A judge’s ruling will eliminate illegally taped statements from the first of two cases against an elderly Anna Maria caregiver accused of abusing clients.
Holmes Beach Police Department arrested Jo-An Franklin, 69, of Anna Maria, in April for the alleged neglect and abuse of a 95-year-old Holmes Beach man, and re-arrested her in August on a battery charge against an Anna Maria woman.
Franklin was released from jail on two $1,500 bonds, and pleaded not guilty on all charges.
Twelfth Judicial Circuit Judge Charles E. Roberts ruled Dec. 17 to keep out the statements “because they were illegally obtained,” said Henry E. Lee, Franklin’s attorney, who’d filed a motion to suppress the evidence.
According to Lee’s motion, Cynthia Franklin taped conversations without the home health worker’s consent or direction from law enforcement. The conversations were allegedly taped while the two worked together, taking care of the alleged victim.
The judge also ruled in favor of two other defense motions.
In a motion concerning the taped statements, Lee claimed the prosecution must divulge any special treatment given in exchange because making them constituted third-degree felonies and Cynthia Franklin had not been charged.
Lee said the assistant state attorney advised the court he had no knowledge of such treatment, and the judge ordered future disclosures if the prosecution learns of any.
The judge also granted Lee’s motion for a bill of particulars.
“I’ve taken depositions and I can’t determine what the heck they’re accusing her of,” Lee said, adding the prosecutor will need to provide more facts.
Assistant State Attorney Dickey Hough filed a traverse to Lee’s motion to dismiss Nov. 3 that pointed to facts, however, that refuted similar contentions. Hough did not return calls for comment on the Dec. 17 hearing before press time.
The next court dates for the two cases against Jo-An Franklin are set for docket sounding Feb. 11 and for trial Feb. 23 before 12th Judicial Circuit Judge Diana Moreland at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.