Original subtitles

Find a different sub for plumbing on the Sunnyvale job.

Call Wilkins and see if he'll give us 15 more days for payment.

Kevin, there's a guy getting out of a cab that looks a lot like your brother Mike.

What the hell are you doing here?

I don't know.

Hi Katie.

Hi Mike, how you doing?

This is Sandy Wilson, my brother Mike.

Hello.

Hello, nice to meet you Sandy.

Come on, show me around.

Linda Maloney, this is my brother Mike.

Hi.

Linda Maloney.

Merle Sorenson, my brother.

Hi.

Nice to meet you Merle.

So where's Binkta?

Binkta, that's my wife.

She's in Oregon.

I was in Atlanta.

I'm going home tomorrow, but I hadn't seen you in a while.

I thought my brother needed a hug here, huh?

My little brother.

Business looks good.

Yeah, got to stay on top of it every minute, you know.

It falls apart.

Move and shake, move and shake.

Sorry, last thoughts.

Careful of snakes.

How's Oregon?

It's not New Mexico.

I'm stepping on some toes.

Yeah, what's new?

Yeah, this time it's different.

I've got a clean house.

I found some things that aren't right.

You serious about snakes?

Yeah, I killed a moccasin down here three weeks ago.

I think this ball's locked.

I got to really move.

I'm going to make the plane, huh?

Things okay?

I should say goodbye to Katie.

No, no, let her sleep.

Come on, I got this.

You know, I think I like the one with that patio.

This one?

Yeah, that's it.

Okay.

Kevin, you've got a long distance call from Oregon.

Katie will take it.

She's got them on hold.

It's important.

One second, I'll be right back.

Thanks.

Hello?

Am I speaking with Kevin Franke?

Yes.

Kevin, this is Dick Peterson.

I'm the deputy director of the Department of Corrections in Oregon.

What's going on?

Look, I'm sorry to have to tell you this,

but your brother Mike has been murdered.

We're all in a state of shock here, Kevin.

His body was found after midnight up at the dome building where he worked.

An alarm had gone out for him earlier around eight o'clock.

because his car had been found open in the parking lot.

We did a search of the building, but we didn't find him there.

He was shot, I believe. At least that's what I heard.

His wife Bink is apparently out of town at her mother's.

Do you happen to have that number, Kevin?

Are you there?

Kevin?

Yeah.

Hi, I'm Jim Glaser. I work for your brother.

We've already got your brother, Pat.

Hey, listen, I'm very sorry about this.

What do you know about what happened?

Did they tell you Michael was stabbed in front of the dome building?

I heard he was shot.

No, I think he was stabbed yesterday evening around seven or eight o'clock.

Give me a big one.

The governor.

Hi, I'm Neil.

Thank you.

Pat Frankie.

Hi, Pat. My condolences.

Thank you.

That leaves Kevin. Kevin, sorry.

This is Dale Penn, district attorney for Marion County.

Sit down, please. Let's all sit down.

I want to say how deeply hurt and troubled I am by Mike's death.

And to tell you that if there's absolutely anything we can do for the family,

that the state of Oregon can do, we'll be more than happy to do it.

And let me stress this.

You're not to worry about your expenses through this whole thing, all right?

We're as much a family business here as we are a state government.

And believe me, we'll do everything within our

powers to find the perpetrator of this crime.

You think it was one person?

Dale, why don't you tell these good people what you can at this time, please?

Well, there's not much, actually.

Your brother's car, your husband's, ma'am, was parked in front of the dome building.

The way we see it, he was stabbed at the car and then

staggered over to the North Portico before he died.

A window was broken there as if he tried to get in.

I hope you understand it's very important in a case

like this not to let the public know everything.

Investigators have to hold back a certain amount just so

they have something to check witnesses' stories against.

In other words, no talking to the press.

Is that agreed?

When Dick Peterson called and told me that Mike was dead, he said they conducted

a search for him earlier in the evening, around 8 o'clock. Is that right?

That's correct.

But they couldn't find him. Then his body was found in front

of the building five hours later. Does that sound right to you?

That's obviously one of the things we're looking into.

When he was discovered missing, when the police called?

No.

Did he have his wallet?

He had his watch in his wallet.

No.

Anything missing from his car?

Not that we know of.

Well, what about the autopsy? I mean, do we have a copy of that?

What can we do?

You're going to have to trust us on some of these matters. We're at the very early stages

of this investigation and at this point, we're not even certain of everything we have.

Does that mean no?

For the moment, I'm afraid so.

Where's the North Portico?

That's where your brother's car was parked.

Kevin? Yes.

Jack Stewart, head of the criminal division, state police.

I was just telling the others how sorry we are about this business.

Oh, thanks.

Kevin, this is Mary Flynn, Mike's secretary.

Hi. Hello. Mike spoke often of you.

Thanks.

Look, we can't get into his office until the

police are out, so why don't we just come back?

Yeah, okay.

Hey, Kevin, is Sergeant Gordon unsold? He's in charge

of the investigation. Under my direction, of course.

Uh, can I speak with you for a minute?

Yeah.

