An Anna Maria home health provider is no longer facing any charges.
Assistant State Attorney Lisa Chittaro filed court documents dropping the second of two elderly abuse prosecutions against Jo-An Franklin Feb. 24. The case was set to go to trial Feb. 23-March 6.
The state brought the case in August based on interviews and affidavits from Franklin’s son, his wife and the victim. The state alleged Franklin battered a woman older than 65 in March 2014 in her home in the 100 block of Hammock Road.
Chittaro explained in a memorandum that the complainants contradicted statements made in depositions.
Chittaro’s memo also stated that the alleged victim appeared confused and disoriented in a videotape provided by the defense, and appeared coached in her deposition. She concluded the state was unable to prove a battery beyond a reasonable doubt.
Assistant State Attorney Dickey Hough dropped a similar case against Franklin earlier this month.
Franklin’s attorney, Henry Lee, said he believed Franklin’s son was the reason the state first took the case.
Lee was unavailable for comment Feb. 27.