Normal Topic Polygraph Abuse Alleged in Oregon Murder Case (Read 22767 times)
Paste Member Name in Quick Reply Box George W. Maschke
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Polygraph Abuse Alleged in Oregon Murder Case
Dec 6th, 2004 at 8:51am
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In "True Lies?", an article about the investigation into the 1989 murder of Oregon State Prison Director Michael Francke, Willamette Weekly writer Nick Budnick reports, among other things, on allegations that Oregon State Police polygraphers coerced witnesses into providing false testimony used to convict Frank Gable of the crime:

Quote:
John Kevin Walker, a top prosecution witness, told a defense investigator after the trial that cops cited his initial polygraph to claim he was lying and implied he would be charged as an accomplice if he didn't tell him what they wanted to hear. "I told the truth. They came back, said, 'No, you're not tellin' the truth," Walker told the investigator.

A friend of another key witness, Mark Gesner, told investigators Gesner described the exact same experience.

Yet another key witness, Jodie Swearingen, also told a defense investigator that police subjected her to repeated polygraphs until she told them what they wanted to hear....


This article raises a very serious issue: namely, that when investigators wrongly believe that polygraph "testing" is a highly accurate means of determining whether or not a person has spoken the truth, when in fact it has no scientific basis whatsoever, they may end up committing the kinds of abuses alleged in this article, even without consciously acting in bad faith.

A former district attorney cited in the article says that the heavy use of polygraphs in the case convinces him that the conviction was sound, noting, "If you call a polygrapher, they'll tell you the accuracy is 90 percent." But if you ask scientists who understand such things as experimental control, you'll be told that polygraph testing has no scientific basis at all, as Professor William G. Iacono explains in his article, "Forensic 'Lie Detection': Procedures Without Scientific Basis."

For more about this case, see:

http://www.freefrankgable.com
« Last Edit: Dec 6th, 2004 at 9:16am by George W. Maschke »  

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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #1 - Dec 6th, 2004 at 8:48pm
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This is a very disturbing case and speaks volumes on the abuses of the polygraph exam, and clearly depicts how unscrupulous examiners use the device to groom testimony.   

Frank Gable, the individual who was ultimately convicted of the murder of my brother, Oregon Corrections chief Michael Francke, was given at lease a DOZEN documented polygraphs, and never did admit to any involvement in the murder.  One of the lead detectives in the case, Loren Glover, testified that "it was obvious to me that Mr. Gable was in a 'denial mode', and that he was not going to admit anything about being involved in the death of Michael Francke."  And he never did.  Go figure.

The website mentioned in the original post re: this case is a good source for many of the news articles recently aired/printed concerning this horrendous case.
  
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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #2 - Dec 6th, 2004 at 11:03pm
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I know about a dozen people in Oregon and not a one believes Gable was solely responsible this murder. They say, if he did do it, they believe someone high in the corrections system had it done because it was never established that Gable had any motive to do it.

I talked to a couple there this morning, by phone and they don't remember the results of Gable's polygraphs being reported. They say it could have been but, they don't remember it.

They question why Frank Gable is in a California  state prison when the murder occured in Oregon.
  
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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #3 - Dec 7th, 2004 at 6:40am
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Mr. Francke,

Indeed, apart from the alleged use of polygraphs to coerce witnesses into changing their testimony, the fact that Mr. Gable was subjected to so many polygraph interrogations is troubling.

The article by Mr. Budnick also mentions that Dale Penn, the former Marion County district attorney who prosecuted Mr. Gable, expressed confidence that there was no "vast conspiracy" to kill Michael Francke because "all 20 prison officials tested about the murder passed tests." But given the known inaccuracy of the polygraph, one would expect some of these 20 to fail, even if telling the truth. Even if the polygraph were a 90% accurate truth test (as Mr. Penn, who should know better, wrongly suggests), one would still expect at least one of the twenty to fail, even if truthful. The fact that all "passed," if anything strongly suggests that someone was manipulating the results.

Twoblock,

Mr. Gable is incarcerated in Florida, not California. I don't know why.
  

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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #4 - Dec 7th, 2004 at 7:11am
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Portland Tribune columnist Phil Stanford's article, "After 15 years, where is the man in the pinstriped suit?" gives a good overview of the Francke murder investigation. Regarding the polygraph "tests" administered to witness Jodie Swearingen, Stanford writes:

Quote:
As for the state’s other eyewitness, Jodie Swearingen: In September 1990, months before the trial was set to begin, she changed her story, claiming that the police had put her up to it.

As she explained it, they kept giving her lie detector tests till she gave them the answers they wanted. At the time, she was being held at Hillcrest Youth Correctional Facility, the prison for young women.

