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Michael Francke /// Part 2 /// 248

November 16, 2023 / 58:27

This episode covers the murder of Michael Frankie, the trial of Frank Gable, witness testimonies, and various conspiracy theories surrounding the case.

The hosts, Nick and the Captain, discuss the details of Michael Frankie's murder, which occurred in January 1989. Frankie was killed outside the Oregon State Prison System where he worked. Frank Gable was convicted based on witness testimonies that later recanted, raising questions about the integrity of the trial.

Key discussions include the lack of physical evidence against Gable, the recantation of witness statements, and the potential involvement of higher-ups in the Oregon Department of Corrections. The hosts mention Timothy Natividad, a drug dealer who was murdered shortly after Frankie, as a possible suspect.

They also explore conspiracy theories, including the possibility that Frankie discovered corruption within the prison system, which may have led to his murder. The episode highlights doubts about Gable's guilt and the chaotic nature of the investigation.

Overall, the conversation raises critical questions about justice, corruption, and the reliability of witness testimonies in high-stakes criminal cases.

TLDR

The episode discusses Michael Frankie's murder, Frank Gable's conviction, witness recantations, and conspiracy theories about prison corruption.

Episode

58:27
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[Music] [Applause] % [Music] welcome to True Crime garage wherever you are whatever you are doing thanks
00:01:46
for listening I'm your host Nick and with me as always is a man that is sick of hearing people complain about their
00:01:52
poodles and pills he is the captain thank you thank you thank you it's good to be seen and it's good to see you
00:01:58
thanks for listening and thanks for telling a [Music] friend tonight we are drinking double
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cross brewed in beautiful Bend Oregon garage grade 4 out of five bottle caps this is a Belgian strong dark ale I love
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now and follow us on Instagram Facebook Twitter Snapchat at True Crime garage all right friends that's enough of the
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business gather around grab a chair grab a beer let's talk some true [Music] crime yesterday Captain we talked about
00:03:29
the murder of Michael Frankie who was killed January 1989 in front of the headquarters for the Oregon State Prison
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System where he worked for the Department of Corrections and we had an individual this is a known criminal
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Frank Gable who would later be convicted of that now remember they were allowed to seek the death penalty in this case
00:03:54
however they opted for life in prison without the possibility of parole and what that tells me is maybe where the
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jury couldn't find it Beyond you know the that it was beyond A Reasonable Doubt there was must have been some hint
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of Doubt right to not kill the guy to not sentence him to death uh for this murder now I want to touch upon the
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trial because what we would learn after the trial is that the prosecution relied
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on a handful of witnesses to convict Frank Gable however what we didn't know was that when these individuals were
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being questioned by police MH these individuals their stories changed repeatedly and the prosecution did not
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allow that to come out in court they did not why would they right they did not divulge the aspects of their different
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stories in court so to kind of make it nice and and clean and kind of give an example of what would be different from
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what ended up convicting this guy is that these stories they say for example three of the witnesses who testified
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against Gable had earlier told police that other people including Frank Gable had talked of killing Michael Frankie in
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the months before the quote unquote random car burglary so that would tell a whole
00:05:26
different story there then we had wait I'm confused they talked about them killing no Frankie no no no what they
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told police during the course of being questioned by the police is that other people that that there were other people
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not named in this statement but also uh Frank Gable who was later convicted that
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he and other people had talked about killing Michael Frankie months before he was actually killed months before the
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supposed random car burglary that the prosecution's theory was a random car burglary led to the death of Michael
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Frankie to be clear you're stating that these individuals along with Frank is saying we're going to kill
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him they talked about they're going to kill him so the these people that testified are stating that we heard this
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is all premeditated it's not has nothing to do with breaking into a car we had we
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heard other people including Frank Gable claim that they someone was going to kill Michael Frankie months before it
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actually happened again and like I stated yesterday I thought the motive for Frank gamble to break into a car
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didn't make a lot of sense to me okay um so then we have we we do have the people
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that did testify at court um there's going to be doubts about their testimony because later they're going to recant
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their testimony so we have jod swar she later recanted her testimony instead claiming that another drug dealer
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Timothy natividad was the murderer and then we have Cappy AKA shorty Harden in an affid
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davit executed in Iowa Harden now swears quote I did not see Frank Gable stab Michael
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Frankie then we have Dan Walsh and a new affidavit he says MH his statement wasn't true as did Kevin Walker then we
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have Michael Kier later stated that he lied when he testified against Frank Gable he said that he was seeking
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revenge against Gable for being a known prison informant then we have Janine Vera who was Gable's wife and a new