Over here, if that's okay.

I need to ask you these questions, and it'd be better

if I asked you them now, if it's all right with you.

Yeah, sure.

Was your brother a heavy gambler?

You ever play poker?

College.

That's all?

He was a casual poker player in the way that

a lot of people are, but he was in no way...

He didn't pursue the sport.

Did he have a lot of girlfriends?

Any girlfriends you know of?

No, none that I know of.

What we're looking at now is your brother probably surprised someone who was

burglarizing his car, there was a scuffle, and your brother ended up dead.

These things happen all the time.

Car clouds, we call them.

A few months ago, a state senator was attacked

a couple of blocks from here. Bike burglary.

Now, if they kill you for your bike around here, they certainly kill you for your car.

Don't worry.

We will catch the son of a bitch that did this.

You see any targets?

No Clay pigeons, nothing.

You know about this?

He checked out a riot gun last weekend.

Is this a habit of his?

No.

Then what was he shooting at?

He wanted to get the handling down. It's not just any shotgun.

I mean, you can recap with it if you don't know how to use it.

Mr. Frankie. Kevin Frankie?

Yeah.

Could we get an interview with you?

No, I'm sorry, I can't talk to you guys. We got instructions from the DA.

May I ask you a question off the record?

No, I mean, there's really nothing I can talk about.

Look, here's my card. Please take it, and if

you feel like calling anytime, just do it.

You know, there are people around the state who

thought your brother might be governor one day.

Best of luck.

Two years ago, he came to Oregon as Governor Neil Goldschmidt's

main architect in overhauling the state's overcrowded prisons.

Today in Salem, Marion County District Attorney Dale Penn held a news conference

at which he revealed new information on the murder of Michael Frankie.

I want to inform you that we have a suspect.

A man, about six feet tall with medium length dark

hair wearing dark pants and a tan trench coat.

An eyewitness saw him running away from the scene of the crime.

We're also looking for a man with olive skin wearing a pinstripe suit.

He was seen inside the dome building at about 6.30 that evening.

He's not a suspect, but the police would like to talk to him.

Any questions?

Do you have a motive?

Well, we're not ruling anything out at this point.

It could be revenge for something, or a car burglar with a knife.

Michael Frankie, dead at 42.

This is John Nelson in Salem.

Department of Corrections, Janet speaking.

Could you tell me what time the dome building closes in the evening?

Five o'clock.

Is it locked then?

Yes, sir.

That means you have to have a key to get in, right?

I believe so. Who am I speaking to, please?

Oregon State Police.

Yeah, could I speak with Sergeant Unsold, please? This is Kevin Frankie.

One moment.

Hello, Kevin.

Sergeant, have you found the man in the pinstripe

suit who was spotted in the dome building?

The guy you wanted to talk to?

No.

Do you know who he is?

No.

Is he a suspect?

No.

Why not?

There's no reason to believe he had anything to do with the murder of your brother.

How can you know that if you don't know who he is?

He was in the building an hour and a half after it was locked.

Now he had to have a key, or somebody had to let him in.

Why isn't he a suspect?

No.

Sergeant, I was thinking that our family would like

to have Mike's body studied by a forensic specialist.

He's buried, Kevin.

Then we'll dig him up.

We've already done an autopsy.

Our family's not going to know what's in your autopsy.

Kevin, I can't release an autopsy without Dale Penn's permission.

Kevin, 9-1.

Yeah.

This is Major Stewart.

I've got a conference call here with Dale Penn.

Hello.

Hello, Kevin. I understand you want to have an independent autopsy done.

Yeah.

There's no reason to put yourself or your family through that ordeal.

We'll send the autopsy report over.

Great. When?

Look, Kevin.

He was stabbed through the heart.

There were two, possibly three stab wounds to the chest.

Virtually nothing else.

Save the wounds to his hands, which were probably defensive wounds.

Come on, Kevin. Don't wave.

Oh, Jesus Christ. Wait a minute.

Sorry, Dale. I was interrupted. What about his hands?

The wounds to his hands were probably defensive wounds.

or wounds he received knocking out the window of the portico door.

That's all the wounds there are.

Okay, Dale.

When you send the autopsy report, would you

please send me some pictures of my brother's body?

I don't think I understand.

Well, like police photos of my brother's body, the way it was found.

I'm trying to put together in my head what actually

happened, but with absolutely nothing to work with.

They're waiting for you.

Okay, we'll do that.

My brother had told me that he had found something in the corrections department

and that he was going to have to clean house.

Now, I think that has something to do with his murder.

You got that, Major?

You going to be all right, Kevin?

Yeah. Yeah, I will be.

Thanks.

This what you're looking for?

Kevin, what?

The autopsy report, they only sent half of it,

but they did send, they blacked out most of it.

Let's talk about it.

What the fuck are you talking about?

Channel 4 News, John Nelson here.

This is Kevin Franke, Mike Franke's brother.

I was wondering why the man in the pinstripe suit is not a suspect.

Is this off the record?

No, no, this is not off the record.

I want to talk to somebody about what's going on.

A week after Michael Franke was murdered,

investigators released a description of a man observed running from the scene.

