NORWICH, N.Y. -- A man convicted of killing his adopted, disabled son in Chenango County asks the judge to set aside his verdict.
The sentencing for Ernest Franklin has been rescheduled – again. It was originally scheduled for Friday.
Franklin, from Guilford, was convicted of murdering his adopted son and burning down the family home to cover up the crime. He faces a maximum penalty of 25 years to life in prison.
The Chenango Country Court clerk says Franklin’s counsel has filed a motion to set aside the verdict and order a new trial. The judge is giving the district attorney's office time to respond to the defense’s motion.
The DA’s office’s response to the motions is due on May 24, and the defense has until May 31 to reply to the DA. The judge will then decide on those motions.
He was convicted in March of all charges relating to the 2017 death of his son and the attempted cover-up of the incident.
Franklin’s wife Heather pleaded guilty to manslaughter and arson on the eve of her trial. She's expected to be sentenced to at least seven years in prison in June.
His sentencing has been pushed back twice.