Oregonian, The (Portland, OR)

 

November 21, 1990

 

 


 

 

BROTHER RELENTLESSLY SEEKS FRANCKE CONSPIRACY

Author: PHIL MANZANO - of the Oregonian Staff

 

 

 

Summary: The Florida man leaves a crumbling life behind as he probes into the drug underworld in Salem

 

Almost two years ago, Kevin Francke stood outside the Dome Building in Salem and stared at a grassy area behind a police line.

 

He took in the scene -- the trees, the parking circle, the portico, the sidewalk.

 

It was there, about 7 p.m. on Jan. 17, 1989, that his older brother, Corrections Department Director Michael Francke, was stabbed to death. A security guard found his body after midnight.

 

Fifteen months later, an Oregon State Police task force arrested Frank E. Gable, 31, and charged him with six counts of aggravated murder and one count of murder in the case. Gable has pleaded innocent. A trial is scheduled for March.

 

But Kevin Francke, 37, remains convinced that his brother died at the hands of a conspiracy. Even as his own life has crumbled around him, he cannot take his eyes off that scene.

 

``He's obsessed with that murder,'' said Jeanne Schwartz, 69, a friend who allowed Francke to stay in her apartment. ``He eats, drinks and sleeps that murder.''

 

In his zeal to find answers, Francke left his wife, his daughter and his financially troubled construction business in Port Charlotte, Fla. He moved to Salem to conduct his own investigation, one that has taken him into the warrens of Salem's drug underworld.

 

``It has frustrated him, depressed him some and absolutely destroyed his ambition to work,'' said his father, Dr. Edward Francke of Prairie Village, Kan.

 

``I don't want him to get hurt, I don't want him to get in trouble,'' said another brother, Patrick, of Lenexa, Kan. ``If he gets ground up in this deal, then the bad guys win.''

 

But Kevin Francke, in an interview Saturday, played down his family's concern.

 

``I have absolutely no obsession,'' he said. ``I'm not going out over the edge.''

 

Sitting on a couch at Schwartz's apartment and smoking Marlboro cigarettes, Francke granted an interview on his last day in Salem. Sporting a beard and an earring, he was packing to move to an undisclosed location out of state.

 

Francke has been the driving force behind the conspiracy theories that surround his brother's death.

In the months after the murder, Kevin Francke told of a telephone call in which Michael Francke told him about an ``organized criminal element'' he was planning to uncover.

 

Kevin Francke believes his brother was referring to a widespread ring of corruption in Salem involving drug dealers, powerful private citizens and officials from state government and the Corrections Department.

Michael Francke stood up to this ``deeply rooted'' and ``powerful'' machine and paid with his life, his brother says.

 

Francke interprets some of the physical evidence, the autopsy report and crime scene photos as indicating his brother was not killed by one person, but by as many as three or four.

 

According to Kevin Francke's theory, two men waited for his brother on the steps of the Dome Building and were surprised when he emerged from a side door. They met him halfway on a walkway and shoved and beat him into the recessed portico, where he was fatally stabbed.

 

That theory has been dismissed by the state police, Marion County District Attorney Dale Penn and a special investigator appointed by Gov. Neil Goldschmidt. Prosecutors and police have repeatedly said they have examined alleged links between Francke's death and prison system corruption but have found nothing to substantiate them.

 

``As ludicrous as it seems, I'm in a position where I support the defense investigators,'' said Kevin Francke.

 

``That's difficult and probably impossible for some people to understand.''

 

But he said their efforts and a jury trial of Gable are the only ways to uncover the truth behind his brother's death.

 

Before he came to Salem, Francke left behind a life in Florida that had bottomed out. He and his wife, Katie, had separated and their home construction company, Max Construction, started in 1986, was in trouble.

 

According to his wife, their financial troubles began well before the murder, with the first house the company built after a bank withdrew most of its financing.

 

The Frankes were forced to draw on reserve cash and faced a slumping housing market in 1988; then creditors began baying at the company's door. The Franckes were able to survive until March, when they filed for Chapter 11 protection from creditors in U.S. Bankruptcy Court.

 

She said the company has about $700,000 in outstanding debts, including hundreds of thousands of dollars loaned by relatives. The Franckes have also filed for personal bankruptcy.

 

The murder consumed most of Kevin Francke's time, said Katie Francke -- 12 hours a day and thousands of dollars spent on phone calls, express mail and faxes.

 

As if their financial problems were not enough, Katie Francke said she also began seeing apparitions of Michael Francke. Once, she said, she ``became'' Michael Francke and was transported back to the murder scene, where she experienced the killing. Although Kevin Francke denies it, his wife said Kevin also saw Michael Francke doing a ``turtle impersonation,'' something he occasionally did to amuse people.

