Murder trial to begin for 51-year-old man charged as juvenile

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on December 02, 2012 at 8:00 AM, updated December 04, 2012 at 8:46 AM
franklin-triano.jpgCarlton Franklin, left, now 51 years old, is suspected of being linked to the unsolved murder of Lena Triano, right. Both are pictured in their high school yearbooks -- Franklin from 1979 and Triano from 1937.
WESTFIELD — In more than three decades practicing law Edward Busichio has never seen a case quite like this. His 51-year-old client, Carlton R. Franklin, is on trial in a juvenile court for a murder prosecutors say the man committed 36 years ago.

Tuesday a judge accustomed to presiding over more minor crimes typically committed by teenagers, will hear one of the oldest cold cases in the history of the courthouse.

"It’s the oldest case I’ve ever worked on," Busichio said. "It’s unique in that as a matter of fact he’s 51 but in the eyes of the law he’s 15."

Prosecutors say Franklin raped and killed 57-year-old Lena Triano, a secretary who lived alone on Ripley Place in a home which abutted Franklin’s childhood home.

Triano was found hogtied and savagely murdered. Her back door, which investigators say was customarily left unlocked, was locked and the key missing.

For years the case lay dormant until detectives with the Union County Homicide Task Force unearthed forensic evidence on Triano’s clothing which they say points to Franklin, an oil truck driver who spent nearly two decades in prison for kidnapping and robbery.

Prosecutors can not try Franklin in adult court because in 1976 the law prohibited waiving up defendants under the age of 16. Today a juvenile 14 or older can be waived up. They also cannot charge Franklin with the rape because New Jersey’s law eliminating a statute of limitations for aggravated sexual assault did not pass until 1996.

In pretrial motions, Busichio unsuccessfully argued that the passage of time was so extensive it infringed on his client’s due process rights. "Legally they can bring the charge because there is no statute of limitations on murder but in 36 years all of his alibi witnesses are long dead," Busichio said. "It’s detrimental to his defense."

For instance, when Franklin was 15 he typically visited his grandmother in Savannah, Georgia, Busichio said. "His grandma is dead and he doesn’t remember if he was there at the time of the offense."

Busichio has also argued that because Franklin is a juvenile in the eyes of the law lodging him in the Union County Jail violates New Jersey State Code which says "no juvenile will be locked up in a prison, jail or police station". The judge also denied that request.

The trial, which begins Tuesday morning before Judge Robert Kirsch will likely consist almost exclusively of forensic evidence. Triano lived alone and there are no known witnesses to the crime. Many neighbors have died or moved away.

According to courthouse records, Franklin is the oldest juvenile to stand trial for murder in Union County’s recent history.

On average, approximately five juveniles are charged with homicide on a yearly basis, according to court officials, and the average age of the juveniles is approximately 17 years old.

The name of a juvenile defendant and juvenile proceedings are kept private for the protection of the child but Franklin’s trial will be open to a reporter. Judge Kirsch issued an order granting the Star-Ledger’s request to attend the proceeding but denied photography or video recording.

Kirsch also granted the state’s motion to release Franklin’s name to the public. In both instances he ruled the public’s right to access would not substantially harm Franklin given his current age.

If convicted, Franklin would face 1976 sentencing guidelines which said a juvenile convicted of murder would serve an "indeterminate amount of time," meaning they could be reevaluated and released at any time. Busichio said based on case law, he thinks his client would face a maximum of 20 years if convicted.

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