Police believe he is the killer.

They also said they were seeking information on a man in a pinstripe suit.

who was seen inside the dome building at about 6.30,

a half hour before Franke was killed.

The state police commissioned one of Oregon's best police artists

to draw a composite from witnesses' descriptions.

Now they've shown it to the employees inside the dome building,

but for reasons best known to investigators have refused to release it to the public.

Nevertheless, Channel 4 News yesterday acquired a copy of this composite.

Do you know this man?

Who is he?

I don't know.

Kevin Franke?

Kevin!

How are you doing?

Fine.

You?

Listen, do you know who the man was.

that saw the guy running away from the dome building?

You know, the witness that the cops talked about?

Want a cup of coffee?

Okay, I'm ready.

I'm just here.

Yeah, you're fine.

Kevin Franke, why did you move to Salem?

I'm here to investigate Mike's murder.

You're not satisfied with the job the state police are doing?

I just think they're spending too much time investigating the idea

that my brother's murder was the random act of a lone car burglar.

But Mike told me shortly before he was killed

that he found something in the corrections

department and was going to have to clean house.

I think that he uncovered a criminal element in his department

and was killed to keep it from being exposed.

Did you give this information to Marion County District Attorney Dale Penn?

Yes.

Yes.

Look, there's no evidence at all of a conspiracy that involves Michael Franke.

I'm not involved in a cover-up.

It's my number one goal to solve this case.

More than 2,000 people, most of them students,

marched in Estacada today to protest drunken driving.

A mother and three children were killed earlier this week

when they were struck from behind by a suspected

drunken driver as they walked along a highway.

Sunshine and blue skies for tomorrow's Rose Festival parade.

Marty Edwards with the weather after this.

Channel 4 News, this is John Nelson.

Hi, it's me.

We found the witness.

He's a maintenance man at the dome building.

Kevin, this is Wayne Hunsacker.

Hey, John.

Hey, Kevin, nice to meet you.

Mr. Hunsacker says he'll tell us what he knows.

Great.

What I said was I wondered what took him so long to find me.

I'll tell you what I told the police.

Okay.

I was coming out of that door, and it was just after seven.

And I was going along here, and I was going to my car up there.

And it was right about here that I heard this sound.

You know, like somebody had his breath knocked out.

You know, kind of a grunt sound.

And I just turned.

And just for a fraction of a second,

I saw two guys facing each other by that sign there.

And then they separated.

The one guy, he runs off that way.

He stops at the street.

He walks across it, goes out behind that

generator and comes around that building there.

At the same time this guy takes off, honey,

this guy, he turns, walks across there,

and then up the steps.

The police think the guy who walked up the steps was my brother?

Yeah.

Did you identify him as my brother?

No.

What about the guy who ran?

I mean, his back was to me.

I saw him for a second.

You know, he looked like a businessman to me.

You know, he didn't look like nobody that came from underneath the bridge.

Could you identify him?

No.

How big was the guy who walked up the steps?

Six foot, give or take an inch.

Maybe 175, 180 pounds.

Was he wearing glasses?

I couldn't see that.

If I stabbed you in the chest, you'd double over, right?

But it wasn't like that.

I mean, it was just like two guys who were

standing there talking to each other for a while.

Just normal conversation.

Sergeant, I spoke with Wayne Hunsacker.

and I was wondering why the man he saw walking up the steps

to the dome building wasn't as much a suspect as the man he saw running away.

Your brother's body was found in a portico, that's why.

Yeah, but the man Hunsacker saw walk up the

steps hadn't just been stabbed through his heart.

You don't know that.

You think I could stab you through your heart?

And you'd casually walk away?

The guy Hunsacker saw did not even use the banister going up the steps.

Look, your brother left his office at a certain time.

There's a time frame here.

Now in all probability, the man Hunsacker saw.

was your brother.

According to Hunsacker,

the man he saw was maybe six feet, 180 pounds at the most.

My brother would have been six foot five

in his cowboy boots, which he was wearing at the time,

and 235 pounds, and that's a 55 pound difference.

Now my brother was wearing glasses.

Hunsacker didn't see any glasses.

Hunsacker's general description of the guy

isn't even close to the general description of my brother.

Now come on, don't you think we can work

with a higher level of probability than that?

How about my brother was already dead up on the porch when Hunsacker saw his two men?

What about the sound he heard?

Maybe that was Mike up in the portico collapsing.

I don't know, shit.

Where's his knife?

The guy running away, where's the knife?

Hunsacker turned when he heard the sound

and the guy runs away, where's his knife?

Hunsacker did not see a knife.

If your brother's already dead up on the portico,

what is this guy doing going back up there?

If he were the murderer, he'd be getting out of there.

What if it was a person who worked in corrections?

What if it was somebody who could account for his being there?

If interrupted, he would say,

oh geez, I just found Mike's body here.

You think of that?

Kevin, we're this close.

You still think it's just one man that did this?

Be patient.

We've almost got him.

Hey, listen.

There's an attorney in the building here

who says he has something we might be interested in.