In fact, the use of polygraphs to shape testimony seems to be a central theme throughout this investigation. The record shows that Jodie was given 17 of them.
  

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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #5 - Dec 7th, 2004 at 7:20am
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Mr. Gable is incarcerated in Florida quite simply because they do not want him killed in an Oregon institution, which would further the investigation after his death.   

He was intitially sent to Idaho, where he was almost smacked, then to Calipatria, in California, which has the highest incidence of incidental mortalities(in fact, Mr. Gable was shot in the head by a guard there), thence to Florida, where he is housed with short-timers, and lifers and sex-offenders.  God knows what his fate may be there.

If Gable dies, the case dies.  Pretty simple to figure out.

He is on his toes, and looks forward to getting back in front of a jury.  Older and wiser.  Aren't we all?
  
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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #6 - Dec 7th, 2004 at 7:25am
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Sorry, I forgot to add to my last post that you who have any interest in the justice system and the use and abuse of the "box", please go the the website that Rob Taylor created a few months ago and is really starting to take form.

www.freefrankgable.com

It has a lot of links and will answer some of your questions...alas, not the big one.

Kevin Francke
  
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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #7 - Sep 4th, 2006 at 1:43am
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The web site (www.freefrankgable.com) that is operated by Rob Taylor has become useless. Rob Taylor's true colors has come out & is a name calling bully. He will delete all posts that he doesn't like & block the IP addresses of everyone that standsup to him.
A new site has been created for the sole purpose of trying to find the real killer of Michael Franke, uncover the persons involved in the corruption of the Oregon Department of Corrections & to gain the release of Frank Gable who has been wrongfully convicted of this crime. The address is:  (www.network54.com/Forum/523186/ )
Everyone is Welcomed & everyone will be safe there!
  
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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #8 - Sep 13th, 2006 at 9:50pm
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By all means folks, please do check out both links! You will find the new Free Frank Gable message forum to be just that, a message forum (not a website as claimed by rsinsalem) comprised of a handful of people who I did indeed ban from my message forum, or left on their own due to a few choice words I had for some at times.

My link www.freefrankgable.com is indeed a link to an actual website I created two years ago, and which has taken me that long to make as informative and comprehensive as it has become.

My message forum has a disclaimer warning people that profanity is allowed, and I do at times exercise that priviledge. If profanity offends you, consider yourself forewarned.

My website offers many links to articles written with regard to the improper use of polygraphs used during the investigation of Michael Francke's murder.

My website will also reveal how I was solely responsible last year for obtaining a recantment from Cappie "Shorty" Harden, the state's only alleged eyewitness. He revealed he lied at trial, never was at the scene of the crime at the time of the murder, and that he was coerced by the Oregon State Police to lie in court. Harden also claims to have been given over a dozen polygraph tests during the course of the investigation.

Ironically, Frank Gable's sister has belittled my efforts recently claiming I made things worse because Harden was paid for his interview with the Portland Tribune.

I've told her to take that up with Kevin and Patrick Francke, and used a few choice words in doing so I might add. They are the ones who paid Harden. I'm only responsible for befriending him, and convincing him to do the right thing by revealing the truth.

Shortly after the recantment Patrick Francke had the following to say about paying Harden...

"Much has and will be written about the fact that we paid Shorty for this information.  Right on!  There is not a prosecutor at any level in the United States criminal justice system that does not do the same damn thing every day.  Their currency is "the deal”, plea-bargaining.  I did not have that available to me, unfortunately.  No "Get Out Of Jail Free" card I could use, so I used the currency I do have available, Yankee greenback dollars.  The cops and the DA's do the same thing, they just use a different barter system.”

Too bad I'm no longer getting this type of support or any other from the Francke's. New evidence has been obtained through my website since the beginning of the year that in my opinion is just as important, if not more, as the Shorty recantment, and is being ignored by the Francke's. I have emails and voicemails from Phil Stanford, Jim Redden, and Nick Budnick of the Portland Tribune, congratulating me on obtaining the new evidence, and promising to investigate it and do a story on it. I'm still waiting, and I have lost my patience!

