The case of an elderly caregiver accused of abusing and neglecting a 95-year-old Holmes Beach man is heating up with four defense motions set for hearing Nov. 4, after press time for The Islander.
Sarasota attorney Henry E. Lee, representing Jo-An Franklin, 68, is looking to dismiss the first of two cases filed earlier this year in 12th Judicial Circuit Court against the same Anna Maria home health care worker.
In his motion to dismiss, Lee claims the depositions he’s taken failed to uncover any alleged abuse or neglect and that his client cared for the victim between 2012 and 2014.
Seventeen depositions were scheduled in September, according to court records.
In addition to the dismissal motion, the defense attorney filed motions for particulars and for certain evidence to be suppressed. He also filed a motion to determine whether a state witness is exchanging testimony for a plea.
The motion seeking specifics alleges the crimes occurred April 1-April 10, and asked the state to identify “the place, date and all material facts which constitute the crimes charged.”
In Lee’s motion to suppress evidence, he seeks to exclude “illegal wiretaps,” oral intercepts by a state witness, which he alleges is a third-degree felony.
A Holmes Beach Police Department investigation referenced the witness statements in the probable cause affidavit.
According to the affidavit by HBPD Officer Joel Pierce, Franklin tied the victim to a bed, threatened to break his bones, roughly manipulated his body and pulled his hair to get him to sit up. The affidavit also stated Franklin refused to take the man to the doctor for his three fractures in February.
Franklin defended her actions, saying they were to protect the elderly man with a broken hip from getting hurt, according to the affidavit.
Franklin pleaded not guilty to two third-degree felony charges in connection with the elderly man following her April 10 arrest.
In another case filed on charges by the Manatee County Sheriff’s Office, Franklin faces a felony battery charge relating to an elderly Anna Maria woman. Franklin pleaded not guilty to the charge in August, and is represented by Lee in that case.
Phone messages left for Dickey Hough, the assistant state attorney handling the cases, were not returned by press time.
Franklin posted a $1,500 bond for each case.
Lee’s motions in the first case were to be heard by 12th Circuit Judge Charles E. Roberts at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.