sections  CU Galleries