Cop found not guilty in sexual assault case

By COLLIN GALLANT on March 19, 2022.

cgallant@medicinehatnews.com@CollinGallant

A suspended Medicine Hat police officer was found not guilty of sexual assault which he argued was an ill-advised prank to put cannabis in waitress’s front pocket.

That verdict caused members of his family to break into tears in the courtroom, while the waitress later told the News she is “extremely disappointed” and wants him off the police force permanently.

Judge Sylvia Oishi delivered the verdict in Lethbridge stating it was felt the testimony of both the accused, Chance Franklin, and the woman who says he touched her crotch, was both “credible and honest,” and the video of the event was inconclusive.

“He stated he had no intention of touching her, and the video is unclear at best and does not provide any clarity,” she said.

“I’m left with a reasonable doubt, and therefore I find Mr. Franklin not guilty.”

The 12-year veteran of Medicine Hat police force was charged in October 2020, at which point he was suspended without pay, and could still face a Police Act hearing to determine if the incident constitutes professional misconduct.

He did not speak at Friday’s court hearing in Lethbridge, which was viewed by the News on video conference system.

“He’s relieved, without minimizing the feelings of the woman,” Franklin’s attorney, Alain Hepner, told the News later. “In terms of the legal standard, it just wasn’t there.”

The woman, whose name is under a publication ban, told the News on Friday she was “extremely disappointed” with the verdict.

“I feel like they’re saying ‘sorry, but if you’re drunk, it’s okay to go grab your waitress,'” she said, adding she has since moved away from Medicine Hat as she no longer feels safe in town.

“This has been extremely distressing for me.”

Hepner argued during a two-day trial in Medicine Hat earlier this month that his client’s actions were ridiculous but not criminal.

Franklin testified in his own defence that he had three beers in several hours leading up to the incident, was not drunk and found the end of a cannabis joint in the parking lot of the bar. At that point, he said, he planned to put the joint in a persons clothing to make them smell.

Bar managers later called police after a waitress loudly complained that he “grabbed my vagina” and then refused to leave the premises.

Prosecutors said Franklin’s defence was “unbelievable” and a convenient excuse for his actions with the women and also why he smelled like marijuana when he was questioned by officers that night.

It is not a crime to possess or consume marijuana, but Medicine Hat Police Service policy forbids officers from using it.

Officials with Medicine Hat police told the News on Friday the incident will now be examined as the criminal charges have been resolved. That may or may not result in a professional standards hearing that could determine sanctions related to his employment.

(Editor’s Note: This article was edited on May 12, 2022 to correctly identify the judge in the matter.)