 

Wife took overdose

 

Their marriage suffered, and Kevin Francke said in January 1990 that he wanted a divorce. Katie Francke said she deliberately swallowed an overdose of pills shortly afterward but survived when Kevin found her and took her to the hospital.

 

Kevin Francke said recently that his company was doomed not because of neglect, but because of an ailing Florida housing market that struck down half a dozen other companies in Port Charlotte.

 

He also said his wife, trained in finance and a former manager with a development company, handled the books for Max Construction, and it fell to her to deal with the creditors.

 

``There was nothing for me to do out there . . . except hold her hand,'' said Francke. By then, the couple had already separated.

 

Katie Francke agreed the records were her responsibility but said that Kevin Francke, as president of the company, should have stayed.

 

``You didn't need to know the books or bankruptcy proceedings to talk with some of these people,'' she said.

 

``I feel it would've been nice if he stayed and held my hand.''

 

Although Katie Francke had been fighting off creditors, she said she sold their wedding rings for $500 and gave Kevin Francke $600 for his trip to Oregon.

 

Kevin Francke arrived in Salem in late August. Among the first places he stayed was with Eric Mason, a reporter for KOIN (6) who has reported extensively on the Francke case.

 

``I saw him as a guy that needed help, and he showed up on my front door,'' Mason said. ``It was one of those things after developing a source relationship over the phone and talking to him and giving and sharing information, when he showed up in Salem and didn't have any place to live . . . what am I supposed to do?

 

Turn him out into the cold?''

 

`A tragedy unfolding'

 

When it became clear that Francke was not going to get a job and move out, Mason asked him to leave.

 

``I hope he finally comes to terms with the reality that before he can find his brother's killer, he will have to come to terms with his own tragedy,'' Mason said. ``I saw a tragedy unfolding before my eyes, and I couldn't turn my back on it.''

 

Francke then stayed with Elizabeth Godlove, a Salem woman who shot and killed her boyfriend, Timothy Natividad, two weeks after Michael Francke's murder. She was found innocent after pleading self-defense in May 1989.

 

Natividad ran in the same drug circles as Frank Gable, and Gable's lawyers are trying to establish a link between Natividad and Francke's murder. Police contend there is nothing to link Natividad to the case.

 

But Gable's lawyers also criticized Kevin Francke in an affidavit, saying that ``an individual'' had interfered with a potential key witness, Godlove, and hindered their efforts.

 

The defense attorneys, according to the Statesman-Journal in Salem, contend that Francke withheld Godlove from them in exchange for information they had.

 

Francke said he twice made Godlove available to defense investigators. He asserted he has provided the investigative team with reams of information.

 

Francke said the defense team asked him to back off from interviewing Jody Swearingen, a material witness, and he agreed as long as they would share information. But he said they never did, and ``I wanted my part of the bargain.''

 

Test debunked story

 

Most recently, Francke stayed with Jeanne Schwartz, an ex-convict who said Kevin Francke was traveling in Salem's methamphetamine crowd. Numerous Statesman-Journal stories have reported Schwartz's allegations that corrections officials were responsible for Michael Francke's death. Her contentions were later debunked after she took a polygraph test arranged by the newspaper.

 

``He's either going to get killed or arrested,'' Schwartz said. Although fond of Francke, she said, ``Kevin's got me a nervous wreck.''

 

At one point, there were conflicting rumors that a contract has been put out on Kevin Francke and that Francke was out to get a state police officer. Police have discounted both rumors.

 

About a month ago, Francke's family became concerned about his safety after he was not heard from for several days. Francke surfaced shortly afterward and said there was nothing to worry about.

 

In early September Francke applied for a concealed-weapons permit in Marion County. The permit was rejected because he did not list a proper residential address.

Francke said he carries a handgun but does not conceal it, in accordance with Oregon law. ``I have followed the rules right down the line,'' Francke said.

 

He discounted rumors that he was running with drug users and dealers. Francke said he has as much right interviewing people in Salem's drug world for his investigation as do police and defense investigators.

 

`I'm not a gadfly'

 

He said he has to talk to people involved in drugs because of the background of the case. If the murder involved autoworkers, he would be seen talking to autoworkers, he said.

 

``I'm not a gadfly, I'm not a raving lunatic,'' he said.

 

Francke said he came to Salem with certain objectives and has accomplished most of them. He said the ``Unsolved Mysteries'' television series is considering a segment on the Francke murder. ``Expose,'' an NBC television news magazine scheduled for next year, is also considering a piece on the murder, he said.

Once those are completed, Francke said, he will be about done with his personal investigation.

When Kevin Francke came to Oregon he hoped to find answers to his brother's death. Instead, he said, he has found more questions.

 

When asked if he had uncovered anything that could be presented in court, Francke said, ``Give me $2 million and 50 investigators, technical, logistical support and time, and I definitely could.''