Click here to read about the new evidence
  

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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #9 - Sep 24th, 2006 at 6:37am
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Rob this is not the place to be airing your sad little story about how the Francke's and I have mistreated you.
you can go to as many sites as you see fit and I will find your lying psyco butt.  No matter what you say, you are as bad as the DA, who used polys against frank.  You are using Frank and the death of Michael Francke to try and grab some fame and glory.
 These people need to know you are as abusive as the DA and should stay away from your key logger planting web site. Your web site has become your own personal bully playground.  Anyone who doesn't agree with you is banned.  Or abused in your forum.   Go ahead and play your little games we are done with you.  Surround your self with those who bow to you, we who would rather have a place where we can speak our own minds, we gather else where. And as for the Shorty thing get over it Rob.  What you did was nothing more than get loaded with him and proved only that he is a liar and and can be bought just like the DA bought him all those years ago. 
You keep yammering that you have new leads and you have nothing but stuff that has been gone over a million times and we are tired of hear your slant on it. 
Frank wants you to leave him alone and I want you to leave him alone.  You have no business speaking on his behalf and he does not want you speaking for him regarding anything Angry Angry Angry
« Last Edit: Sep 24th, 2006 at 7:00am by FrancineSinnett »  

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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #10 - Sep 25th, 2006 at 1:30am
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What Rob Taylor failed to include in his last post was that Cappie "Shorty" Harden is a life long drug user & will admit to being "Jack The Ripper" "The Night Stalker" "The Green River Killer" or say anything you want him to for money or drugs. It doesn't matter where the payoff comes from...The Marion County DA, The Tooth Fairy or the "GOD OF HELL FIRE!" He'll say what you tell him to say! RSinSalem
  
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Re: Polygraph Abuse Alleged in Oregon Murder Case
Reply #11 - Sep 25th, 2006 at 1:38am
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Below is a letter from "Rob Taylor" that was written to Frank Gable. Form your own opinion of Rob Taylor!

Frank, 

Jeanette just sent me your recent letter to her. First, I want to explain something to you, and I hope you seriously “get it.”

In the past two years what I’ve accomplished with the website “for you” is unequaled by anyone else. Nobody, other than Kevin (who is Mike’s brother mind you) has taken the time like I have to try to help you. Sure, there are those that have stuck with you and supported you, but no-one has taken the time to create a vehicle for spreading the word of the injustice you have endured or done something directed towards getting you a new trial, and if I’m wrong, crappity smackin enlighten me! Show me precisely what new evidence has been obtained as a result of someone other than Kevin that has helped you in the past few years.

Frank, most people out here really don’t give a crappity smack about you, and they care even less when they see you don’t appreciate it when someone does step up to help you, like me. They see the letters I’ve had to post from you recently showing how ecstatic you were with me obtaining the recantment from Shorty, and then they see the letters from you disassociating yourself from the website you never took the time to associate yourself with anyway. I asked you more than once to send me things to post on the site, but you never did. Same with your family. People can see for themselves that there has never been any involvement from you or your family since the beginning, other than a couple of posts from your family praising me for my efforts.

Francine has attempted to belittle my efforts, particularly by saying the fact that Shorty getting paid ruined everything. I disagree! Even Patrick Francke sent me a letter to post after the recantment saying, “Much has and will be written about the fact that we paid Shorty for this information.  Right on!  There is not a prosecutor at any level in the United States criminal justice system that does not do the same damn thing every day.  Their currency is "the deal”, plea-bargaining.  I did not have that available to me, unfortunately.  No "Get Out Of Jail Free" card I could use, so I used the currency I do have available, Yankee greenback dollars.  The cops and the DA's do the same thing, they just use a different barter system.”

I realize Francine did this in defense of my “one sentence” attack on her in the message forum a few weeks ago. I simply suggested she get up off her ass and help out a little. Others have emailed me saying the same, but I’m the one with the guts to say what’s on my mind to people, regardless of who they are. Why? Because fool, you’ve been down 16 mothercrappity smackin years for this bullshit, and I’m losin my mothercrappity smackin patience! Maybe you’re more patient than me, but that’s hard to imagine. There is evidence out here that has been obtained that needs to be followed up on. There are particular things that need to be investigated pertaining to this evidence. There is DNA that still has not been tested because of money. When am I gonna get some help with all of this? I can’t do all of it, and “all of it” is what rich folks pay millions of dollars for. You follow me here?

Day in, and day out, you sit there, waiting, and waiting. Thinking everyone out here is working feverishly on your behalf. They’re not Frank! I have corresponded recently with Francine via email, and she has told me precisely what types of distractions she has. Most importantly, her husbands reoccurring tumor. Wish she’d have kept in touch with me, and told me about that before so I could understand better. I think I’ve earned that right!

