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COURTESY DEPARTMENT OF PUBLIC SAFETY
Chanel Franco
The 21-year-old woman who admitted she was texting before the car she was driving hit a utility pole, killing her passenger, entered a plea of not guilty in Circuit Court this morning.
An Oahu grand jury indicted Chanel Franco March 23 and charged her with negligent homicide in the death of Jessica Lum. Her bail was set at $11,000.
Franco’s trial is set to begin the week of May 31 before Circuit Judge Dean Ochiai.
Lum was a passenger in the back seat of a silver 2003 Honda Civic when she was thrown out of the vehicle when it hit a utility pole on Hihimanu Street on April 15. Lum died at the scene of the crash near Waimanalo District Park.
Two witnesses said the driver told them after the fatal accident that she blamed herself because she had been texting and reaching down for something just before the accident. When she looked up, a van was coming straight at her, so she swerved to avoid it.
The driver and another passenger were taken to the Queen’s Medical Center in serious condition. All three occupants were described to be close friends.
According to police, Franco was traveling southeast on Hihimanu Street when she lost control of her car, which veered off the road and hit a utility pole.
After the hearing, Michael Green, Franco’s attorney, declined to discuss the specifics of the case.
“These cases, great percentages of them, involve good people,” Green told reporters.
“They were friends. The young girl who died didn’t desire to die. My client’s is heart broken. Their families are heartbroken. It happens. It’s not necessarily excusable. There are no winners in these cases.”
After admission of texting, denying any guilt? Strange!
I agree, and as for the lawyer’s statement
” It happens”
what nonsense. It is also true that
“It does not happen”
Everyone at arraignment and plea enters not guilty pleas. In fact, the court would not be prepared to take a guilty or no contest plea at that time. In order to further the case for future plea negotiations, a not guilty plea HAS to be entered by the defendant.
Green’s comments are pretty accurate. No one wanted this to happen. Everyone one of us who’ve had kids can remember many times them telling us, after they screwed up, “Oh, I didn’t know that would happen.” Kids/young people often don’t think before doing things. Unfortunately for this girl, I don’t think that’s an acceptable defense.
It’s tragic that someone so young was needlessly killed. Two fatal errors appear to have been made. Texting while driving and the passenger still would have survived if she had put on a seat belt.
Yes, Green spins it as there are no winners in cases as this while conveniently/shamelessly forgetting that there was a needless loss of life. Green, no winners does not mean there were no losers. The rights of the losers loss of life need to be addressed, even if you don’t agree.
He’s just doing his job. The accused has rights too… Even if you don’t agree.
My question is who is paying for Green’s attorney fees? Green is one of the most expensive attorneys in Hawaii so I assume the family of this 21 year old is paying is fees. Given this is a negligent homicide case, Green’s total cost could easily approach $100,000. I would agree that regardless of innocence or guilt, people on trial should always be represented by the most competent attorneys and often times that is not the case. This is Hawaii and this case is basically going through the motions as the evidence is pretty straightforward as the prosecution should be able to subpoena this girls cell phone record to see if she sent was texting at the time she killed her passenger. It would be sad if the expertise of Green manages to overwhelm inexperienced and/or less that stellar prosecutors so this women gets off scott free. Without a convicttion and jail time. Also isn’t there a State law against texting while driving so shouldn’t that automatically give prosecutors additional leverage in convicting this girl and sentencing her to jail time. She killed someone, even if it was not intentional and she should spend jail time and have a permanent record. Maybe a couple years in jail before release. In the 1980’s Bucky Lake was drinking and driving and killed 4( ?) of his passengers and he had to spend quite a few years in prison before getting released. Being irresponsible by texting while driving is no different than drinking and driving and then killing someone.
Isn’t this Green guy the same lawyer who recently defended another Chantel female that ran over a motorcycle driver and was recently sent to prison for 10 years? Good business for these types of lawyers, no?
inverse, as cases go, this one isn’t anywhere near the toughest or most complex Green has accepted. As for who’s paying? Dunno, but Green could be offering his services pro bono. Why not? If so, then Chanel Franco is one very lucky girl.
SAID by TigerEye: The accused has rights too…
Usually “…” means the writer is not able to finish a thought.
Why would you say I don’t necessarily agree that the accused doesn’t have rights?
To shift the subject, that’s why.
To finish your thought for you, The dead also have rights “too”.
So, Green stated somewhere that there were no losers? This exchange started with you criticizing a defense attorney for defending his client.
So, regale me: what is the alternative in your perfect world? Is a defense attorney supposed to side with the prosecution?
Thank you for attempting to finish a thought for me, but there was really no need. I didn’t realize your attention would come to a full stop after the “…” and you could not see what followed.
It’s perhaps cold hearted to say this, but Chanel Franco should have said only what she needed to say to secure the safety and emergency services for her friend and herself and not much else. Due to her injuries she probably was in an agitated state or undergoing shock when she said what she said. Michael Green might bring this up as a mitigating factor at trial.
Phone records will be obtained also.
I’m sure Michael Green is glad that he has all of you wonderful commentators to provide him with legal advice.
Thank you.
Michael Green is a publicity hound. He loves to take every controversial case possible so he gets lots of press time. I am surprised he hasn’t run for Mayor yet.
