published Friday, January 30th, 2009

Chattanooga: Franklin sentencing delayed in federal drug case


by Monica Mercer

Former City Council member John P. “Duke” Franklin Jr. will have an extra month before possibly having to surrender his freedom, according to a federal court order.

Mr. Franklin’s sentencing hearing, originally scheduled Feb. 25, has been delayed until March 20, the order states.

Defense attorney Marty Levitt confirmed Thursday that the new date is not the result of a scheduling conflict but for “other reasons.” Mr. Levitt would not comment on whether Mr. Franklin has agreed to help the government in other investigations, and neither would Assistant U.S. Attorney Scott Winne, who is prosecuting the case.

It is not uncommon for those accused of federal crimes to agree to cooperate in other investigations as a part of their plea agreements in which charges can sometimes be dropped or reduced.

Mr. Franklin faces up to five years in a federal prison after pleading guilty last November to one count of conspiring to obstruct justice in connection with his involvement in a large local cocaine ring.

He was one of about 40 people arrested May 14, accused of either running or helping to run a drug ring responsible for distributing at least 30 kilograms of cocaine a month in Chattanooga over the previous year and a half.

“It’s an impact case,” Mr. Winne said at the time.

In his plea deal, Mr. Franklin avoided responsibility for the much more serious charge that he helped a friend launder about $70,000 in drug money, a crime that could have netted him up to 20 years in prison.

The government also dropped another charge that Mr. Franklin lied to authorities when he told them he thought the money simply was a loan to help finance his friend’s legitimate business venture.

Mr. Franklin knew all along about the cocaine business, authorities said, pointing to his statements that his friend had supplied him with free cocaine for the past two years.

The government never charged Mr. Franklin with a specific drug crime, but prosecutors indicated they would use his statements against him at trial.

At the time of the guilty plea, Mr. Winne said the deal Mr. Franklin got was “fair,” but he would not comment on the specific terms of the plea agreement, which have not been made public.

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