Kevin is too busy slingin mobile scooters and hangin out at the bar. Phil didn’t write anything about you for the entire past year until recently when he called ME to ask if I had any ideas for a column on you. Here’s what he wrote…

Some of us haven't forgotten Frank Gable
BY PHIL STANFORD
The Portland Tribune Jul 31, 2006 
It’s been a year since this column had it out with The Oregonian over whether Frank Gable, a small-time drug dealer convicted for the 1989 murder of Oregon Corrections Department Director Michael Francke, is actually guilty.
Francke was stabbed to death in the parking lot outside the state corrections office, or Dome Building, in Salem. According to the prosecutor, he was attacked when he surprised Gable in the act of burglarizing his car.
But if that’s what happened, isn’t it remarkable that the state police, conducting what has been described as the most extensive homicide investigation in Oregon history, failed to come up with a single shred of physical evidence linking Gable to the crime scene?
Not a hair, (BULLSHIT! WE’RE STILL WAITING TO HAVE THE HAIR FOUND ON MIKE TESTED!) a drop of blood, a flake of skin — nothing.
Not in the car, or in the parking lot where Francke was stabbed, or for that matter on the victim himself, who obviously fought back against his assailant.
Not, of course, that that seemed to bother the Marion County district attorney — because he had an eyewitness to the murder: a habitual criminal named Shorty Harden.
Harden — who, as it turns out, was worried about charges of his own at the time — said he’d just happened to park his car nearby at the time of the murder.
Harden testified he was at the Dome Building that night because a young tweaker friend named Jodie Swearingen — who, according to the prosecution’s theory, went along with Gable to stand watch while he burglarized the car — phoned him and asked him to come pick her up.
However, if Gable had had a halfway decent lawyer, the lawyer would have pointed out that, despite considerable effort, the state police were never able to find a phone that Swearingen could have called him from.
In other words, Harden, the lone eyewitness against Gable, was making it up.
It was a put-up job from start to finish.
Several months later, The Oregonian — which, for reasons still not clear, has always had a proprietary interest in the state’s version of what happened that night — appointed a crack team of investigative reporters to get to the bottom of it all.
Finally, with much huffing and puffing about having conducted “the deepest examination of the case since Gable’s conviction in 1991,” they announced their conclusion: Gable had been given a fair trial and was guilty as charged.
The only problem being that in the course of their deep examination, they had failed to interview either Harden or Swearingen.
Too bad. Because if they had, Harden could have told them — as he did the Tribune when we tracked him down — that he wasn’t at the Dome Building that night.
And when we spoke with Swearingen, she said she was at the Dome Building that night, but with someone named Tim Natividad. Gable, she said, just wasn’t there.
But if you think this is just an excuse to needle the competition for making themselves look foolish, you’re only partly right.
Because the sad fact is that one year later, Frank Gable is still in prison, serving life without parole for a crime there’s no reason to believe he committed.
This is just to let him know that there are those of us who haven’t forgotten.
So keep your head up, Frank. One of these days — in the name of justice, if nothing else — they’ll have to set you free.

Notice how Phil’s column completely disregards the hair yet to be tested for DNA? I mean, what up? Notice how he says “the Trib” tracked down Shorty? This was prior to the recent bullshit goin on in my message forum too. 
The Shorty thing came and went just like the Oregonian and the other bad guys wanted it to. Then the answer to your appeal came in January. Nothin but bullshit, and it flat took the wind out of everybody’s sails, except mine. I expected exactly what you got. The media (all of it) printed you might get paroled now. Well, how convenient. Lotsa people probably sat back and said, “oh good, that poor man is finally gonna get out. Things are finally working out the way they’re supposed to.” Sure they are. Hopefully you’re smart enough to know what is really goin on. The Appellate Court dumped “THEIR JOB” right back in the lap of the post-conviction court to have them readdress whether or not you should be resentenced with the possibility of parole. That court has already denied you once on that motion, and it stands to reason they will probably do it again. What’s taking these crappity smacks so long to readdress it anyway? It’s been almost a year. Not to mention if you were to win a parole you wouldn’t be eligible for almost another ten years, and it doesn’t exonerate you, and you still would have that fed time facing you. Not much chance of you getting love from the feds unless you are exonerated. Also, not until the post-conviction court readdresses this issue, and one more step at the state appellate level, do you go federal appellate level. So yeah Frank, sit back and get comfortable!

On the issue of the black person bitch thing. Are you really that stupid? Read that post over, unless some fool has edited the version they sent you. It amazes me how alot of people seem to read what they want to hear. I specifically stated in my earlier post that I didn't pass judgment on you early on when I heard the rumor that you were some black person's bitch the first time you were in prison. I specifically stated I had never found any reason to believe that rumor was true, and that even if it was I still wouldn't have passed judgment on you. I specifically stated that the reason I used the word "black person" is because in my opinion a black man in prison who wants to go up in another mans ass is a crappity smackin black person! The only reason I brought any of it up at all is because you were indeed passing judgment on me without taking the time to write me and question me about anything you may have heard or anything that was troubling you. I made no mention of your current black friend who I’m sure is a righteous dude.
 