He defended a woman who shot her sometime boyfriend.

a couple of weeks after Michael was killed.

Kevin, come on in.

I'd like you to meet Liz, Elizabeth Godlove,

and her sister Karen Tate.

Okay.

Gary, you can just see her outline, right?

Can't see her face?

We hope this will protect your anonymity.

Comfortable?

Did Tim Natividad ever talk about killing someone?

What he said was,

he was threatening to take my life and he said that he could

kill me very easily because he had killed a man before.

You think it's possible Tim Natividad killed Michael Frankie?

I wouldn't put it past him to do that.

Any other reason?

A picture I saw on TV of a man seen in the

dome building looked like Tim to me and I said,

oh my God, that looks like Tim to me.

Which picture, the composite drawing

of the man with the moustache in a pinstripe suit?

Did he ever mention talk about contract killing?

He just told me that he had committed crimes and that he was big time.

Did you ever hear anyone talk about killing for her?

His little brother Ted asked me if somebody had hired me to kill Tim.

Is that what you mean?

What did you answer?

No.

God, no.

Why would he ask that?

Okay, okay.

Somebody want to hit the lights?

That was very helpful, Liz.

Do you have a picture of Tim?

I have one at home.

Him and Anthony.

My son.

Did you ever tell the police you thought the man in the composite was Tim Natividad?

Oh yeah, I told them.

They laughed in my face.

They said you can't convict a dead man.

I wish we had that on tape.

Yeah? Who?

Yeah?

Yeah, okay, thanks.

There's other media downstairs.

It wasn't me, Paul.

Liz, you want to talk to these people?

I know the way out.

I live here.

I can get you down on High Street and you won't even bump into these folks, okay?

Karen, we'll send someone around to get those photos.

Okay.

You better move.

Liz?

Liz?

Would you like to go to dinner sometime?

Maybe have dinner?

Would you like that?

I'm moving.

Tonight.

And tomorrow, so.

this.

is my.

new address.

Friday at six o'clock, okay?

Sure.

You got a phone?

No. Thank you.

Yeah, nice to meet you.

Did you get it?

That's him.

That's him.

That's Jesus. That's him.

There's a vague resemblance.

Vague?

This is the same guy.

Well, we showed photos of Natividad

to the people who saw the man in the dome

building and they didn't feel it was the same guy.

Did you show them this photo?

Show them this photo. You can show them this photo. Here.

Believe me, we looked into this and nothing came of it.

Kevin, look.

This woman God love was making up stuff

to try and paint the guy she killed in a bad light

to get her ass out of a sling.

Now don't believe everything everybody tells you.

Sergeant, these are pictures of the same guy.

Now come on, look at his eyes.

See his nose?

See the mustache, how it goes over like that?

I mean, look at the little thing on his chin.

See, that's exactly the same.

I mean, this is a drug pusher and he's in the dome building after it was closed.

Don't get involved with these people, Kevin.

They're dangerous.

What people?

You have no idea what you're getting into.

What people are you talking about?

Come in.

You want a beer?

Sure.

This your son?

Yeah.

Is he here?

He's back tomorrow.

My mom and her husband took the grandkids down to Disneyland for a few days.

So, um, he's still up for dinner?

Show me your place.

What was that sound?

It was my deeper.

I gotta make a call.

Mine's shut off.

What's in your briefcase?

Gone.

Do you mind?

Can I see you again?

I'm here.

Where were you?

It was five o'clock in the morning.

Where were you?

It's where Liz.

Gone, Kevin.

You weren't at the office.

I thought maybe you were dead.

Look, they've got a man they say murdered your brother in the Coos Bay jail.

Frank Gable, he's been there a while.

Now he's picked up on other charges and we're on our way up there for an interview.

I thought you'd want to know.

You ever heard of him before?

No.

What have investigators told you about the case?

They say they have their case.

They have these certain people rolling on me.

Cappy Hardin and some girl Jodie Swearingen saying she's seen me run away from there.

And some tweakers who say they heard me say I did it.

Just trying to scare tactic me.

Who are the people that saw him do it?

Cappy Hardin.

Pusher.

Here he is.

Girlfriend Jodie.

She's what they call a bag bitch.

She goes with the guy who has the drugs.

They say that Gable was breaking into the car and Michael surprised him.

What were they doing there?

Cappy and Jodie?

I don't know.

You're going to be able to get to them?

I don't know.

What about the civet head?

He's not part of the police scenario.

What are you thinking?

This guy didn't kill Mike.

Not by himself.

Gable says a group of convicts.

all part of the meth crowd tweaks.

are trying to set him up.

to save their own skin or for revenge.

Revenge for what?

He was a snitch for the police.

If you were indicted on charges of aggravated murder

and you were offered the opportunity to plea bargain to a lesser charge,

would you?

No.

Not at all.

Because I know, see, if this case comes to trial, I'd beat it.

No question in my mind.

Because I know they need more than two dope fiends getting out there.

telling, yeah, I've seen him do it.

And I know I'm not the killer,

so I know they don't have no evidence on me.

So we're taking it to trial all the way.

Hi.

Hey.

Anthony.