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affidavit Vera reverse' course she said phone records refreshed her memory that Frank Gable and an associate of his had
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called their apartment roughly 90 minutes before the murder of Michael Frankie she said that Frank Gable stayed
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home and talked to the man and was home until an hour or two after Michael Frankie was stabbed and I guess that
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they're basing this time of when they believe Michael Frankie was stabbed off of so-called eyewitness statements okay
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so that gives him an alibi possibly yeah but this is the same woman that says the
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complete opposite when it was when it was actually in court so here's the problem I don't know what to believe out
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of any of these characters and like you said before the circumstantial evidence in this case wasn't much it wasn't like
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a mountain of evidence MH here's the other problem remember that we we said that there was no physical evidence
00:08:56
presented against Frank Gable at the trial right there was also never a murder weapon that was located and
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presented at the trial then we have well there was one presented but it was one that the cops bought well yeah they
00:09:11
weren't claiming that was the murder weapon they were claiming this to be of the same uh model as what we believe
00:09:19
killed Michael Frankie then we have art Barger he's an ex FBI agent who led a Department of Corrections corruption
00:09:28
probe agent Barger criticized the separate state police murder investigation of Michael Frankie in a
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July 1990 interview Barger who has since passed away considered it an open question whether Frankie's death was
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engineered by a drug ring conspiracy referring to evidence that Frankie may have been carrying evidence of prison
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corruption in a briefcase adding quote knowing whether or not Michael Frankie was carrying a briefcase when he was
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murdered is so essential to the investigation said Barger quote that I cannot believe the state police did not
00:10:07
establish that fact one way or another at the outset okay so let's think about what this individual's saying he's
00:10:15
saying that at no point in the investigation did anyone prove whether Michael Frankie was carrying his
00:10:23
briefcase that day or not there's rumors because he just got out a meeting at 6:30 that he actually had these files
00:10:30
with him and then the other rumor was that after the murder within hours these files were shredded well files from his
00:10:39
office were rumored to have been shredded so the thing here is what he's pointing out is the items that we do not
00:10:45
have that Michael Frankie would have had um at some point whether it be in his office in his car on his person that are
00:10:54
missing are his briefcase and his computer all right his laptop computer right okay so these items are missing
00:11:01
the problem with that statement is well why are they missing if the police and the investigators could not establish
00:11:09
that he had those items with him at the time that he was attacked that changes things a lot because of two things we
00:11:18
have an issue where he could have been just randomly attacked yeah that somebody broke into his car for some
00:11:24
reason these two encountered each other in the parking lot and Michael Frankie was stabbed oh and then somebody within
00:11:31
his own office goes oh he's missing oh uh or he was found dead outside now's a good time for me to get rid of his
00:11:38
briefcase and his laptop computer right and it had nothing to do with the attack
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outside then there's the other situation which is the reverse that the attacker may have attacked him with the purpose
00:11:50
of not only killing him but taking that briefcase taking that laptop computer with them right and then no evidence of
00:11:58
the laptop or the briefcase is kind of evidence of that correct so we have this we have this x FBI agent who brings up a
00:12:07
very good question it's essential to the investigation to know whether he had a briefcase or the laptop with him at the
00:12:14
time he was killed and they never established that they never cleared that up and that is just murky Waters right
00:12:21
from the get-go and then we also have doubters that that talked about more a little bit
00:12:28
more about Frank G Gable okay so here's the thought that we need to keep in mind
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what is being presented as in this case are two simple things one either Frank Gable did not kill Michael Frankie or
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there's a chance that Frank Gable did kill Michael Frankie but it was also part of a larger conspiracy right that
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maybe somebody paid him to kill right Frankie so you could have a conspiracy where people conspired to kill Michael
00:12:59
Frankie and they hired somebody else or carried it out themselves or they hired Frank Gable to do it for them want think
00:13:07
about it this way we know that Frank Gable is quote unquote drug dealer and so if there's this drug um running
00:13:15
conspiracy and he's part of it then the law anybody that's in law enforcement is
00:13:22
going to go hey well look you're the you're the Fall Guy so if you don't take care of this you're the Fall Guy mhm
00:13:29
well he became the full guy either way mhm and also to be clear though too the the problem with this case is where does
00:13:39
the conspiracy stem from does it stem from somebody involved in the Oregon Department of Corrections that wants to
00:13:45
cover some things up or a higher ranking government official that wants to cover
00:13:50
up some Mis dealings or do you simply just have organized crime you simply just have criminals who work together to
00:13:58
Inspire to kill Michael Frankie right so people that point toward uh or question
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Gable's guilt suggests these couple of items they they question why would Frank Gable break into a car parked in a
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well-lit patrolled lot and he did not take the car he did not take Franky's wallet or his watch and then some
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question this I found this statement to be interesting one prison guard says quote
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Gable couldn't fight his way out of a paper bag could he have overpowered Frankie who was physically fit 6' 3 in
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tall 220 to 230 lbs right and was one hell of a kicker there you go then we have the polygraph issues that were
00:14:49
presented at fright Gable's appeal hearing this contends original incriminating testimony came from police
00:14:57
