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Speaker 1: Three years ago, the Murder in Oregon podcast posed the

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Speaker 1: question who killed Michael Frankie, and on September twenty ninth,

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Speaker 1: twenty twenty two, a court answered not the man who

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Speaker 1: was convicted of his murder and spent nearly thirty years

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Speaker 1: in prison. Here's journalist Phil Stamford.

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Speaker 2: It's a great day. It's a great day for Frank.

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Speaker 3: It's a great victory. But if there were any justice

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Speaker 3: in the world, this would have happened long ago. In fact,

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Speaker 3: he never would have been convicted. Anyone who looked at

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Speaker 3: the evidence at the time could see there was no

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Speaker 3: case against Frank Gable.

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Speaker 1: I'm Lauren Bright Pacheco and this is an update to

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Speaker 1: Murder in Oregon. Frank Gabel was convicted of killing the

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Speaker 1: director of the Oregon Department of Corrections in nineteen eighty nine,

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Speaker 1: but has always maintained as innocence for more than three decades.

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Speaker 1: Michael Frankie's brothers Pat and Kevin, along with Phil Stamford,

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Speaker 1: have bought for Gable's release. Now, the Ninth Circuit Court

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Speaker 1: of Appeals has affirmed a lower court's decision to vacate

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Speaker 1: Frank Gable's murder conviction. Here's Michael, Frankie's older brother Pat.

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Speaker 4: I'm excited and happy for Frank Gable and his wife

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Speaker 4: Brandy in his family. This is a big load off

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Speaker 4: of everybody's mind that's been hanging, and it's long overdue.

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Speaker 1: Listeners of the podcast are familiar with the multiple glaring

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Speaker 1: issues surrounding the state's case against Frank Gable, many of

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Speaker 1: which were successfully argued by Gable's formidable public defender, Nell Brown.

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Speaker 1: The state's case rested exclusively on witness testimony, as no

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Speaker 1: physical evidence linky Gable to the murder was ever found.

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Speaker 1: Here's an excerpt from the Circuit court judge's opinion. Quote.

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Speaker 1: Since trial, nearly all of the witnesses who directly implicated

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Speaker 1: Gable have recanted. Many explain they intended to frame Gable

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Speaker 1: after hearing he was a police informant. They attribute their

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Speaker 1: false testimony to significant investigative misconduct, which the state remarkably

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Speaker 1: does not dispute. Unquote. Here's Kevin Frankie's reaction.

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Speaker 5: Douck Geare we added at it nailed from the get go,

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Speaker 5: and there was never ever a doubt in my mind

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Speaker 5: that Frank Gable was innocent.

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Speaker 2: They were calling me in saying that now the worm

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Speaker 2: has turned.

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Speaker 1: Gable, who has been out of custody pending appeal, is

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Speaker 1: now a free man and will remain so unless the

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Speaker 1: State of Oregon appeals the decision to the Supreme Court.

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Speaker 1: Here's Phil Stamford.

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Speaker 3: They've taken thirty years of this guy's life through all

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Speaker 3: these appeals, and as great as this news is, we

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Speaker 3: still have to worry right now about the Attorney General

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Speaker 3: in Oregon, who filed this appeal of the Judge Acosta's

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Speaker 3: decision a couple of years ago, freeing frank whether she

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Speaker 3: will appeal it again and prolong this injustice.

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Speaker 1: Kevin Frankie has long questioned Oregon Attorney General Ellen Rosenblaum's motivation.

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Speaker 2: She's spending millions of dollars of Oregon's money that they

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Speaker 2: don't have to spend on this. He's innocent. Why are

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Speaker 2: they doing it?

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Speaker 5: And it's blatantly obvious to me that she doesn't want

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Speaker 5: to open up the case. She doesn't want a new investigation,

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Speaker 5: she doesn't want uncorrupted eyes looking

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Speaker 1: At For now, frank Gable remains a free man, but

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Speaker 1: the question remains who killed Michael Frankie