Anthony, come here.

Come on, Anthony.

Anthony.

Where is he?

Anthony!

That was Anthony.

Who's the older boy?

Harry.

He's ten.

Do you know who Frank Gable is?

No.

Cappy Harden?

I've heard of him.

From Tim?

Yeah.

Do you remember anything about him?

How about Jodie Swearnji?

So, this guy who wants to meet you is an investigator for the defense.

But, Kevin, this is something that's truly between us and nobody else.

Nobody.

Right.

There you go.

Hi.

Kevin, this is David.

It's nice to meet you.

The swear engine file and everything we've got on the dividend.

Anything you can do to help us out in that area would be appreciated.

And I think we'll be able to get you Jodie.

What's her story?

Well, she says she was at the dome building with Gable

while he was jockeboxing cars and she called Harden to come pick her up.

He drove up just in time to see Gable kill your brother.

who had surprised him in the car.

She's 18 and every time she tells the story it's a little bit different.

Is she in custody?

She reports in once a week.

She stopped doing it.

What does that mean?

You can't tell with these people.

Those are copies of the autopsy photos.

It was nice to meet you.

See you, David.

Thanks, honey.

What's jockeboxing?

Going through glove compartments.

Want to get something to eat?

No, I think I'll walk back.

I just want to look at these, you know?

I'll be a bit. Later.

All right, see you.

This is what was done to the hand that went through the window.

Some bruises here.

It's like somebody held his arm back.

I think it was held.

I think somebody punched him in the face

and he broke his glasses.

Jody, you just indicated there was a warrant out for you.

Yeah, because I haven't been reporting in.

Reporting in to who?

The DA's office.

The police. Gordon Unsold.

Why aren't you reporting?

Because I just don't think they're doing things right.

How do you mean?

I mean, if they were doing everything right,

I wouldn't have been able to see Shorty and talk to him twice.

I mean, it just wouldn't have been allowed before we went to grand jury.

And they wanted to make sure that our stories jived.

When you say Shorty, you're talking about the state's

other eyewitness who can identify Gable as the murderer.

You met with him before you testified to the grand jury?

Yeah, right before.

Where is this?

In a room?

Yeah.

Why do you agree to talk with me, Jody?

Did you have any specific thought in mind?

I just don't want Frank Gable to die for something he didn't do.

See this file?

This binder right here.

Yeah.

There's over 36 entries in it.

Now, over two-thirds of these are statements.

that you apparently made to the police.

Yeah.

According to some of your statements,

you said that you met Frank Gable the first time.

on the night Mr. Franky was killed.

That's not true.

Did you meet him before or after Michael Franky was killed?

After.

Could you tell me why you said all this?

Because that, it was what everybody wanted me to do.

And they were not going to let me get out,

have any freedom until I went to the grand jury and said something to the grand jury.

I mean, I lied.

They wanted this thing over, they wanted this thing over worse than anybody does.

How do you know that?

Are you able to explain that to me or is it just a feeling that you can't explain?

Frank Gable is an escape goat.

And I mean, I don't want to go into this anymore

because all I wanted to do is say what needs to be said

to let Frank Gable off the hook and whatever because he didn't, he didn't do it.

Watch my lighter on.

You know, some people might interpret it

that you're telling me all this just to get him off

as opposed to that he actually didn't actually do it.

Well, he didn't actually do it.

So you're not just trying to change your story

because all of a sudden you had to find him hard.

No, no, no, no!

That's not it!

What it is.

I'm not going to be in at the trial, okay?

That's it, that's all.

What do you mean?

Why aren't you going to be at the trial?

Because I don't want to be at the trial and I'm not going to be.

So you just want to set the record straight.

before you leave?

Yeah, or before I die, whichever one way or the other.

Will you go away?

Just a minute, wait a minute.

Go away! I said everything!

Why do you refer to that you might die?

Because I'm not going to jail!

Did you see anybody at all?

Anybody kill Michael Frankie?

No, I don't want to answer that.

Jesus fucking Christ!

Alright, by you not answering it, you know,

it just sort of leaves it open.

that you may have seen somebody kill him.

No, it leaves it open for either way, it doesn't... Whereas, whereas...

It doesn't matter!

If you just said, no you didn't, that would indicate that you didn't.

Right, go away.

Did you know Tim Natividad?

I don't know why you can bring that name up.

Because his name's been in the news recently.

Can you turn off that? Just turn it off!

Gary, Gary, okay.

Did you see anything more about Tim?

No.

Just pissed off I brought him up.

She knows more about him.

Kevin, she got out of there, man.

She was...

I couldn't talk to her anymore.

Well, they're going to have to drop the charges against Cable now, right?

Everything she says destroys her case.

They'll probably just say

she didn't want to be labeled a snitch.

What about getting her and Harden together before the grand jury?

That's illegal, isn't it?

It'll always be her word against the police.

They'll say it didn't happen.

Or they'll say.

they were instructed not to talk about the case

and of course they didn't.

And people will believe them.

Because they need to.

Kevin, you wouldn't even be here

if it wasn't your brother.

Had John got the interview with Jody, I think...

