State of Missouri v. Joseph P. Franklin

969 S.W.2d 743 (Mo.banc 1998)

FranklinJCase Facts:  In September of 1977, believing that Jews were “enemies of the white race,” Franklin drove to Dallas, Texas after robbing a bank in Little Rock, Arkansas. In Dallas, Franklin bought a 30-06 rifle with a telescopic sight. He then drove to St. Louis, Missouri, checked into a hotel, scouted the city for synagogues, and finally chose Brith Shalom Kneseth Israel Congregation in Richmond Heights.

To prepare for the crime, Franklin bought some ten-inch nails, a guitar case and a bicycle. He tested the bicycle to assure himself that is could be used to enable him to leave the scene of the crime. He drove the nails into a telephone pole to serve as a rifle rest. Later, he ground the serial number off the rifle. He then cleaned the rifle, ammunition and guitar case of any fingerprints and, thereafter, he used gloves to handle the equipment. Lastly, he put the rifle into the guitar case and hid them both in some bushes near the synagogue.

On October 8, 1977, Franklin waited outside the synagogue for people to emerge. Shortly before 1:00 p.m., some of the guests left the synagogue and walked toward their cars. Franklin began firing on the guests. He fired five shots from approximately one hundred yards. Gerald Gordon was shot in the left side of his chest and later died from blood loss resulting from damage to his lung, stomach, spleen, and other internal organs. Steven Goldman was grazed on the shoulder. William Ash was wounded in the left hand and later lost his small finger on that hand. Having fired all his ammunition, Franklin abandoned the rifle and the guitar case. He then rode his bicycle to a nearby parking lot where his automobile was parked, hid the bicycle in some bushes and left St. Louis by car.