Case dropped against accused armed robber

Rosie
Rosie Mullaley
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All charges have been dropped against a man accused of holding up a convenience store with a gun.

Sean Frampton — Photo by Rosie Gillingham/The Telegram

The Crown made the revelation today in provincial court in St. John’s in the case of Sean Frampton.

Prosecutor Sheldon Steeves told Judge Jim Walsh that the decision was made due to the store clerk’s inability to positively identify the suspect.

“It’s unsafe to convict, given the concession of the complainant,” he said.

He had faced charges of armed robbery, having his face masked, possessing a weapon dangerous to the public, breaching a recognizance and breaching conditions of his probation.

He was suspected in an armed robbery that happened Nov. 3, 2013, at Clara’s Mini Mart at the corner of Blackmarsh Road and Mundy Pond Road in St. John’s.

During the trial last week, the clerk told the court that she was behind the counter when a man came into the store wearing black and white skeleton gloves and a skeleton handkerchief over his face.

“He threw a small grey (plastic) bag at me and said, ‘All the money in the bag,’” she said.

“At first, I thought the gun was fake. I had never seen a real one before.”

She said as he was giving her the bag, his handkerchief slipped down to his chin, allowing her to see his face.

She said it was Frampton, that she recognized him from the neighbourhood, but only knew him by his street name, “Smash.”

When asked by Crown prosecutor if she was sure Frampton was the armed robber, she said, “I’m a trillion per cent sure.”

However, on cross-examination by defence lawyer Scott Hurley, she said she thought the robber’s eyes were blue. Frampton’s eyes were brown.

 

Rgillingham@thetelegram.com

Twitter: @TelyCourt

Organizations: Mini Mart

Geographic location: Blackmarsh Road, Mundy Pond Road

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Recent comments

  • Paul
    March 26, 2014 - 06:17

    Well hopefully he turn his life around and learn from what has happened to him. A second chance is a rare thing these days.

  • Wayne Harvey
    March 25, 2014 - 16:12

    Thank God for that ' reasonable doubt' B.S. I don't know the colour my own eyes, let alone be prepared to take the time ,during a robbery,to admire the shade of someone else's baby blues.I would be more inclined to take note of more obvious matters such as the gun and the general appearance of the scum standing before me demanding money. Lawyers, you ave to hate them.

  • Wayne Harvey
    March 25, 2014 - 16:10

    Thank God for that ' reasonable doubt' B.S. I don't know the colour my own eyes, let alone be prepared to take the time ,during a robbery,to admire the shade of someone else's baby blues.I would be more inclined to take note of more obvious matters such as the gun and the general appearance of the scum standing before me demanding money. Lawyers, you ave to hate them.

  • Wayne Harvey
    March 25, 2014 - 16:08

    Thank God for that ' reasonable doubt' B.S. I don't know the colour my own eyes, let alone be prepared to take the time ,during a robbery,to admire the shade of someone else's baby blues.I would be more inclined to take note of more obvious matters such as the gun and the general appearance of the scum standing before me demanding money. Lawyers, you ave to hate them.

  • Wayne Harvey
    March 25, 2014 - 16:06

    Thank God for that ' reasonable doubt' B.S. I don't know the colour my own eyes, let alone be prepared to take the time ,during a robbery,to admire the shade of someone else's baby blues.I would be more inclined to take note of more obvious matters such as the gun and the general appearance of the scum standing before me demanding money. Lawyers, you ave to hate them.

  • Wayne Harvey
    March 25, 2014 - 16:02

    Thank God for that ' reasonable doubt' B.S. I don't know the colour my own eyes, let alone be prepared to take the time ,during a robbery,to admire the shade of someone else's baby blues.I would be more inclined to take note of more obvious matters such as the gun and the general appearance of the scum standing before me demanding money. Lawyers, you ave to hate them.

  • Virginia
    March 25, 2014 - 12:56

    Mr. Frampton might have gotten a 'Get out of Jail Free' card thanks to an old lawyer's trick. The witness said she was absolutely sure that she identified the man correctly. In the face of pretty damning testimony, Mr. Hurly (to his credit as a defence attorney) went for the long shot. He inquired about eye colour - something the vast majority of people don't observe or don't remember. An 'I don't know' or 'I can't remember' would not have damaged the prosecution's case. (This was not a date she was on - it was a robbery!) But in giving the wrong answer, she gave rise to reasonable doubt.

  • Alicia Penney-Harnum
    March 25, 2014 - 12:42

    It's very, very easy to mistake eye color when recalling someone's facial features. Too bad this trash got away with such a serious crime because of a common human error. I pity the girl too...who knows what harassment or retribution she might suffer as a result of her testimony.

  • Kevin Power
    March 25, 2014 - 09:30

    This is ridiculous. He and his buddies will be out celebrating tonight and having another big laugh at the Lack of Justice System.

    • Chantal
      March 25, 2014 - 11:08

      It's called due process, so suck it up.

    • Chantal
      March 25, 2014 - 11:11

      It's called due process, so suck it up.