When you ask her if Tim killed Mike,

she told him to turn off the camera.

I felt so strongly.

that Tim did it.

Not that I felt that I had to justify what I'd done. I just...

I felt it so strongly I don't believe it.

You know, it all made sense.

Tim came in one night real close to all this.

and he had a wound on his leg and he told me he'd been in a fight.

You didn't say all this when John was interviewing you.

Well, yeah.

I know a lot more, I think, but I don't want to go on TV with it

because the Natividads live here in town and I'm scared to death of them.

He was threatening to kill me and my family.

He had a gun to my head for more than an hour.

He was trembling.

And I thought I was dead.

I knew I was.

At one point,

I just knew it.

I don't like this story.

Tim flew off the couch

and I was just shaken.

and he goes,

I've had it, and he goes,

I'm gonna get your family.

This is it.

He's gonna kill us.

And I'm going,

Tim.

Tim, like, no, stop.

And he's just looking around and he says, where's my gun?

And I just...

There was a gun on the bed along with a lot of other stuff.

And I grabbed it and I remember running around.

and I don't know what to do.

I mean, I think I was just gonna, I was just gonna leave, you know.

I was just gonna get away from him.

and I couldn't get the door open because he locked all the locks and he had me.

He was right behind me.

He was gonna get me and.

I turned and I shot him.

I shot twice.

I didn't even think I hit him, you know.

Because I don't know guns and I...

It's okay.

What?

But you did.

It's okay.

I think you're being followed.

What do you mean?

The yellow cab?

Cops run them.

Are there two men in the front seat?

Bob Crace.

Bob Crace?

I never saw him with Tim but he used to hang out with TJ,

Tim's big brother in the old days.

I think he's somebody you could talk to.

Did I help you?

Yeah, I'm Kevin Franke.

Brother of Michael Franke.

Liz Godlove said you might talk to me.

You and Liz?

What do you want to know?

Anyone live in this trailer?

Mice?

You know who killed my brother?

Well,

I will tell you this.

About two weeks after the murder,

TJ Nitevodod shows up here trying to sell me computer tapes.

They got Department of Corrections stamped across the bottom of them.

Where'd you get these, I say?

My brother killed Michael Franke.

He said that?

Yeah, he said it.

Also said Tim got $40,000 to do it.

You tell the police?

Eventually.

Gave me a lie detector test.

Afterwards examiner says, say, you're telling the truth, ain't you?

And then?

I heard from him again.

What was on the tapes?

Well, I heard they were snitch tapes.

What's a snitch tape?

Immunity agreements with snitches.

I guess somebody wanted to know who was giving them up.

Who?

Do you know who?

No.

How would they know my brother would have them?

Well, they'd also have to know

he had them on in that particular night, wouldn't they?

And who's gonna know except somebody in the Department of Corrections?

Every time those investigators came around here,

I tried to explain why correction officials are involved.

It's got something to do with drugs going into prisons.

I think your brother knew about it.

Like the cops wanted that part to go away.

Do you know anyone else who spoke with the police?

The tippy-dah just popped into my life.

One day he calls me on the phone.

I never even knew him before.

He was at my wife's house.

In October, before Frankie was killed,

he starts talking to me about how I could take out people who had fucked me over.

He's baiting me, you see.

Because the next call,

he starts saying how he can get me out of here.

to take out somebody.

If I don't mind who the target is.

He says he'll get me paid.

if I don't mind where the money's coming from

since it all comes from the same place anyway.

Do you know who he wanted you to kill?

He said Top Man was getting too big.

and needed his arms trimmed.

He says nobody will ever find out who took out Top Man.

And he was gonna get you out of prison to do this?

And pay you?

And guarantee that nobody would ever find out?

That's right.

How could he do that?

He asked me what I think.

Yeah.

I thought it was coming down from corrections.

30 days.

Why?

Got any money?

About $400.

I'm gonna sell my cameras.

How much do you have to live?

Maybe 500.

They're worth a couple of thousand.

Liz,

would you talk to John again.

and maybe say some of the things you didn't say?

They're framing this guy Gable.

You know these guys,

these friends of Tim's,

I figure they're just gonna knock you off, you know?

No problem.

I figure they're just gonna come into my home and they're gonna,

and they're just gonna kill us all.

I,

I don't!

I don't!

I don't want to ignore my son.

I'm so filled with nothing.

Yes, I do.

Jerry, who killed Michael Franky?

Rooster.

Who's Rooster?

Tim.

Tim and Tim and Dad.

Was anybody else involved?

Shorty.

Shorty.

Shorty is Caffey Harden?

Yeah.

The same Caffey Harden

who says he saw Frank Gable kill Michael Franky.

Now, also the state's only eye witness

to identify Gable as the murderer.

Were you there?

Were you?

Jody Swearengen couldn't be trying to throw suspicions on a dead man

in order to get out from under the informant label, don't you think?

But Jody Swearengen is not the only person who believes that Tim and Timmy Dad

may have been involved in the murder of Michael Franky.

His former girlfriend, Elizabeth Godlove,

had this to say about her memory of that time.