He can hire me as an expert witness. I can be bought real cheap. But just remember, you get what you pay for!
Have you ever been at the scene of a fatality? Bad time for anyone to say anything! The nicest people are the ones that get the worst punishment. They do deserve some but not as much as you may think. Some real a holes get away from prosecution by saying nothing and jumping in an ambulance.
Whatever he is, he knows law and knows how to work a courtroom. Hope I never need his services, but if I’m in a rock and hard place, he’s the first guy I’m calling. I believe he has never lost a court case in his career.
You don’t find retro-advice on what people should have or could have done or armchair projections of what’s probably going to happen, helpful?
Texting and not making sure her friend had a seatbelt on??? I am sure, if she is really human, will be sorry for the rest of her life. Young people can be so irresponsible.
Mr. President, Your royal highness Obama, with all due respect and humility, this in my opinion would deserve your amnesty and second chance should this girl be found guilty. Losing one of your best friends and having to face loved ones with only tears and condolences will be a lifetime of restitution that can never be fulfilled. Deepest sympathy to all families involved.
Put those cellphones away. It can wait. Not worth it…
I don’t get it. We managed just fine when we only had a phone at home and if we had an emergency call we stopped the car and went to a pay phone.
The world has moved on. The cell phone was an invention few people thought they needed until cheap models became widely available.
Of course I own a very nice one but I never text while driving. I guess that comes with growing into a responsible adult.
Totally agree. Most people nowadays don’t even have a dime in their pockets to put in a pay phone.
Last I heard it was quarter!
But I bet they have 5 charge cards that they make minimum payments on. LOL
Pay phones are hard to find and dirty. Just park the car and call or next. How hard is that? Alos think about whether it is something that can wait.
Real friends don’t let friends text and drive.
And real friends require all passengers to belt up.
Don’t let friends drink and drive also.
I think one item wasn’t brought up—no seat belts shows as much irresponsibility as texting.
I’m sure she has enormous regrets about what happened. Her friend died and another injured. She pled not guilty on the advice of her lawyer. But, the fact remains that her carelessness caused the death of another human being. She should be prepared to suffer the consequences of that. She’s an adult, and will have to pay the adult price. So be it.
Apparently, she has been advised to plead ‘Not Guilty’ by her lawyer – In spite of the alleged confession.
‘driver told them after the fatal accident that she blamed herself because she had been texting and reaching down for something just before the accident. When she looked up, a van was coming straight at her, so she swerved to avoid it.
Hopefully, the prosecutor can find the two witnesses to testify .
“These cases, great percentages of them, involve good people,” Green told reporters.
These ‘good people’ also need good representation in court by not-so-good lawyers.
the not guilty plea is standard, just waiting to see what deal the prosecutor’s office will offer in exchange for admitting guilt and waiving trial.
probably get the standard 18 months inside including time served with a 5-10 year probation and $2K restitution at $25 a month for funeral costs.
green, enuff said, pilau
Throwing oneself on the mercy of the court is always an option, but if ever I was facing some serious jail time I’d spring for the best criminal defense attorney I could afford. Like a gun, you may detest them on principle, but if one could possibly save your bacon someday, you’d thank your lucky stars (or Jesus, Allah, Kali, Ares, or yourself) that a good one was available.
This is one good example why we have laws…for legalized corruption to occur and to protect the reckless and stupid from injury and death.
Please take heed. When you are a passenger in a car or before becoming one, tell the driver no texting, no phone calls, no mind altering substances, no speeding. If they say no I’ll do as I please, don’t get in the car with them and find another ride to your destination. Especially if they are your good friends they would abide by these request.
Social media can, and has, killed. Our electronic gizmos are an addiction to a lot of people. Walking off the sidewalk into oncoming traffic and not bothering to look out for your safety because you’re so wrapped up in your device is like any addiction. Pure common sense tells us that texting or talking on a cell phone while driving a potential killing machine is wrong. Yet, we continue to do it and tragedies like this will continue. Social media IS an addiction.
Sadly these days, what was once pure common sense is no longer pure or, for that matter, all that common.
We have been riding a gigantic wave of apathy and conceit since September 1945 and have come to believe we are invulnerable to the consequences of our decisions and actions.
Not until the last second when the Grim Reaper suddenly looms up before us – – his outstretched bony hand proferring the one way ticket across River Styx – – do we realize it is too late to say “oops” or worry what might have been.
I wish I had a dollar for every dumb thing I did when I was 21. We ALL did dumb things at 21. Unfortunately, this one cost this poor girl her friend’s life. There will be a penalty to be paid but whatever it is, that’s for the judge to decide. I just hope that everyone can move on as best as they can in the aftermath of this lapse of judgement.
This is getting ridiculous. BILL her for prosecution costs.
Bill her?
Bottom line, does this girl deserve to go to prison? I don’t think so. I think she needs guidance and counseling. She is way too young to go through prison and have no opportunity for a productive life. And it is not her responsibility to check on seat belt usage. I really feel for the victim and family, but cmon there needs to be some reality checks here.
“It’s not necessarily excusable”. Amen to that.
So the basis for the “not guilty” plea is what, exactly?
Better call Mike!