TOWN OF TONAWANDA: Franquet murder trial begins

Local News

September 30, 2009

Staff Reports The Tonawanda News Wed Sep 30, 2009, 03:23 PM EDT

The second-degree murder trial of Town of Tonawanda man Julius Franquet in the overdose death of his girlfriend begins today in State Supreme Court.

Assistant District Attorney Frank Sedita handled Franquet’s felony hearing personally in Town Court on Dec. 18, 2008, putting Detective Mark Perryman on the stand to testify about what led police to decide Annmarie Paciorek’s overdose on the prescription pain medication Demerol was intentional.

Perryman said when officers responded to Franquet’s 911 call for help at 5:30 a.m. Dec. 12, they found evidence of recent recreational use of prescription drugs scattered around the apartment. A medical examiner’s report maintains that Paciorek died approximately three hours before Franquet called police. After questioning Sunday morning, the detective said Franquet initially characterized himself as only being negligent, but later admitted to intentionally injecting her with an overdose of painkillers after an argument. Police contend Franquet was afraid Paciorek would report his illicit drug use to police.

The case went before State Supreme Court Judge Penny Wolfgang on June 8 to determine whether Franquet’s confessions — both written and videotaped — would be admitted as evidence in the trial.

Defense attorney David Jay argued that Franquet was very distraught at the time, blaming himself for what had happened. At that hearing, Perryman said Franquet admitted to intentionally given Paciorek a fatal dose following an argument over whether or not to have children. Jay disputed the alleged confession, but a theme emerged that Franquet had repeatedly implicated himself to be arrested for Paciorek’s death, making bizarre, incriminating requests.

“He asked us to take some photographs of him, to show that there were no defense wounds,” Perryman testified.

Photos were also taken of the defendant’s groin area, at his own request, to show evidence of the place he shot up drugs for himself. During the June hearing Franquet expressed a wish to dismiss Jay — a public defender — as his attorney, but the judge denied the change saying she couldn’t see that Jay had been negligent and Franquet waited until just before trial to make the request. The trial starts at 9:30 a.m. today in State Supreme Court.

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