About then, the night of the 17th,

Tim came home real late one night around 3 o'clock.

Seriously?

And he woke me up and I noticed that he,

I noticed he had a wound on, I think,

his lower left leg and it was bandaged.

And I asked him what happened and he said he'd been in a fight.

And I also noticed that he had a,

like a big red sore on his head, on his forehead.

And I asked how he got that

and he said he bumped his head real hard.

and busted it open.

Did he carry weapons?

He almost always carried a boot knife, almost always.

How was he behaving the night he came in

at three in the morning?

He scared, he scared me real bad.

His behavior was just unreal.

He would, he was really, you know, he'd cry and he'd shake.

And he was real violent towards me.

He was freaked out of his mind.

He was.

What do you say to all the people who believe

that Tim Natividad had something to do with the murder of Michael Frankie?

Look, the state's position is there's absolutely

no connection between Timothy Natividad and the death of Michael Frankie.

What you're telling me is speculation and rumor that doesn't make a connection.

We've seen no actual statements about eye witnesses

to the murder or directed missions by Mr. Natividad.

Jesus Christ, come on, we're coming, we're coming.

Hold your horses.

Sergeant.

Can we come in?

We need to talk to Liz.

About what?

Liz, we need to talk to you about an interview that you gave.

Sure.

This is Detective Bennett and Detective Stark.

Shall we go in here?

Sure.

Why don't we step outside?

I'd like to have a talk with you.

No, I'll stay here.

Come on, we can do two things at once.

They need to talk to Liz.

Well, that's fine.

They can talk to Liz right now.

I just want to hear what she has to say.

and what you have to say.

What's the problem?

I'm not going to say anything.

You won't even know I'm here.

I'm just going to write down everything she says.

Go with Bennett, Kevin.

No.

Why not?

Because it's my house.

I wasn't...

Is this true?

Okay, okay, okay, okay.

Everybody just sit down and we'll talk.

Our concern, Liz, is how certain your memory is

that Tim came home wounded on the 17th of January, the morning of the 18th.

Well, it was around then.

It's awful hard to be real certain.

Well, if you had to say between one and ten,

ten being absolutely certain, what would you be in this?

Two.

No.

It'd seem more like a six or a seven.

Well, that's awful high.

Why don't we split the difference?

A three or a four.

Well, I just say it never happened.

I thought you said you weren't going to interrupt, Kevin.

Why don't we just say it never happened, Gordon,

and we'll go on with investigation without you?

You're interfering in a police matter.

And you're not listening to her.

What do you do for a living, Kevin?

It's none of your business, Sergeant.

Do you have a job?

Liz here works at a Chinese restaurant.

I know about her. What about you?

You know, I bet you didn't pay attention in school either, did you?

We're trying to determine when something happened here.

Then why don't you listen to her?

You're not the first time I've seen a relative of a victim

who thought they could do it better than we can, but that's not how it works.

Then why don't you stop grooming her testimony?

What are you afraid of, Sergeant?

Who are you afraid of?

You know, as somebody... Who are you protecting, man?

Somebody's gonna get you.

Why don't you listen to the citizens of this state?

One of those guys is gonna get you.

Whose payroll are you on on so long?

I find that an offensive gesture.

You are messing with the wrong... I find it physically offensive.

You are stepping on the wrong toes.

Whose toes are we talking about, Gordon?

You better keep your ass out of these places, Kevin,

because when they go down, you're going down with them.

Are you threatening me?

I don't need to threaten you, you're a dead man.

No, he's threatening me.

You don't fucking threaten me in my house.

Come on, you're a dead man.

You're a dead man.

Do it, fucking do it.

I didn't open this fucking house.

She told you what you didn't want to hear and you can't fucking take it.

You get the fuck out of here.

She said she's 60 to 70 percent sure of 17th and the 18th after you give a fuck.

Go get dressed.

Frank Gable doesn't have the balls to kill anybody.

You're doing pretty well.

Be back in a minute, Ma.

Yeah, he's a follower, not a leader.

He doesn't have the guts to stand up for anything.

Here it is.

You straighten it up a little bit and choose to stay in as long as you like.

I don't think it'll happen.

What?

I don't think it's going to come out at the trial.

What's not going to come out at the trial?

Tim Nutt tippy dad.

His name will come up.

It's not going to come up.

What happens when Jody gets on the witness stand?

He's not going to say she thinks the tippy dad did it?

Well, she's going to be instructed not to mention his name.

By who?

The court.

Why?

The prosecution asked it.

What about Bob Crace?

Liz?

TJ?

No, the jury's not going to hear his name.

They're not going to see Nutt tippy dad's picture and compare it to the composite?

No.

Nutt tippy dad is where proof of a conspiracy is.

That's right.

This is wrong.

Nutt tippy dad is where the reasonable doubt is.

Maybe Gable was there, but he wasn't there alone.

Nutt tippy dad was there.

Can you say something?

What do you think?

There you go.

Do you know how I can find Jody?

No, I think she's about to drop out of sight again.

If you had to find her.

I mean, can you help me?

Hello, Jody?