tactics that included the Relentless abuse of polygraph test we have an individual David Rasin a polygraph
00:15:05
expert who examined records in the Gable case and he said in an affidavit filed on Gable's behalf that Witnesses were
00:15:14
quote intensely interrogated pressured coerced and frightened by the angry and sometimes violent behavior of the
00:15:22
interrogators MH he said he found serious misconduct and how police poly graph examiners tested those who
00:15:31
subsequently pointed the finger at gable stating quote unethical and flawed polygraph testing procedures combined
00:15:39
with improper interrogations appear to have provided the means to shape witness statements in order to obtain false
00:15:47
testimony he said Witnesses were polygraphed repeatedly sometimes on the same day jod
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Swearingen was given 23 polygraph tests in 12 12 sessions Jesus 23 polygraph tests witness wsh we're going to make
00:16:04
you take that again witness Walsh said in his affidavit that police quote yelled at me because the polygraph
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results showed I was lying he says he quote eventually I told the police what I thought they wanted me to say that Mr
00:16:21
Gable confess to me the details of the murder Walsh said Mr Gable never confessed to me end quote all right
00:16:30
Captain here's where we need to get into some of the different conspiracy theories out there regarding this murder
00:16:38
of Michael Frankie because there's several different thoughts out there that have been presented over the years
00:16:44
well first of all everybody put on your 10 hats real quick your little foil hats
00:16:50
going into conspiracy land right right um well the first obviously being the hit um the initial investigation of
00:16:58
Frankie's death centered on parole in the area and prisoners of the state in the State Penitentiary who may have held
00:17:07
a grudge of some sort against Michael Frankie then about a month after the murder rumors and reports began to
00:17:15
surface about corruption within the Oregon Department of Corrections and the agency's possible link to Frankie's
00:17:22
murder M then in September of 1989 Oregon governor goldshmid announced Ed he had appointed retired Judge John C
00:17:31
Warden to head an independent investigation of the Department of Corrections warden's investigation
00:17:38
lasted 3 months his findings according to the final report confirmed the existence of quote significant illegal
00:17:46
activities or other wrongdoings within the department of corrections but he found no reasonable link between those
00:17:54
activities and Michael Frankie's death former State Treasurer Jim Hill does not accept the official verdict do you
00:18:03
accept that do I accept what johnc Warden says I mean I have a real hard time with the idea or the notion that
00:18:12
you're going to have this guy come in and one of the things he's supposed to do is to clean up the system and that
00:18:18
you find corruption within that system and the person that was brought in to find that corruption and to stop that
00:18:25
corruption is then murdered mhm I find that to to to have this notion that that corruption had nothing to do with this
00:18:37
individual is it's that's a weird statement to me it's tough to tough to believe it's hard pills to swallow my
00:18:46
friend and I don't know what they're basing that off of um but you know they did do an extensive investigation now we
00:18:54
do have former State Treasurer Jim Hill as I said does not accept that official IAL verdict uh believing either that
00:19:00
Gable is altogether innocent of the crime or that he or another perpetrator was a hired Hitman rather than a chance
00:19:10
car burglar so this leads us to what are the other possibilities there are several
00:19:16
theories as to who may have been the killer or Killers or who may have ordered a hit on Michael Frankie the
00:19:23
first that we need to talk about is an individual that we named earlier and that that is Timothy natividad so
00:19:30
Timothy AKA rooster natividad was a drug dealer who himself was murdered two weeks after Michael Frankie was murdered
00:19:40
the court filing said that Greg Johnson an associate of natividad's told a defense investigator that he spent time
00:19:48
with natividad around the Time Michael Frankie was killed according to the filing Johnson said he dropped off
00:19:55
natividad at the Dome building remember that's the building where Frankie worked
00:20:00
on the evening of the murder and returned later and remembered natividad saying quote it's not my blood when he
00:20:08
got into the car a few days later he went with natividad to get his payoff two men in a car possibly with Oregon
00:20:17
government license plates pulled up and one of the men handed something to natividad which this gentleman would
00:20:24
well gentleman Johnson would later in fact figure out was $20,000 in cash Johnson says that he recognized the two
00:20:33
men as State Prison officials this is what he said in a court filing so this is official documents that he put these
00:20:40
statements into now there are theories as to who may have been behind the killing and the focus is on two men high
00:20:48
in the corrections hierarchy one individual who has been named is Hoy cup the the former Warden of the Oregon
00:20:57
State penitentiary in 2007 a convicted felon gave a series of interviews to a local newspaper in which he claimed that
00:21:06
he witnessed cup and another unnamed Corrections official pay natividad $20,000 that natividad later informed
00:21:16
him it was a payment for killing Frankie cup died of cancer in 1990 another individual who's been named is Scott
00:21:24
mallister he was the Assistant Attorney General for the state of Oregon until he
00:21:29
resigned shortly before Michael Frankie's death in no relation to Kevin mallister subsequently became Inspector
00:21:36
General of the Utah Corrections Department an ex-girlfriend of mallister told the Portland Tribune that McAlister
00:21:44
had been in possession of internal police documents concerning the murder that he no longer had any official
00:21:52
reason to possess and that she had overheard mallister describe the killing as a botched hit listen to this this is
00:21:59
from a sworn statement made in 1990 by a former secretary and girlfriend of Scott
00:22:07
mallister the woman's name is Linda Parker in her statement Parker says that in July of 1989 she was with mallister
00:22:16
at a party in Utah where she worked for him in his new job Inspector General for
00:22:23
the U Utah Department of Corrections at the party mallister was joined by Oregon
00:22:29
friends who had followed him to work in the Utah prison system Parker claims mallister was trash talking Michael
00:22:36
Frankie and saying the people who had killed him were supposed to make it look like a suicide Parker said quote Scott
00:22:45
was clearly angry over the job being [ __ ] up as he put it said Parker adding that she believed mallister knew
00:22:54
quote inside information about what happened in the Frankie murder should I keep going with this one Captain cuz
00:23:01
there's some stuff here between these two ex-lovers that that it's weird right so in an interview mallister
00:23:11
called Parker a quote documented liar and said there is no truth to her statement adding the whole suggestion is
