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Defendant pleads not guilty in separate cases

Burglary, gun charges advance

A Butler man pleaded not guilty to two sets of charges, including the burglary of a Negley Avenue home in 2020.

Lamont A. Franklin Jr., 20, appeared before District Judge William Fullerton for two preliminary hearings Wednesday. He remains incarcerated in Butler County Prison on a combined $125,000 between the two sets of charges.

Franklin's attorney, Joseph A. Scioscia III, entered the plea and listened to testimony alongside his client.

The first case heard involved the Negley Avenue burglary in which Franklin has been charged along with two others, his uncle, Maurice A. “Little Philly” Franklin, 28, of Freeport, and Shawndell J. Zapata, 18, of Butler.

In that case, all three suspects are charged with burglary, robbery, conspiracy and terroristic threats. Additionally, the younger Franklin is charged with hindering apprehension, corruption of minors and the elder Franklin is charged with corruption of minors and four counts of reckless endangerment.

Heather Franklin first testified to the alleged break-in, during which she said those entering claimed to be police officers.

“It sounded like my whole back door was caving in,” she said.

Heather Franklin, who is related by marriage to Lamont Franklin Jr. and Maurice Franklin, said she was grabbed from behind by her mouth, making it difficult to breathe, before she was dragged to the ground and pinned down.

“He was on top of me holding my mouth,” she said. “I saw someone put a pillow on my son's face.”

Heather Franklin said she and her 15-year-old son had been sleeping on furniture in the living room that night.

According to charging documents, Zapata had grabbed the son while Lamont Franklin Jr. grabbed Heather Franklin, and Maurice ran upstairs to confront the other witness and her boyfriend.

Nashaya Robinson, Heather Franklin's daughter, testified that when Maurice Franklin came upstairs, he had a gun pointed at her boyfriend and demanded he hand over money.

Robinson said during that interaction, she descended the stairs enough to see Lamont Franklin Jr. on top of her mother and Zapata holding her brother down.

“I recognized them from their shoes,” she said. “I was with them all the same day.”

During cross-examination of both witnesses, Scioscia established that both witnesses identified Lamont Franklin Jr. without ever seeing his face.

Heather Franklin said she heard his voice when he said, “I'll let you go if you stop screaming.” Robinson recognized them by their shoes.

Scioscia later tried to argue for the case's dismissal, claiming the identification could not be fully trusted because of the traumatic nature of the moment.

“I'm not denying a traumatic experience took place,” he said.

Fullerton said the testimony was enough to send the case to trial.

“They were quite clear it was Mr. Franklin,” he said.

All of the charges against Franklin in that case were moved forward.

In the second case, Lamont Franklin Jr. has been charged with felonies of receiving stolen property, carrying a gun without a license and illegally having a firearm.

Robinson testified that she was leaving her grandparents when a U-Haul truck pulled up and multiple individuals exited, including Lamont Franklin Jr.

“A bunch of people got out,” she said. “I'm like, 'I'm walking away. I don't want to fight.'”

Robinson said she clearly saw Lamont Franklin Jr. with the group, and as her argument with one of the members ended, Lamont Franklin Jr. approached her, pulling a pistol from the backpack he was holding.

Robinson said her grandfather saw this and interceded in her defense.

“Lamont ran away,” she said.

Butler City Police officer Dakota Fennell also testified. He said there was a poor-quality video surveillance placing Lamont Franklin Jr. at the scene with a black backpack, which he said was later recovered with a stolen gun inside.

“We were checking the area for the initial call,” he said. “In the area he ran, we found a backpack next to a residence.”

Scioscia again argued for the case's dismissal. He said Robinson already had issues with Lamont Franklin Jr., and in the police report it said she may have been hit in the head during the altercation. He said the video also doesn't prove there was a gun in the bag.

“All you have is that there is a black backpack,” he said.

Assistant District Attorney Mark Lope, who led the prosecution in both cases, said that was enough at a preliminary hearing.

“These are all credibility issues that should be heard by a jury,” he said.

Both cases move to the county level, where Lamont Franklin Jr. is scheduled to appear for a formal arraignment Aug. 31.

Following the hearings, Scioscia said he hopes to work with prosecutors to find a resolution that promotes rehabilitation for Lamont Franklin Jr.

“This is clearly an emotionally damaging case with many parties involved,” he said. “I look forward to working with the District Attorney's office and the authorities on an outcome beneficial to all involved.”

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