Yeah.

This is Kevin Frankie.

I'd like to talk to you.

I just want to talk to you, Jody.

Don't touch her or anything.

I bet you feel really fucked up about it.

Or what?

I've been thinking about this forever.

It just goes on and on and on.

I'm screwed up.

I can't even talk.

Everything's gonna be okay, they said.

You believe that?

Who said that?

Fucking cops.

Those polygraph tests are so fucked.

They are.

They aren't for real.

Unsolved is so mad.

He was slamming things around the room.

He thought he was gonna intimate me.

I was laughing at him.

He was spitting on himself.

He was so pissed.

They're full of shit.

You're all fucking full of shit.

Nobody gives a shit about Tim getting killed.

Fuck you, don't.

You're living with a fucking bitch to kill them.

You don't give a shit about that, do you?

That's why I'm gonna kill that bitch someday.

That's what I told the cops.

I started saying, well, you guys don't give a fuck about people that get killed.

That have to do with drugs and stuff like that.

And on and on and on.

What about the Tim and Dad I said?

What did they say then?

They stopped taking notes.

You know who killed my brother?

I don't wanna say. He might flush you.

Huh?

He might have to flush you.

It just got real dark.

I was so high.

Kinda took long strides up behind your brother as he opened the car door.

And grabbed his left hand on your brother's shoulder.

And he turned this way.

And he stabbed him and stabbed him.

Who stabbed my brother?

Who? Jody, who?

That's the place Tim met that guy.

What guy?

A suit. Different.

What guy?

He got in trouble in the state when he left in Arizona or some place.

Because I saw his picture in the paper he got busted some sex deal.

You remember his name?

It was in the paper.

He was a state official here before.

What kind of official?

You remember his name?

No, it was in the paper.

Salem paper?

Did you tell the cops?

Yeah.

What did they say?

Man, fuck them!

After we left, this guy Tim drove around and he showed me a house he was gonna buy.

He had lots of money.

This before Mike was killed?

Let me out here.

I can take you back.

No, here.

Here, let me out!

Jody, who killed my brother?

Let me out! Here, let me out here!

Listen, who killed my brother?

Wait, Jody, wait!

Our first witness, your honor, is going to be Jody Swearengen.

Would you come right up here, Miss Swearengen?

We need to have you sworn in this morning.

Would you please remain standing, raise your right hand?

This lady's gonna give you an oath this morning.

Under penalty of perjury, do you solemnly swear that the testimony you're

about to give shall be the truth, the whole truth, and nothing but the truth?

Yes.

Frank Gable was convicted of murder today for the

stabbing death of Corrections Director Michael Frankie.

He now faces a mini-trial to determine if the state

of Oregon will kill him with a lethal injection.

Reaction to the verdict was mixed.

This verdict validates what I've been saying for some time.

Gable acting alone killed Frankie.

I think we can now lay to rest all the speculation and media

stories about conspiracies, multiple assailants, and cover-ups.

They heard the facts.

That's what the system is, and it's a good system, and it works.

I'm shocked. I don't think Frank did it.

I know he didn't do it. We did enough investigating. Some

of it just didn't make it to the jury, for whatever reason.

Like what? What didn't make it to the jury?

Evidence that other people were involved in the murder, that

the crime was planned and talked about before it happened.

The jury heard Jody Swearengen swear to tell the whole

truth, but they didn't hear the court instruct her not to.

Now put your hands on the outside of the vehicle's door.

Now open the door with your left hand.

Go.

I can't.

Exit the vehicle.

Get back in the house.

Get those people back in the house.

It's all right, Bob. Get down.

Get back in the house.

Damn it, Kevin. Get down from the car.

My seat belt's on.

Driver, with your right hand, unfasten your safety belt and get out of the car.

Put your hands behind your feet.

Turn around with your back forces and get on your knees.

Turn around and get on your knees, Kevin. I'm not going to tell you again.

No. I'm not going to do it.

Kevin.

Kevin, are you all right?

Yeah.

Anthony, go with your mom.

Anthony, it's okay. Go with your mom.

Stay back in there. Keep it in there.

Kevin, get down on the ground.

I'm not getting on my knees.

All right. Walk in the direction of my voice.

Turn around. You don't have to get on your knees.

I'll face the car. I'll put my hands on the car, okay?

Okay, move. Put your hands on the car.

Where's your gun, Kevin?

Where's your gun, Kevin?

Oh, God! Dumb shit! Let me get my foot out of the door!

Where's the gun?

It's in my car.

It's in his car!

Don't move.

Where in the car?

Where in the car is your gun, Kevin?

In my briefcase.

It's in his briefcase!

You know you could kill someone with this.

Come on, get out.

I'm going to let you go.

We have no crime.

Tell me, what was this?

It was a stop.

This was a stop?

It was a report that you were menacing someone with a handgun.

I wasn't menacing anybody.

So what did you learn from Jody?

That I'm not done here.

Be careful, Kevin.

The next cop you get may not be as experienced as me.

Kevin.

What was that all about?

I don't think I'm going to go back to sleep.

You okay, Kevin?

Yeah.