00:23:20
absurd he said Michael Frankie was a friend of mine Parker's ex-husband this is Jim dreitzler
00:23:28
also questioned Parker's credibility citing mental issues Parker had attempted suicide in late 1989 and was
00:23:36
hospitalized and diagnosed with major depression Parker's statement that has nothing to do with whether or not you're
00:23:43
telling the truth that's correct Parker's statement makes other allegations about mallister that have
00:23:50
been substantiated Elsewhere for instance Parker accused mallister of using his position to pressure her into
00:23:59
group sex and having her he was giving her Kitty porn videos to quote train her the two videotapes she turned over were
00:24:09
traced by law enforcement to mallister causing him to be charged with a child pornography felony charge ultimately he
00:24:16
pled guilty to a misdemeanor in addition a second Utah correction employee came forward saying mallister also tried to
00:24:25
pressure her into group sex causing mallister to be forced out of his Utah job okay
00:24:33
so we have an ex-girlfriend of this mallister who's an ex official in the Oregon State uh hierarchy right however
00:24:45
we do need to keep in mind mallister did resign from that position before Frankie
00:24:50
was murdered I cannot Trace back or figure out when mallister moved from Oregon to Utah saw but that doesn't mean
00:24:59
that he couldn't have had a hand in the conspiracy to kill this guy even after the fact yeah but all you have to do is
00:25:04
follow the kitty porn and you can figure that out so then we have Wayne Holm um who was later killed by a sheriff's
00:25:13
deputy during a reverse sting drug operation Holm was a former inmate in the Oregon correction system during the
00:25:21
early 1980s he assisted numerous other inmates with parole hearing presentations and had known Scott
00:25:28
mallister because mallister represented the parole and probation board during those hearings Hol had offered the
00:25:35
theory that the primary motivation for Michael Frankie's murder was that Frankie discovered a plot by Scott
00:25:42
mallister to sell parols to [Music] inmates this show is sponsored by better help do
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[Music] cheers mates cheers to you captain and make sure you check out our other show
00:28:20
off the record on Stitcher premium that's right uh let's talk about the man in the pinstripes suit Theory also known
00:28:29
as the abduction Theory the abduction theory is that Michael Frankie was at some point later brought back to the
00:28:37
scene and perhaps he was going to his office to find whatever paperwork or computer files uh may have been in his
00:28:45
office once there he gets out of the car perhaps he sees his only chance for getting away tries to make a break for
00:28:53
it and perhaps receives one or more of his wounds at that that time goes to the north porch where he is finished off now
00:29:01
much speculation has centered on a mysterious man in a pinstriped suit an unknown individual who was spotted by a
00:29:10
Corrections employee inside the corrections Dome building 90 minutes after closing time the individual has
00:29:17
never been identified another Dome building employee who worked as a parole board clerk has stated the man in the
00:29:25
pinstriped suit also matches the description she gave to police as the man who arrived at the Dome building the
00:29:33
day of the murder to repair the copy machine late in the afternoon this individual was granted access to remain
00:29:40
in the building after hours to complete the repairs the repairs were never completed the machine was left in pieces
00:29:48
and neither the man in the pinstriped suit or Dennis plant uh the man who later testified that he was the copy
00:29:56
machine rep repair man but whom the parole board clerk States was not the man who worked on The copier that day
00:30:03
returned to complete the repairs nor was any record of the service call found in
00:30:09
The copier repair log after the murder whether or not the individual has any relation to the killing is unknown the
00:30:16
individual does not resemble that of Frank Gable some believe that Michael was the victim of a premeditated murder
00:30:25
carried out by several men and possibly instigated by high ranking officials fearful of being named in the
00:30:33
investigation according to reporter Steven Jackson an eyewitness at the scene backs up this Theory stating that
00:30:39
at 10:15 or 10:20 on January 17th a young man riding in a car looked over where the scene of the crime was and saw
00:30:49
five to six men running toward a Volkswagen van if Michael Frankie had been abducted and then brought back to
00:30:57
the building where he was killed this would fit in with the abduction Theory this Theory suggests that on the night
00:31:05
of his death Michael unlocked his his own car and deactivated the alarm at the same time the men approached him Michael
00:31:14
did not keep regular office hours except for Tuesday staff meetings so it appeared the attackers were familiar
00:31:22
with his schedule that night several people reported seeing a man with a pinstripe suit and a dark complexion
00:31:30
lurking in the corrections building after hours a composite drawing based on a witness description was made and this
00:31:38
Theory also makes sense too because we don't see Frankie we lose track of Frankie between 6:30 and 12:30 yeah we
00:31:46
have almost 6 hours where he's unaccounted for now we can't say for certain that the area in which he was
00:31:51
later found dead was searched before 12:30 but what we can say is people were looking for him and did not discover him
00:31:59
until that time now here's a theory that I really like and I'm not saying that I
00:32:05
favor this one over the others but the reason why I like it is because it kind of ties some of the other thoughts and
00:32:11
theories together you know you say well how can you have these theories that don't seem to have anything to do with
00:32:18
one another this one is interesting and this is the theory of Kevin Frankie Kevin is Michael Frankie's younger
00:32:25
brother and he assisted with that movie without evidence so his theory goes something like this that he depicts
00:32:34
Scott mallister who we already talked about as a corrupt bureaucrat who was cozy with inmates and benefited from
00:32:43
some kind of Black Market prison trade and Michael Frankie threatened to Halt Scott McAllister's dealings so then
00:32:50
mallister turned to underworld Associates including Timothy natividad the murder plot Frankie maintains called
00:32:58
for natividad and two other men to force Michael Frankie into his car and drive off kill him somewhere else and make it
00:33:07
look like a suicide but something went wrong and Frankie fought back and natividad ended up killing him there on
00:33:15
the scene or at least stabbing him there on the scene I like that theory because it
00:33:21
actually ties like three of the theories together and might be why that there's rumors of Theory a being Right theory B
00:33:29
being right or Theory C being right so within that one we have Scott mallister who is thought to be corrupt and be up
00:33:37
to no good who who does already make deals with known criminals and inmates MH then turning to Timothy natividad
00:33:46
who's a known criminal and other individuals to get rid of Michael Frankie now while we are on the subject
