Ernest Franklin II, 36, of Guilford, is on trial for second-degree murder, third-degree arson, and tampering with physical evidence after prosecutors claim he killed his adopted son and burned down their home to cover it up. (Zachary Meseck photo)

NORWICH – The Franklin murder trial began on Wednesday with two versions of events from the prosecution and defense, three witnesses, and testimony that described the defendant's demeanor and actions as flat and stoic on the night his adopted son died.

Ernest Franklin II, 36, of Guilford, was indicted on second-degree murder, third-degree arson, and tampering with physical evidence. Franklin is currently on trial.

According to Chenango County District Attorney Michael Ferrarese, at around midnight on March 1, 2017, in their residence on 457 State Route 8 in the Town of Guilford, Ernest Franklin and his wife Heather Franklin worked together to kill their disabled son Jeffrey Franklin and burn the evidence.

“Jeffery’s last breaths on this earth prove that this was not an accident,” said Ferrarese. “The defendant killed his adopted son, and set the fire in his home to destroy the evidence.”

He said not once did Franklin actively seek out emergency responders, or ask them to save his son. The DA also noted Franklin did not get dirt, soot, or ashes on his clothes, saying the defendant did not try to save his son from the burning trailer.

According to Defense Attorney Veronica Gorman, the day of the fire was one of the worst days of the Franklins' lives, it was the day they lost their son and their home.

“If J.R.’s (Jeffrey’s) limitations became too much for the Franklins, they could have placed him in a foster home, but they didn’t do that because they loved him, and they knew what they were getting into,” said Gorman. “The district attorney says the Franklins watched a movie, and then immediately set up a plan and put it into motion.”

She said there’s no way that’s what happened on the night of the fire, Franklin went to let his dogs out, an open wood-stove accidentally started the fire while he was away, and that resulted in the death of his son. She added that by the end of the trial, the prosecution will have failed to meet its burden of proof, and the jury will find her client not guilty.

Ferrarese discussed evidence he plans to submit throughout the trial including testimony from the defendant’s sister on how the Franklin family treated their adopted son, testimony from three expert witnesses, a medical examiner who will say Jeffrey died before the fire, a toxicologist who will confirm the findings of the medical examiner, and a fire investigator who will discuss the cause and origin of the fire.

He said testimony will prove the victim died before the fire, and the that fire was intentionally caused by the Franklins to cover it up. He said Ernest Franklin gave three different versions of events to investigators, and that his wife illegally drove around for several hours while the house burned down.

Ferrarese said, "Between 11:18 p.m. and 2:18 a.m., Heather Franklin is not at the scene."

The DA said the couple set-up the circumstances for the fire and then intentionally left the home as it caught fire and burned.

He said as planned by the Franklins, Heather Franklin was driving around to various locations, including Walmart in Norwich twice and a Price Chopper parking lot in Sidney to buy pregnancy medication she already had in her home and easter candy. He added that while she was driving around, her husband said he was out with their dogs.

Body camera footage and witness testimony

According to his testimony, at approximately 1:26 a.m. on March 1, 2017, Chenango County Sheriff's Office Sgt. Dustin Smietana was only about a mile-and-a-half away from the Franklin residence at 457 State Route 8 in the Town of Guilford when a 911 call came in stating the trailer was burning down.