Commonwealth v. Franklin

New England Law Review On Remand's Podcast

A Superior Court jury convicted the defendant, Lewis Franklin, of first-degree murder based on deliberate premeditation for killing the victim, John Falcone; the defendant appealed. The Supreme Judicial Court (“SJC”) affirmed and declined to order a new trial or reduce the murder conviction. On August 23, 2004, three people, including the victim, wanted to buy a “twenty rock” of crack cocaine. The three people pooled together fourteen dollars, called the defendant (known as “G”), and asked to purchase crack cocaine despite being short the full price, which was usually twenty dollars. The defendant met them in a pizza restaurant’s parking lot, conducted the transaction, and left. The three purchasers went to a nearby park to smoke it, but soon learned that it was not real crack cocaine. The purchasers became upset and called the defendant until he answered; the victim took the phone, cursed at the defendant, and the defendant agreed to meet them at the pizza restaurant parking lot to “make it right” but he never showed up. This case addresses issues of evidence.