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THE HUNTLEY HEARING Since Mr. Miles was unable to represent me, he introduced me to defense attorney, Mr. James R. McGraw, a former partner of his from Syracuse, NY. The family, Mr. Miles and myself met with Mr. McGraw. He said he would take the case and so we hired him as our defense attorney.In October 2001, a Huntley Hearing was held to determine whether the statement I signed in December 2000, could be used in the trial. At the time of my arrest, as mentioned before, I did not have my insulin with me; nor did I have my blood pressure pills, which I am to take every 12 hours. I also had had nothing to eat since lunch; and I had a number of prescriptions that needed to be refilled. So the detectives had me call in my prescriptions from the police station to my pharmacist; and my sister and father brought my insulin out to the jail. I was kept in the infirmary of the jail to watch my sugars, as I'm prone to low sugar attacks. The Prosecution thought this would be my defense for signing the statements. Ms. Intschert first called the pharmacist I talked to and asked if I was coherent in calling in my prescriptions, and he stated that I was. My attorney, Mr. McGraw, did not ask the pharmacist any questions. (My attorney had no intention of using this as a line of defense.) He focused more on the detectives and the methods they used in questioning me and "tricking" me into signing the statement. After the pharmacist, three detectives were put on the stand and questioned by both attorneys. First, was Detective Paul Lazarus questioned by the D.A. She questioned him regarding my medical condition and his response was that I was fine. Then she questioned him about my concern for the children and their mother and his response is that I showed no concern at all. Her last line of questioning had to do with whether my rights had been read to me, which they were, and I denied representation. Mr. McGraw cross-examined Detective Lazarus. He asked Detective Lazarus why it was explained to me about manslaughter and criminal neglect, but not about depraved murder? There was no coherent response. He then questioned him about why I wasn't taken into an interrogation room where there were cameras and/or a tape recorder. Detective Lazarus hesitated and Mr. McGraw asked him if he had heard of a tape recorder? It was very apparent that Detective Lazarus was very nervous, shifting in his chair and drinking lots of water; but he had no response so Mr. McGraw just turned and went back to his seat saying he had no more questions for this witness. Next was Detective Kenneth Dence whose testimony went much the same as Detective Lazarus'. The third was BCI investigator, Patrick Hathaway. Detective Hathaway sat with me while the signed statement was brought to the D.A.’s office. The D.A. questioned Detective Hathaway about my demeanor during the time he was with me. Again, questioning my coherence; and Detective Hathaway had nothing more to say or to add. It was later ruled that the statement could be used in the trial.
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People vs Frank.htm Nine_Years_Later1.htm Interrogation.htm While_In_Jail.htm Protector_Of_Children.htm HuntleyHearing.htm
Trial.htm Verdict.htm Looking_Back.htm The_Present.htm