You are being spoon-fed malicious gossip, and are being manipulated by those around you pretending to be doing something for you. Maybe not, but when you reply to something I said in a way that makes me question if you comprehended it correctly, what am I to think? By the way Frank, what up on that? Why do you have time to write others who haven’t come close to devoting the amount of time I have, and don’t have the time to write me to find out for yourself if what you’re hearing about me is true?

Marv wrote me a few months ago saying you had written him, and you wanted to know if I was still IN, or out. I jumped his shit big time cuz he had no business even asking me that question. crappity smackin DUH! Told him it made me wonder just what the crappity smack he’s been saying to you to compel you to ask that question.

Well, I found out cuz I took the opportunity once to look at Marv’s emails on his computer. Because he had the audacity to ask me that question, and because I was noticing Kevin distancing himself from me, it gave me reason to suspect Marv was talking smack about me. He was, as I discovered by reading the emails he had between him and Kevin. Then he had the audacity (when I had to confront him because he was too chicken-shit to confront me) to ask me if I looked at his email. Told me I should’ve just asked, and he would’ve told me. Whatever, I took the route that left no chance of being deceived in the slightest, and geezus crappity smack, I was right. That’s how crappity smackin ignorant he is. He woulda had an argument if I wasn’t right! Him and Kate wouldn’t recognize shit if they were standing in it! So, I have learned firsthand that Marv has betrayed me, and he has betrayed you with his ignorance. More and more I have begun to suspect just what it is Kevin is up to, for lack of a better way of saying it. Marv simply refuses to suspect Kevin entirely, but why shouldn’t Kevin be suspect? I have numerous emails from people with info who have been ignored by him, most recently how he’s ignoring Meg Hanson. I have learned recently that he has been played like a pro by Jodie with regards to money, and who knows what else? Kevin and Liz’s association with Roger Box and Angie Ford has been downplayed by him because he himself was on the tweak back then, DUH! Maybe even still from time to time. There have been times when Kevin was outa commission due to supposed flu and cold symptoms. Long periods of time where he could’ve been on some sort of a runner. Just speculation, that’s all, but I refuse to rule any possibility out. Most importantly Bingta Francke. That bitch got over $900, 000 in life insurance. Not a bad motive if ya ask me! Let’s look at a hypothetical here for a moment…Bingta learns or finds out Mike was cheating on her (that’s been speculated in the investigation in the early stages) or maybe Bingta was cheating on Mike, maybe even with Scott McAlister! What if Bingta had something to do with Mike’s murder for the insurance money? I find it odd that she seemingly has disassociated herself from the entire Francke family, and supposedly never shared any of the money. Linda Parker said she heard Scott McAlister say it was supposed to look like a suicide. Maybe a suicide due to the marital problems. I think the theory fits, and I’m not gonna ignore it simply because I refuse to believe the Francke’s might have a hand in this, AFTER the murder mind you. What I mean is suppose Kevin discovered Bingta had something to do with it, she promises to give him enough money to invest in a couple of properties, and if used wisely could support his family. I mean, Kevin hasn’t held a real job in years!

There’s so much more Frank. If you choose to ignore it as well, that’s your prerogative. It’s your ass that’s been sittin there for 16 years, and is going to be for a few more probably, maybe until you die or someone takes you out. My ass sure isn’t the one on the line.

About my drug use…I told you I chipped a few times. No big deal, no runners or anything, and when I did I put it to productive use working on the website, and getting some decent sex. The times Marv and them thought I was using were the times I was dealing with an irrational, and completely off the hook wife, whose bi-polar syndrome was kicked into gear sometimes because of the meds she was being prescribed, and sometimes because of the dope. You just have no idea, and I could write a crappity smackin book explaining all that I went through. I’m so glad to be away from all those “hangars on” finally.

I told you before I give everyone full trust when I meet them. Then I sit back and see if they do things to start chipping away at that trust. Everyone, including you, is doin one helluva job of chipping away at that trust.

If you don’t wanna listen to reason, you just say the word Frank, and I’ll change the name of the website to FRY FRANK GABLE! Get a crappity smackin clue, and crappity smackin recognize!

Rob

Please note the number of  times Rob seems to be tooting his own horn. Now can you see why Frank Gable & the Francke Family have all said they "DO NOT SUPPORT ROB TAYLOR'S WEB SITE?"
  
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Polygraph Abuse Alleged in Oregon Murder Case

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