Terrence Franklin's DNA reportedly found on gun; family's attorney says evidence was planted

Categories: Crime, Police
terrencefranklinrect.jpg
More than three months later, the circumstances of Franklin's death remain controversial.
According to forensic tests,Terrence Franklin's DNA was on the trigger of a police submachine gun involved in the struggle with officers that culminated in his death, the Star Tribune and WCCO report. The finding suggests Franklin had control of the weapon in the moments before he was fatally shot and killed in a Lyn-Lake-area basement on May 10, though attorneys representing his family claim the forensic evidence was planted.

SEE ALSO: Green Bay PD explains why it outed Mpls cops for being racist, homophobic jerks [VIDEO]

Franklin's family members and attorneys representing them allege police had no need to shoot Franklin multiple times and kill him. On the other hand, the account of events leaked to the media by authorities portray the situation as one where officers shot Franklin because they had good reason to believe he was about to shoot them.

As we've extensively covered, on that May afternoon, Franklin was on the run from police after he was identified as a burglary suspect. Following a wild chase, he ended up in the basement of a home on the 2700 block of Bryant Avenue South. He didn't come out alive, but what exactly happened remains controversial.

Some allege there was a racial component to Franklin's death. Concerns about racism within the MPD were subsequently exacerbated by news of two incidents in which MPD officers used racial slurs in reference to black people.

Attorney Michael Padden, speaking on behalf of Franklin's parents, doesn't buy that the newly disclosed forensic test results represent the truth.

"It's our contention the DNA was planted. The DNA being on the gun fits exactly into our theory of the case," Padden told the Star Tribune. "This is no surprise at all, and we have expected this from essentially Day One."

WCCO reports that Franklin's case will be heard by a grand jury next month, which is standard when someone is killed by police. Grand juries don't have to hear both sides of a case, but even if they don't pass down an indictment, it's likely Franklin's family will pursue a wrongful death lawsuit against the city.

In an interview with the Minnesota Spokesman-Recorder, Hennepin County Attorney Mike Freeman said he's skeptical that on-duty police officers ever have any sort of malicious intent when using a firearm.

"Good people can disagree with this, but police officers never shoot their gun unless [they] fear for [their] life, your life, or someone else's," Freeman said. (Curiously, that quote has been removed from a subsequent version of MSR's interview with him.)

Meanwhile, citing "sources with knowledge of the situation," the Strib's report about the forensic testing results provides the most detailed account of what happened in that basement to date:
Minneapolis police Sgt. Andrew Stender, a K9 handler who was leading the department's SWAT team into the house, went into the basement and unleashed the dog, which charged at Franklin and began biting him, according to two sources with knowledge of the investigation. Franklin broke away and went behind a water heater.

The dog began pulling him out, and Franklin stood up. Stender shouted at Franklin to put his hands up. When Franklin didn't cooperate, Stender started to drag Franklin out by his head as the dog kept its grip on his leg.

Stender, thinking he had the situation nearly under control, moved away to allow officer Peterson, a member of the SWAT team, to step in.

Another struggle ensued, and Franklin broke away and leapt toward officer Mark Durand, another member of the SWAT team, who was standing nearby with an MP5 submachine gun.

The sources said Durand struggled to hold the weapon down -- it was on single-shot mode, not automatic -- but Franklin was able to point it up and fire twice, shooting two other officers, Meath and Ricardo Muro, in the legs.

That's when Peterson, who was wearing a bullet-resistant vest, put himself between Durand and Franklin, who was still trying to get off another shot, and fired the shot that killed Franklin, the sources said.
-- Follow Aaron Rupar on Twitter at @atrupar. Got a tip? Drop him a line at arupar@citypages.com.


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41 comments
bryanflake1984
bryanflake1984

I wonder if any Fort Lauderdale Wrongful Death Attorney's have every had a case like this?

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laxx1559
laxx1559

This seems fishy.  It feels like the officers didn't follow protocol

AlwaysVigilant
AlwaysVigilant

Good crime lab work can end up meaning nothing if the crime scene is controlled by an officer who has no integrity?   It was controlled by Ofc. Petterson who was proven to lie in police reports (refer: Nancy Johnson case), whose history of brutality has cost $700,000 in settlement money, and who was one of 8 officer's whose misconduct (lies) led to the end of the Metro Gang Task Force.      

Forensics, DNA, and any scientific process must rely on an process that can be trusted to objectively lead to truth.    This is where the MPD has a problem.     Continuing to employ an officer who is proven to have no integrity (Peterson) and put them in control of crime scenes essentially corrupts the evidence collected from crime scenes.     If officers are not worthy of the public trust (eg proven liars like Peterson) then how can the public easily trust them to not tamper with a scene?     Any good forensic lab work done in relation the the Terrance Franklin case has come from a crime scene that a proven liar controlled and had a vested interest in altering.     No one can prove DNA evidence was planted.    BUT......

