Convicted killer
wants new trial
♦ SALEM — Frank Gable might
not have been convicted of
killing Oregon’s corrections di
rector in 1989 if DNA testing had
been used, Gable’s attorney ar
gued today while seeking a new
trial for his client.
“This is a very weak case,”
said the attorney, Ken Hadley. “It
would have taken very little to
change the outcome of this trial.”
But an Oregon assistant attorney
general, Stephanie Andrus, said
there are doubts whether such test
ing was sophisticated enough at
the time or whether there was
enough evidence to be tested.
Hadley is seeking to show that
Gable’s attorneys didn’t give him
an adequate defense. If Circuit
Judge Frank Raguen agrees, he
could grant Gable a new trial.
Hadley said there is no scientif
ic evidence linking Gable to the
crime, such as fingerprints, and
that the only person who identi
fied Gable as the killer was a man
involved in the drug world whose
testimony was “very shaky.”
Gable contends he is innocent,
and members of the Francke fam
ily believe him.
“Frank Gable, in my humble
opinion, didn’t commit the
crime, and he shouldn’t be in jail.
I think he got a bum deal,”
Patrick Francke, Michael
Francke’s older brother, told the
(Salem) Statesman Journal.
Michael Francke, 42, was
stabbed in the heart the night of
Jan. 17,1989, in the parking lot in
front of the Corrections Depart
ment’s headquarters.
At the time, Francke’s relatives
said he was about to root out
criminal activities in the Correc
tions Department.
No motive for his murder was
established. Prosecutors theo
rized that Gable stabbed the pris
ons chief when Francke caught
him burglarizing his car.
Marion County District Attor
ney Dale Penn is adamant that
Gable was the killer and that he
got a fair trial.
Gable contends that lead de
fense lawyer Robert Abel was
drunk at the trial and failed to
present an alibi defense asserting
that Gable was not at the correc
tions agency’s headquarters
when Francke was killed..
Patrick Francke disagreed, say
ing that Gable “got pqor represen
tation, very poor representation.
Frank Gable should get a new tri
al with a competent lawyer who
would present a proper defense.”
“It’s very disturbing, to be quite
honest with you,” Patrick
Francke said, referring to Gable’s
murder conviction and life sen
tence without parole. “I don’t
think Frank G&ble is the greatest
guy in the world. He had a lot of
faults, but I don’t think he was a
murderer. I don’t think he’s wired
up that way.”
Gable’s guilt will not be at is
sue during the post-conviction
proceeding. His bid for a new tri
al hinges on whether he received
an adequate defense.
Gable, now 40, is housed in a
cellblock reserved for inmates
who fear being preyed upon by
other inmates.
The Associated Press
Student prankster
hires famous aeent
POWERS — The high school
valedictorian who sneaked into
the boys’ locker room and show
ered with five boys as a senior
prank has turned into such a
celebrity that she’s hired an agent
— who is now threatening a law
suit against the school.
David Hans Schmidt, who once
represented figure skater Tonya
Harding, said he signed a contract
Monday with 18-year-old Leslie
Shorb to act as her agent and pub
licist.
As punishment for last month’s
shower stunt, officials at Powers
High School denied Shorb the
honor of being valedictorian of
her 16-member class and deliver
ing a speech at graduation, sus
pended her for 10 days, and pro
hibited her from going to the prom
and the senior trip to Mexico.
Schmidt said he wants to per
suade school officials to restore
Shorb’s valedictorian title and allow
her to speak at graduation June 2.
“We’re not advocating that high
school girls across America jump
into the showers with boys — or
vice versa — but this was just an
envelope-pushing incident and
that’s all,” Schmidt said. “It was
all in good fun and ranks up there
with senior skip day or putting
toilet paper over the principal’s
tree. It was about as innocent as
you can get.”
Schmidt said school officials
were unwilling to work on the is
sue when he talked to them Mon
day morning, so he has begun
preparations for a lawsuit against
the school — alleging the punish
ment was too severe.
Carla Blanton, the school board
chairman, declined comment.
“We have no comment on stu
dent discipline and student
records,” she said.
Shorb’s mother, Rhonda Shorb,
said the family decided to hire
Schmidt because they were over
whelmed by the publicity her
daughter received. The daughter
has appeared on national television
and is still getting calls for inter
views and personal appearances.
“We didn’t know what to do. We
just needed someone to help out. It
wasn’t going away — and it was
taking over our lives, ” she said.
Shorb’s 10-day suspension end
ed Monday, and she planned to re
turn to school Tuesday. Rhonda
Shorb said the shower incident
was a spontaneous prank — al
though it also prompted a debate
over how much supervision there
was in the school’s locker rooms.
Rhonda Shorb said Leslie is
worried she could lose scholar
ship money she needs to attend
Oregon State University.
Still, Hollywood is calling.
Schmidt said he will be sorting
through offers Shorb has received
to appear on television shows, in
cluding Jay Leno’s “Tonight
Show” and Montel Williams’ day
time show.
“We don’t have to coach her
much. She’s the valedictorian and
catches on quick. She’s honest
and forthright and never even had
a parking ticket violation before,”
he said. “She’s good kid who just
did something that kids do.”
The Associated Press
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