00:33:52
of Kevin Frankie Michael Frankie's younger brother let's get into into this a little bit because you know how we
00:33:59
often find these almost unbelievable smaller stories inside some of these cases M well here's a weird one so we
00:34:08
have Kevin Frankie but we have Kevin Frankie's wife his wife later is Elizabeth who was formerly Elizabeth
00:34:18
goodlove who at one time at the actually at the time of Michael Frankie's murder
00:34:24
was Timothy natividad's girlfriend Elizabeth godlove shot and killed Timothy natividad two weeks after
00:34:31
Michael Frankie's death a jury acquitted her that spring after she claimed natividad had been abusing her for years
00:34:40
and had held a gun to her head the day that she killed him Elizabeth godlove and Kevin Frankie married in
00:34:48
1994 so is it possible that during her trial that he follows her trial they might have even met at the courthouse
00:34:56
yeah I I don't know because they thought that you know his death might have something to do with his brother's death
00:35:03
well let's look at her story just a little bit more uh in detail so in August of 1990 Elizabeth godlove told
00:35:12
Frank Gable's defense team that Timothy natividad came home in a panic during the early morning hours quote on or
00:35:21
about the night of Michael Frankie's murder she noticed a wound on his leg and a gash on his head then a day or two
00:35:30
later Timothy natividad told her he'd killed a man but when God love relayed the story to the police in September of
00:35:39
1990 she said she couldn't be certain the night natividad arrived home with the wounds was the same night that
00:35:47
Michael Frankie was stabbed police ran down leads on Timothy natividad testing his knives and clothing but they found
00:35:55
no link to the murder murder mhm so then you could take it as possible one or another motive for Timothy natividad to
00:36:04
kill Michael Frankie either he was involved in a conspiracy to get rid of him and he was hired as remember we have
00:36:11
that other individual that said he was with natividad for portions of the night that Michael Frankie was killed and
00:36:18
picked him up at the scene and he had blood on him or did natividad simply was he part of the criminal element that was
00:36:27
pedling drugs in and out of the prison system right and that he needed to off the guy that was going to that stumbled
00:36:36
upon how the workings of that were taking place and intended to shut it down right but that's all connected to
00:36:43
higher individuals in the prison system anyways yes very possibly but not 100% that it has to be well I just think it
00:36:52
could be a it's could be a combination of a lot of these things and it seems like
00:36:57
there's a lot of money to go around and probably a lot of greed well there's definitely corruption and here's the
00:37:04
reason why when when you and I spoke earlier about um the judges ruling stating that hey I found corruption
00:37:11
within the prison system but I found no link between that and the murder of Michael Frankie and you said hey I
00:37:18
disagree with that statement because if there was corruption this guy was sent to find it it's very likely that that
00:37:24
led to his murder well on top of that we have files of his missing I mean that's
00:37:29
again evidence of that possibly he found corruption and now we don't have evidence of that those are rumors though
00:37:37
that's what we got to be clear of rumors that files of his were missing well right but we know that his computer's
00:37:43
missing correct we do know that so if somebody's saying hey Frankie's laptop is missing possibly there's files
00:37:50
missing and then on top of that there I mean there was some activity in his office right of of things going missing
00:37:59
so well no the the items in his office would just simply be rumor unless somebody could prove that his briefcase
00:38:06
and laptop were in his office at the time that he was killed elsewhere mhm and what I mean by that is look there's
00:38:14
rumor that he stumbled upon corruption and the thought is that well he would have had proof of such and if he did
00:38:21
then they might have been in files or in his briefcase or in on his laptop right
00:38:26
therefore if it was a conspiracy to uh buy the the corrupted to shut this man down that they would have wanted to
00:38:34
steal those files steal that laptop steal that briefcase what I'm getting at is I agree with you I I think it's fair
00:38:42
to make that leap if there is corruption if you do find corruption to think that
00:38:47
it could have led to Michael Frankie's murder but where I can't say that for certain with 100% certainty is this I
00:38:55
personally believe that there is some level of corruption in every State's prison system within the United States a
00:39:02
that's a scary thought don't even get me started on it well I mean there just is
00:39:06
I mean I I I would be I would be shocked if anybody working in any of those States Corrections uh systems if anybody
00:39:16
would come forward and say Nick you're absolutely wrong there is zero corruption at all in our prison system
00:39:22
here in the state of Kentucky in Ohio in Michigan New York California Texas whatever and what do you think it's like
00:39:28
you know when when you now have privately owned prisons so well it but I want to be it's going to just get worse
00:39:36
I want to be clear here I I'm not trying to point out that I think that every State's prison system is corrupt from
00:39:42
the top to bottom M corruption can be as something as simple as a a guard selling
00:39:49
cigarettes to inmates I mean that's that's the absolute truth of it so what I'm saying is I can see how they could
00:39:58
find certain levels of corruption in their prison system but also believe that it did not lead to his murder you
00:40:06
see what I'm saying oh I see it so the thing too regarding the files though those files are only rumored to
00:40:15
have been destroyed and what I mean by that is let's say Frankie actually didn't discover any corruption then he
00:40:23
would have those files would never have existed right the other thing too is the
00:40:27
briefcase in the laptop if they were on his person when he was stabbed maybe it was just taken by whoever stabbed him
00:40:35
and that person wasn't there to stab him because they were hired to kill him mhm
00:40:41
um so I or or the opposite though too I mean there could have just been rumors again we have these rumors about these
00:40:48
files we have these rumors about this laptop so if you do have high levels of corruption they go hey we got to take
00:40:55
down this guy Frankie well what if they take him out then they go he didn't have
00:41:00
anything on us didn't have anything on our corruption yet or didn't have detailed
00:41:06
you know reports mhm uh but then there was a confession um and this was by a guy named John Krauss he's a man from
00:41:17
Salem who was on Parole for a robbery he was on Parole at the time of Michael Frankie's murder he later repeatedly
00:41:25
confessed to murdering Michael Frankie telling numerous Law Enforcement Officers as well as his own mother
00:41:32
brother and girlfriend that he stabbed Michael Frankie when Michael caught him burglarizing his car on January 17th
00:41:42
1989 so the the other Frank was just a py so Frank Gable yeah the convicted murderer of Michael Frankie his defense
