Oregon Department of Justice Challenges Frank Gable’s $2 Million Compensation Claim in Wrongful Conviction Case

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Written By Blue & Gold NLR Team

 

 

In the latest update on Frank Gable’s wrongful conviction case, it’s clear that the Oregon Department of Justice ODOJ is making it extremely difficult for people seeking compensation to get it. Gable, who was wrongly convicted for the 1989 murder of Oregon Corrections Director Michael Francke, served nearly 30 years in prison before his conviction was overturned. His record was cleared, meaning he cannot be tried or arrested again for this crime.

In November 2023, Gable filed a civil suit in Marion County Circuit Court, seeking $2 million in compensation under a 2022 Oregon law. However, ODOJ opposed the suit, claiming Gable hasn’t proven his innocence as required. Critics testified in a February 2024 Senate hearing that ODOJ is contesting over 90% of such cases and delaying proceedings.

During an August 2024 status conference, ODOJ attorneys reported issues with processing 200,000 pages of records from Gable’s case. They couldn’t estimate how long it would take to review these records. Gable’s attorneys are frustrated because ODOJ has not yet obtained all relevant documents from the Oregon State Police, leading Judge Lindsay Patridge to suggest that the attorneys might need to request these records directly.

Previous hearings held on February 27, April 22, and June 11 had not resolved any issues or set a trial date. Another status hearing is scheduled for September 24.

Meanwhile, Gable’s attorneys have filed a federal suit against 24 law enforcement officials, alleging they framed him for Francke’s murder. The lawsuit, filed on July 11 in Eugene, claims these officials fabricated evidence and coerced false testimony against Gable.

Francke was found murdered in January 1989. Gable, a local methamphetamine dealer, was convicted in 1991 and sentenced to life in prison. His conviction was overturned after evidence showed that key witnesses had been coerced and that another suspect had confessed to the crime.

On April 18, 2019, U.S. District Magistrate Judge John Acosta ruled that Gable’s trial was unfair and ordered his release or a new trial within 90 days. The Oregon Department of Justice appealed, but the U.S. 9th Circuit Court of Appeals and later the U.S. Supreme Court upheld the ruling. In May 2023, the indictment against Gable was dismissed with prejudice.

Gable was released from prison during the federal appeals process and now lives in Kansas with his wife, Rain, where he has been working and staying out of trouble.

 

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