YOUNGSTOWN Twice in one week, police cite felon out on probation for DUS



Prison boot camp cut time off the defendant's sentence.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- A gun and drug felon on probation since March for driving under suspension received two DUS citations within one week.
Police working a Gun Reduction and Interdiction Project detail on the South Side on July 9 stopped Brandit A. Franklin, 25, of Woodford Avenue, for failing to signal a turn. He was cited for DUS and the car, a 1995 Buick Riviera, was towed then later released to its owner.
Early Wednesday on the South Side, GRIP officers stopped Franklin for loud music. Police gave him citations for DUS and loud music and had the car, the same 1995 Buick Riviera, towed.
Franklin's new DUS cases are set for Aug. 29 pretrial in municipal court with Judge Robert A. Douglas Jr. No bond was required because Franklin was cited into court, not booked into jail.
In March, Franklin pleaded no contest in municipal court to DUS that stemmed from an arrest in August 2002. Judge Douglas sentenced him to 60 days in jail, suspended it all, placed him on one year's probation and ordered him to obtain a valid license.
If convicted of two new DUS charges, Franklin faces up to 180 days in jail on each. Judge Douglas could also reimpose the 60 days he suspended.
Franklin shaved about 21/2 years off a state prison term by completing an intensive 90-day program, called boot camp, at Southeastern Correctional Institution (near Lancaster, Ohio). Of a three-year sentence imposed in August 2001 on gun and drug convictions, he served about 41/2 months, from Sept. 6, 2001, to Jan. 28, 2002.
On his record
Franklin's Mahoning County Common Pleas Court records show the following:
U October 1998, convicted of carrying a concealed weapon. Judge Robert G. Lisotto sentenced him to six months in the county jail, suspended it all and placed him on a year's probation. The charge had been reduced to a misdemeanor prior to sentencing. (January 1998 arrest).
U March 2000, convicted of CCW and possession of cocaine and sentenced to three years in prison by Judge Maureen A. Cronin, who suspended the time and gave him three years' probation. A firearm specification had previously been dismissed at the request of an assistant county prosecutor. (January 1999 arrest).
UIn February 1999, based on Franklin's case pending at that time in Judge Cronin's court, the state wanted Franklin's probation to Judge Lisotto extended or revoked. Judge Lisotto wanted to hold a probation violation hearing but by the time Judge Cronin disposed of Franklin's case in her court, his probation had already expired in Judge Lisotto's court.
U June 2002, convicted of possession of cocaine and sentenced to one year's probation by Judge Jack Durkin. A charge of preparation of cocaine for sale had previously been dismissed at the request of an assistant county prosecutor. (January 2001 arrest).
UIn January 2001, based on Franklin's case pending at that time in Judge Durkin's court, the state wanted his probation to Judge Cronin to be extended or revoked. Judge Cronin ordered Franklin held without bond and reset the probation hearing at least six times, holding it Aug. 17, 2001. At that time, she reimposed the three-year prison term she had suspended in March 2000.
About boot camp
State prison intake officials picked Franklin for the 90-day boot camp, reserved for nonviolent offenders. Boot camp involves education classes and community service work such as grass cutting and picking up trash, said Lt. Jeff Scudder, who runs the program at Southeastern Correction Institution.
JoEllen Culp, Ohio Department of Rehabilitation and Correction spokesman in Columbus, said Wednesday that sentencing judges have 14 days to veto boot camp and if they don't respond, that's taken as a "yes" by those who choose inmates for boot camp. After release from prison, Franklin was in a halfway facility in Lancaster until March 2002 and then remained on probation until August 2002.
Judge Cronin did not respond Wednesday to a message seeking comment about whether she approved boot camp for Franklin or simply did not notify the prison system about her wishes.