00:41:51
team said that John krauss's confession was consistent with the crime scene and and the autopsy evidence corroborated by
00:41:59
eyewitness testimony and considered truthful by an FBI polygrapher who was flown in from out of state to test him
00:42:08
so Krauss called it quote just a freak accident saying he got into Frankie's car and Frankie found him in it and
00:42:16
asked him what he was doing he says I tried to hit him where I could knock him out the next thing I know I stabbed the
00:42:25
guy I stabbed him in the in the arm and he says I didn't intend to kill the guy The Krauss described how
00:42:32
Frankie confronted him offering a physical description of Frankie who in the autopsy was described as 6'3
00:42:39
weighing between 2 20 to 230 lbs Krauss said that Frankie punched him with significant force and that is when
00:42:49
Krauss stabbed Frankie mhm now there of course are doubts about this confession we have attorney Nicholas cstom from the
00:42:58
Oregon Department of Justice countered that krauss's confession came after he provided police with at least four
00:43:04
differing accounts of what had occurred he gave varied descriptions of the clothing he wore at the scene as well as
00:43:13
the route he took to flee the area coustom suggested that during the interviews Krauss had with police that
00:43:21
the investigators may have fed him information along the way the state could never corroborate krauss's account
00:43:27
of what occurred according to this uh cstom individual right right right but you can you can feed him all the
00:43:34
information you want you can feed them all the evidence you want all the crime scene information you want now you got
00:43:40
to pass a polygraph and that's not to say that they can't pay that guy off or whatever but you still got to pass a
00:43:47
polygraph well what's interesting here though is that we have assistant Federal public defender uh for Frank Gable who
00:43:57
later called it a troubling double standard stating if the state is now arguing that John krauss's confession
00:44:05
may have been contaminated by investigators questions or media accounts of what occurred but hasn't
00:44:12
applied that same standard to other key Witnesses who have since recanted their earlier statements that place Gable at
00:44:19
the scene of the crime mhm not other key Witnesses every key witness right you know come on yeah and I think that's
00:44:28
very interesting here right so we have this guy who confesses and they say nope the the police un you know
00:44:36
unintentionally altered this guy's statement Well here here's the thing is I don't really give a [ __ ] that he is
00:44:43
confessing to the cops right it's more the fact that one you're passing a polygraph but two you're confessing to
00:44:50
your mother and your brother and your family it sounds like just about anybody that was willing to listen he was was
00:44:56
confessing to right but what I what I mean by that is I'm going to put more weight into that why why are you go why
00:45:02
would you add heartache to your mother M for a lie mhm mom I did this I want to come
00:45:10
clean I want to you know and that's what it exactly sounds like doesn't it Captain it sounds like this individual
00:45:16
that that kind of panicked in the freak moment if we believe a story he got punched by this large man and he kind of
00:45:22
which would punch you yeah that's what every every body says about Michael Frankie this is the kind of dude he
00:45:28
didn't back down from just about anything well and Frankie just didn't know that he was bringing his fist to
00:45:35
cuffs to a knife fight right and it sounds like if John Krauss is telling the truth that his intentions weren't to
00:45:43
kill Frankie it sounds like oh he hit me real hard I can't throw blow I can't trade blows with this guy right I'm
00:45:50
going to I'm just going to have to get him real quick and go and and make and maybe he just intended to get him in the
00:45:58
arm or in the hand or something like that and and unfortunately got him directly in the heart well and as far as
00:46:04
Frank Gable is concerned it it seems like all these other theories and then plus this confession which basically is
00:46:15
what they're claiming Frank Gable did mhm they're basically saying well but you're just changing the characters with
00:46:22
his confession and again by the way passes a polygraph and the guy sits in jail well and you wonder too if there's
00:46:30
no physical evidence to convict Frank Gable then why maybe there isn't any physical evidence because he's not your
00:46:38
guy and like you said the the story that John Krauss lays out for you is the same
00:46:46
theory that the prosecutors put forth at trial right it's just the difference is
00:46:50
you have one guy who's saying this is what I did I did I did exactly what the prosecution said and my name is John
00:46:57
Krauss and then you have another guy who's saying man I'm completely innocent don't stop looking for the killer cuz
00:47:03
he's actually out there and my name is Frank Gable so we should mention the Innocence Project has taken on Frank
00:47:10
Gable's case uh and looked at this thing several times in attempts to get him please you know or not please appeals uh
00:47:19
granted for his conviction so you know us presenting these conspiracy theories um it's not a lot of ookie cooky dookie
00:47:28
you know it's it's um say what people smarter than us have looked at Frank Gable's case and questioned his guilt
00:47:35
and questioned the verdict of such yeah ookie cooky dookie that's right that means
00:47:42
it it means it's poopy means it's ookie poopy doopy means it's poopy so the problem with this case captain and I
00:47:52
think it's extremely obvious to everyone is that this case is complicated I mean
00:47:58
we have Michael Frankie who was brought into end corruption in the Oregon prison
00:48:04
system Michael Frankie discovers or may have discovered deep corruption very high up in the prison system chain of
00:48:11
command and then he's murdered prior to the release of the details of his findings right his briefcase and
00:48:19
possibly other paperwork disappear and are never found now the interesting thing to me though is that we three
00:48:26
months later three months after the murder is when John Krauss confesses to his family that he killed Michael
00:48:34
Frankie in a botched robbery then we have police who later ignore this confession the investigation takes 15
00:48:42
months and they arrest Frank Gable no physical evidence ever links Gable to the crime Gable's sentenced but very few
00:48:51
people believe he is in fact guilty all of the people who test T ified against cable recanted their testimony so I ask
00:49:00
you Captain as we take a look at these theories that we've discussed today how do you feel on some th certain things
00:49:08
how do you feel about Frank Gable do you think that he's guilty or make him take
00:49:13
a li detector do you think that if I was going to represent him as the innocent project is putting time and effort into
00:49:21
him and make him take a lie detector if he can pass that then okay we can start there do you think that there was a hit
00:49:28
taken out on Michael Frankie no I mean I think there I don't know I mean it's like I said the 3 months after the
00:49:37
murder you have somebody confessing you have somebody confessing to their family
