Cynthia Franke, 54, began serving a seven-year prison term in 2013 following her conviction, but the Fourth District Court of Appeal determined that the jury got it wrong.
"Because the state's evidence was not inconsistent with her theory of innocence, we reverse," the appeals court ruled.
Franke was overcome with emotion during a telephone interview Wednesday, saying only that she feels "better now." She served less than two months in prison before being released on bond pending the outcome of her appeal.
Franke and Mary Teris had been friends for 30 years. Franke had prepared a special needs trust for Teris' two sons in 1996.
In 2008, Teris asked Franke to change her trust, ultimately having a lawyer switch the trustee and beneficiary to Franke. Teris then named a co-trustee so that Franke could avoid a conflict of interest.
But Teris, now 101, allegedly suffered from dementia, and Franke was accused of taking advantage of her condition to enrich herself.
Franke and her husband, Tyrone Javellana, were charged, tried, convicted and sentenced together. But Javellana's conviction was overturned in June. He faced a related accusation involving Teris' sister, but that charge was dropped last month.
"It is a huge relief," Javellana said Wednesday. "It was six years of an unbelievable nightmare that's been lifted off our shoulders."
Franke's friend and colleague, Alicia Brown Beloyan, said Franke was in tears much of the day. "It's not sinking into her mind that this is over after six years," she said.
After the charges were filed, Franke lost her job with the Laidlaw and Company brokerage firm and was stripped of her license as a broker. She has not decided what to do with her career, Javellana said.
"We're not certain what her next step will be, but at least this exoneration clears her name," he said.
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Hollywood broker cleared in elderly exploitation case
1 comment:
What a case!
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