Defense's Expert Says Victim Didn't Die Before The Fire
Published: March 8th, 2019
By: Zachary Meseck

NORWICH – A toxicology expert testified in the Franklin murder trial Thursday, disagreed with the findings of the medical examiner, and said there was no way the victim was dead before the fire.

Ernest Franklin II, 36, is charged with second-degree murder, third-degree arson, and tampering with physical evidence.

Prosecutors say at around midnight on March 1, 2017 Ernest Franklin and Heather Franklin worked together to kill their 16-year-old disabled son, Jeffrey Franklin, and burned the evidence at their home at 457 State Route 8 in the Town of Guilford.

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According to retired Monroe County Chief Forensic Toxicologist Dr. Jeanne Beno, Jeffrey was alive at the time of the fire. Beno said it's possible that burning materials commonly found in construction would release higher levels of cyanide into the air, causing Jeffrey to die.

She added that it's possible to have high levels of cyanide but low levels of other toxic gases, which would match up with the medical examiner's report.

"I'm talking about a fire that burns hot and spreads out relatively rapidly," said Beno. "There isn't scientific evidence that cyanide can be sucked out of the air and into a dead body."

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