00:49:41
the police don't take that serious because they got their guy again their the state's case and
00:49:48
what the evidence kind of shows us is that it's more likely a botch robbery mhm and then K's the story lines up so
00:49:57
why wouldn't you believe him especially he passes the test that does not mean there wasn't corruption there doesn't
00:50:04
that doesn't mean that Frankie wasn't going to find it and he might have and and and probably his
00:50:11
murder scared a lot of people to death oh yeah yeah you're you're probably right even if the murderer
00:50:19
didn't know about Michael Frankie's job or who Michael Frankie was or what he could have stumbled upon or found what
00:50:26
he was looking for I guess we should say so I'm with you um as far as Frank Gable
00:50:33
goes I think unfortunately it's it's not very probable that he was the Killer and
00:50:40
just because the zero evidence Factor because of all of the witnesses recanting their stories MH um then we
00:50:48
also have the added element of the interrogation process and the polygraph process for all of those most of those
00:50:57
Witnesses seems to be not normal irregular right coer the difficult thing is that you know Frankie was high up in
00:51:08
the prison system and so that put pressure on the police to solve it but also again with the
00:51:17
corruption if there's higher levels of corruption those people are connected to people on the law enforcement and
00:51:23
they're going to solve this thing get this closed get the heat off of us it was a robbery that's it right so I think
00:51:34
partly because of the corruption is why we have this innocent man behind bars as
00:51:41
far as the hit Theory goes or the different hit theories that are out there I also question this thought
00:51:47
because here my thought is usually this when there is a hit put out and when the
00:51:52
hit is carried out usually usually the target is is killed and the offender knows that the
00:52:02
target is dead when they leave the area and what I mean by that is most of the evidence and most of what the medical
00:52:09
examiner as well as other investigators in this case have stated is they believe
00:52:15
that Michael Frankie was attacked near his vehicle and then was able to to flee right and attempt to get help where he
00:52:24
would have survived and been able to tell us what happened to him who attacked him and that doesn't work out
00:52:31
very well for a hit doesn't sound like a hit and then also the you know the rumors were that we need to make it look
00:52:37
like a suicide if that's the case the hit didn't even try to make it look like a suicide and then even with on the
00:52:44
abduction Theory same thing let's make it look like a suicide you're going to tell me that you're going to take this
00:52:51
person in a van we're talking about 63 225 lb 235 lbs you're going to take him in a van with three guys and then when
00:53:00
you when you bring him back he's still going to move around alive I because the evidence seems like
00:53:10
he moved from his car to the second floor if that's the case then you you brought him back somewhat alive right
00:53:19
and that that makes no sense so I mean if you're going to abduct somebody for the purpose of shutting the up for good
00:53:26
MH you're going to shut him up for good the only thing that stops me from ruling
00:53:31
out the possibility of a hit 100% is the fact that we have the situation with Scott mallister and Linda Parker where
00:53:40
she states that she overheard mallister basically telling a bunch of guys that the it was a hit however the people that
00:53:47
were hired to carry it out really screwed it up you know unless this was a hit that was really screwed up yeah but
00:53:54
he hear me out it is possible like I said there's possible that all these things are happening at the same time
00:54:00
and you have a hit that's going out but you don't know when that hit is going to
00:54:03
happen right you don't know if it's that day or whatever and so it could have just simply been um talked about on
00:54:12
these high level people the high level people that are in the prison system working with the criminals saying hey
00:54:19
you need to take care of this these criminals or drug dealers or whatever they're not in the bus business of
00:54:25
putting in hits and so this this car Breakin happens mhm and then mallister calls his guys hey what
00:54:36
happened they go well he he got away and they had nothing to do with it you see what I'm saying they're covering their
00:54:44
ass well the interesting thing is we have and I wow you just stumbled upon something here Captain because we have
00:54:51
Michael Frankie who's last scene alive about 6:30 p.m. on the 17th the newspapers on the 18th said Frankie ma
00:55:00
or sorry Michael Frankie has been murdered the newspapers the very next day say Michael Frankie was murdered
00:55:08
right so guess what if you're somebody that ordered that hit and then you make a phone call you go well I guess the
00:55:15
deed is done question mark right like I hired you to kill this guy and now I'm reading the newspaper and he's dead MH
00:55:23
and the the medical examiner saying it was is 100% a homicide that's interesting could
00:55:29
somebody have paid Scott mallister or some of his group paid Timothy natividad and a guy or two to kill Michael Frankie
00:55:39
or a guy and a girl and John Krauss for some reason shows up breaks into Michael
00:55:44
Frankie's car on the 17th stabs him accidentally unintentionally kills Michael Frankie and Timothy natividad
00:55:53
says you're deed was carried out my friend thanks for the money I'll meet you here on Tuesday for the
00:56:02
[Music] payoff ukie cookie dookie all right Captain how about a little recommended reading yes
00:56:23
sir this week we are recommend ing love and greed in the Heartland the Richmond Hill murders this is the story of an
00:56:31
insurance fraud scheme gone fatally wrong on an Autumn night in Richmond Hill what was meant to be a small fire
00:56:38
mushroomed into a major explosion and the largest homicide investigation in Indiana's history make sure you check
00:56:46
out love and greed in the Heartland by Robert snow and Russ McQuade and you don't have to write that title down now
00:56:54
you can simply go go to our website true Crim garage.com and click on the recommended page and we have all of our
00:57:00
books recommended there for you yeah and make sure you check out our store page as well we have a bunch of different
00:57:06
shirts we also have a Tumblr mug Koozies all that stuff uh we ship them out every
00:57:12
Friday and if you have any merchandise ideas that you'd like to see in the store you can always email me at cap
00:57:19
true Crim garage.com until next week everybody keep it real keep it clean be good be kind and don't let
00:57:26
[Music] [Applause] [Music] her Angie's List is now Angie and we've heard a lot of theories about why I
00:57:59
thought it was an Eco move fewer words less paper no it was so you could say it faster no it's to be more iconic must be
00:58:07
a tech thing but those aren't quite right it's because now you can compare upfront prices book a service instantly
00:58:14
and even get your project handled from start to finish sounds easy it is and it makes us so much more than just a list
00:58:21
get started at angie.com that's ngi or download the today