But, the MPD cannot prove the ex-Metro Gang Task Force officer and proven liar (Peterson) did not plant said evidence.     This is the price you pay for keeping and protecting an officer who has proven he is not worthy of the public trust.   

digo0987
digo0987

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AlwaysVigilant
AlwaysVigilant

Ofc. Peterson (the killer) has been proven a liar.   He put a woman (Nancy Johnson) in jail by lying on police reports, but video evidence exonerated her.     This cop is dirty - don't trust his story.    Ofc. Peterson's brutality has resulted in $700,000 in settlements yet he has always been protected by the PD & Co.Attny Micheal Freeman.    Why?   Why is this known thug still in this position requiring the public's trust and confidence?  

As for evidence, just recall the Fong Lee (unarmed teen) killed by a St.Paul cop.   Video showed he had no gun but there ended up being a gun next to Lee's body.    The gun turned out to be one that was reported stolen and was supposed to be in the police evidence locker awaiting a trial.      The Mpls officers formulated their story before they ever left that basement, or let anyone else down there.    If St. Paul police can plant a gun......

Mpls police in a basement with a body riddled with bullets to the back can try to plant finger prints & DNA on a gun.

gaelkf
gaelkf

Bad things can happen when you are in a home that doesn't belong to you, and the owner didn't give you permission to be there.

MicheleBachmann
MicheleBachmann topcommenter

This proves Stender,  Peterson, and Durand should be fired.   Peterson and Durand are members of the SWAT team.  They get paid extra to be good at subduing criminals yet they were overpowered by one guy?   If this is the story the cops are really going with why won't any of the cops be fired.  Durand must be weak and stupid to get overpowered by a guy who was being attacked by a police dog.  This story doesn't make sense.  This guy was able to overpower a dog and 5 cops and shot two of them?   Was this guy Jet Li or something?  

Stuttering John
Stuttering John

I'm sure that's exactly what happened. It's an OFFICIAL police report. It's also really easy to commandeer an mP5 from someone who has it strapped around their shoulder and back. Lulz

Austen Patrick Carey
Austen Patrick Carey

It is a sad and tragic ending to a criminal but the law had a reason to use the force it did. Allegedly grabbing a police officers gun, breaking and entering and robbery. Did he deserve to die, no. He did commit crimes and ultimately chose his own fate.

Nicholas S. Goers
Nicholas S. Goers

Well of course it was planted! Probably racial profiling too????

Erika J. Dani
Erika J. Dani

one of my neighbors on a motorcycle was almost hit off the dowling exit off 94 by a police officer last night or the night before. the officer ran a red light with just his lights on, no siren. said police officer then turned off lights when he was through the light, so it was obviously not an emergency. they clearly haven't learned from their other incident where they actually killed someone.

Joe Strom
Joe Strom

The family can go plant tulips then.

Alison Draper
Alison Draper

I agree I feel in many cases police use force beyond what is needed to control the situation. But here they were in the right. Who knows what he was going to do next. He had already shot the gun once. What was next.

Erika J. Dani
Erika J. Dani

A lot of people are probably going to disagree on this, but I just don't get the people who are running around with justice for Terrence Franklin shirts. The guy burglarized a house, ran from police, hid in a different house, tried to get a gun out of police hands, resisted arrest, fired shots in the air with an officer's gun and the officers shot him because he stole their gun and was shooting it. This case is NOT the same as Trayvon Martin, who was an unarmed kid who had NOT committed a crime on his way home. It is unfortunate that Terrance Franklin died, but police can't just let someone steal and shoot their guns and not do anything about it.

Alison Draper
Alison Draper

Wondering what ever happen about the guy on the motorcycle driver hit and killed. Obviously Minneapolis police are going to make it his fault for not seeing their lights. And push it under the rug.

balance55113
balance55113

of course someone's little baby could never do such a thing but he was a burglary suspect and ran from the police...if he wasn't guilty why was he running from the police in the first place?  bad people do bad things even if parents can't believe it!!!!

Angela Salzl
Angela Salzl

He got what he deserved.... He's a criminal either way.

laxx1559
laxx1559

@Stuttering John Police lie all the time to protect their breathren.  I really doubt that what they said is 100% true.  They're human, police aren't fully truthful.  I find it hard to believe the man with a 100lb dog attached to his lower body was able to overpower all those cops

digitalprotocol
digitalprotocol topcommenter

@Edward Bertsch cops gonna kill minorities

digitalprotocol
digitalprotocol topcommenter

@Austen Patrick Carey not really choosing and prob not much of a choice.


jail or escape- what would you choose?

