A traverse has countered a motion to dismiss in the case of an elderly caregiver accused of abusing and neglecting a 95-year-old Holmes Beach man.
Jo-An Franklin, 68, a home health care worker, is charged in two cases involving Anna Maria clients.
Henry E. Lee, Franklin’s attorney, filed four motions earlier this fall, including a motion to dismiss based on a lack of evidence of abuse or neglect in depositions, and set a Nov. 4 hearing.
Addressing the motion to dismiss, Assistant State Attorney Dickey Hough filed the traverse Nov. 3 that pointed to specific testimony that refutes Lee’s claims.
“He didn’t include all the facts in the motion,” Hough said, adding the traverse is the decision-maker and that motion won’t be heard the judge.
Lee, however, said his motion to dismiss was also continued.
Three other defense motions — seeking a statement of particulars, the suppression of illegal wiretaps as evidence and to determine whether a state witness is exchanging testimony for a plea — were continued until Dec. 17.
Franklin cared for the victim between 2012 and 2014.
Following her April 10 arrest, she pleaded not guilty to two third-degree abuse and neglect felony charges.
In another case, Franklin faces a felony battery charge relating to an elderly Anna Maria woman.
Franklin pleaded not guilty to that charge in August, and is represented by Lee.
Franklin was released from jail on two $1,500 bonds.
Lee’s motions in the first case were set for 3 p.m. Wednesday, Dec. 17, before 12th Circuit Court Judge Charles E. Roberts at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.