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Episode Highlights

  • The Murder of Michael Frankie
    Michael Frankie was killed in front of the Oregon State Prison headquarters in 1989. The case remains controversial due to doubts about the conviction of Frank Gable.
    “They opted for life in prison without the possibility of parole.”
    @ 03m 57s
    November 16, 2023
  • Witness Testimonies Under Scrutiny
    Witnesses against Frank Gable later recanted their testimonies, raising questions about the integrity of the trial.
    “Witnesses were intensely interrogated and coerced by police.”
    @ 15m 17s
    November 16, 2023
  • Corruption Theories
    Rumors of corruption within the Oregon Department of Corrections surfaced after Frankie's murder, suggesting a possible conspiracy.
    “The investigation confirmed significant illegal activities within the department.”
    @ 17m 42s
    November 16, 2023
  • The Abduction Theory
    Michael Frankie may have been abducted and returned to the scene of his murder.
    “This theory suggests that on the night of his death, Michael unlocked his car and deactivated the alarm as men approached him.”
    @ 31m 02s
    November 16, 2023
  • Confession of John Krauss
    John Krauss confessed to murdering Michael Frankie, claiming it was an accident during a burglary.
    “I didn't intend to kill the guy.”
    @ 42m 29s
    November 16, 2023
  • Frank Gable's Innocence Project Case
    The Innocence Project has taken on Frank Gable's case, questioning the validity of his conviction.
    “The Innocence Project has taken on Frank Gable's case.”
    @ 47m 08s
    November 16, 2023
  • Corruption in the Prison System
    Michael Frankie discovered corruption in the Oregon prison system before his murder.
    “Michael Frankie discovers deep corruption very high up in the prison system.”
    @ 48m 04s
    November 16, 2023
  • Confession Ignored
    John Krauss confessed to killing Michael Frankie, but police ignored his confession.
    “Police later ignore this confession.”
    @ 48m 32s
    November 16, 2023

Episode Quotes

  • We put the fun in Dysfunctional!
    Michael Francke /// Part 2 /// 248
  • Gable couldn't fight his way out of a paper bag.
    Michael Francke /// Part 2 /// 248
  • Follow the kitty porn and you can figure that out.
    Michael Francke /// Part 2 /// 248
  • I like that theory because it ties three theories together.
    Michael Francke /// Part 2 /// 248
  • I didn't intend to kill the guy.
    Michael Francke /// Part 2 /// 248
  • We have an innocent man behind bars.
    Michael Francke /// Part 2 /// 248

Key Moments

  • Gamechangers00:42
  • True Crime Garage01:42
  • Murder Case03:26
  • Witness Issues14:49
  • Theories of Murder32:21
  • Corruption Uncovered37:02
  • Confession Controversy44:40
  • Complicated Case47:55

Words per Minute Over Time

Vibes Breakdown