CinBlueland
CinBlueland topcommenter

@Erika J. Dani Or.. It could have been a code 2 response which means no siren, or possibly a silent response so as not to alert the suspect/s.  Try not to project so much. 

No I'm not MPD's biggest fan, but you're making a logic jump without all the facts

TC4L
TC4L

There's no room for any violent thugs in our society.  Trayvon's record showed he had a short fuse and was quick to resort to violence.  If you want to bash someone's head in or rob a house, there's a chance you may get shot.  Hate to say it but society may be better without either one of them.  Really wish they could have found help before it was too late.

kennyX
kennyX

@balance55113 His parents don't give a fuck that their ghetto thug son is dead, all they care about CA$$$$$$$$H MONEY.  Sadly, that is the mentality of these types of people.

TC4L
TC4L

Trying to get that six figure check from the MPD.  Or settle out of court for less but since they didn't do anything wrong then don't give the family shit.  You break into a house and you're risking getting shot by the owner.  You run from police and get shot then you were lucky to have that extra few minutes.  I'm really getting sick of criminals like this.

MicheleBachmann
MicheleBachmann topcommenter

@TC4L Trayvon had never been arrested or charged with any crimes.   George Zimmerman had been arrested for fighting with a cop and his ex fiance had taken a restraining order out against him for domestic violence..  George Zimmerman has a history of violence and shot an unarmed teenager who was walking to his parents place.   You are a bigot who makes up nonsense because you are happy to see a teen shot dead. 

barbertj23
barbertj23

While this is off topic I feel that it is important to bring up Zimmerman's legal history with violence and aggression any times Trayvon's is brought up. 

MicheleBachmann
MicheleBachmann topcommenter

@kennyX Fuck you City Pages for tolerating this racial bullshit.  When is kenny going to get banned?   If you won't do it maybe we need to start calling the sponsors on your webpage and seeing how much they like to sponsor kenny's bigotry.  Kenny has threatened to kill and rape me.  He's threatened other posters with violence too.   What the fuck does it take Rupar you racist asshole.  Take care of this.  It ruins the discussion.  "flag" is a fucking joke.  

MicheleBachmann
MicheleBachmann topcommenter

@TC4L You are a stupid dipshit.  You don't know what happened to Trayvon Martin.  The only person left alive is George Zimmerman the violent criminal who didn't listen to police.  Then for some reason conservatives all decided they know exactly what kind of person the dead black teen was and what he must have done that night.  For some reason conservatives did everything they could to smear this dead teen.  You are just a stupid asshole and deserve to be called out for it. 

TC4L
TC4L

Yes.  I love to see teens shot dead.  That is correct.  I'm a horrible person.  I visit CP about twice a day and see you comment bashing every article.  May want to find a job where use of the mind is needed.  Thanks.  Like my comment said, don't fight people and you won't get shot.  Don't break into houses and police won't shoot you.  Seems pretty simple.  But you like to think the worst of everyone because you're perfect.  Haha

nosalt
nosalt

@kennyX @barbertj23 Because you would just ignore a guy that was following you while talking on a phone, right?

kennyX
kennyX

@barbertj23 And what purpose would that serve? It doesn't change the fact that Trayvon was the one bashing Zimmerman's skull in.

sosmpls
sosmpls

@MicheleBachmann @sosmpls @kennyX  

Nice way to start a comment. Nothing I said was racist. In fact, the word no longer has any meaning since liberals use it against anyone who disagrees with them. You were spouting BS about St. Trayvon, thou it has nothing to do with this topic. I'm glad you get "lots of likes" though. LMFAO!

MicheleBachmann
MicheleBachmann topcommenter

@sosmpls @MicheleBachmann @kennyX Fuck you and fuck City Pages.  I'm only uncivil to racist dipshits like Kenny, ming, kurt, and Cin.   City Pages should be ashamed of what kind of discussion they allow on their boards.  Unlike you stupid bastards if City Pages would actually enforce civility I would never be banned.   As long as I don't see racist dipshits I wouldn't get in insult wars.  I'm actually capable of posting facts and having a discussion.  I happily do it with swmnguy all the time.  I crack jokes that get lots of likes.  Kenny, ming, Cin, and kurt only post racist, homophobic, trolling bullshit.  

sosmpls
sosmpls

@MicheleBachmann @kennyX Give me a break, you are the most obnoxious poster here. Your abuse of the beautiful Ms. Bachmann's name says it all. "A LYIN' LIBERAL LOSER!"

mingtran
mingtran topcommenter

WHAT A BITCH!!! You are bitch of the year

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