Kalispell man gets second rape conviction

A man previously convicted of raping a 12-year-old girl in 1992 has again been convicted of rape, this time of an 11-year-old girl in 2006.

After roughly five hours of deliberation Thursday, jurors in Flathead District Court returned guilty verdicts against 43-year-old Jason Franks of Kalispell on charges of sexual intercourse without consent and sexual assault.

Franks raped the daughter of his roommate in their apartment while his roommate was at work.

Franks’ trial wrapped up Thursday morning, after closing arguments were presented by both sides. Flathead County Deputy Attorney Travis Ahner presented the prosecution’s closing arguments.

“What makes sense and what fits?” Ahner asked, later telling jurors to “go back in the jury room, use your common sense and find Jason Franks guilty.”

Flathead County Deputy Attorney Lori Adams delivered the prosecution’s rebuttal to defense attorney Lane Bennett’s closing arguments, in which he said that when innocent people are convicted, lives are destroyed.

“When guilty people are acquitted, lives are destroyed too,” Adams said.

During his closing arguments, Bennett said the case was one that lacked evidence, a “he said, she said” case that sprung from either confusion or outright lies presented by the victim. Franks became emotional during Bennett’s statements, bursting into tears twice.

There were no tears, however, when the verdicts were read. His head dropped slightly and bobbed, but his face was relaxed as he stood and calmly walked alongside police as he was escorted from the courtroom.

In addition to the guilty verdicts on both charges, the jury also found that the victim was under the age of 16 and Franks more than three years her senior at the time of the crime. That ruling increases the possible penalty Franks now faces — between four years and two life terms in prison and a fine of up to $100,000.

District Judge Stewart Stadler ordered an updated sex offender evaluation of Franks be completed and set a sentencing hearing for Dec. 20.

Reporter Jesse Davis may be reached at 758-4441 or at jdavis@dailyinterlake.com.