Jennifer Franks Receives Suspended Sentence
[Updated] Ms Jennifer Franks, 57, received a suspended sentence and 400 hours of community service after pleading guilty to three counts of unlawfully endangering children to danger. She had been charged in connection with the death of 18-month-old Nasir Burgess.
Speaking previously, Crown Prosecutor Carrington Mahoney told the jury that in September 2011, Ms Franks was operating a day care centre at her residence in Pembroke.
He told the jury that she put the children in playpens in a room. Nasir was close to and within reach of an air conditioner power cord. Around 12:55pm, she left her residence to drive to Medical House to collect her daughter, leaving the toddler unattended.
On returning home she checked the room. She found Nasir with a power cord around his neck and lying in an unresponsive state. She first tried resuscitation.
She then called 911 and requested the ambulance. Reckoning that the ambulance was taking too long, she put the child in her car and drove to KEMH, where Nasir was declared dead by a doctor.
Ms Franks was only licenced to look after three children, but was known to have had up to twelve in her care, the Court heard.
The toddler’s father read a Victim Impact Statement into the record, and became extremely emotional while detailing the impact Nasir’s death had on the family.
Justice Carlisle Greaves handed down a two year prison sentence, which is suspended for three years, and also ordered she must also perform 400 hours of community service. In addition, Ms Franks is to be entered on the child abuse register and is to be prevented from caring for children in the future.
Update 2.21pm: In passing sentence on Ms Jennifer Franks, Justice Greaves said that given the seriousness of the matter, persons having care of children should be deterred from doing negligent acts. He said that a period of imprisonment should be imposed but that these were exceptional circumstances and he would suspend the sentences.
In a lengthy and detailed lead-up to final sentence, Justice Greaves said that he would be passing sentence on Ms Franks on the three counts of endangering the life of a child by exposing that child to danger.
Justice Greaves noted that evidence from the pathologist was that for an infant, in an act of strangulation, unconsciousness would occur in seconds and death could be in less than a minute. Justice Greaves said that as a judge responsible for passing sentence, he was required to distil fact from emotion and distil the natural reaction of imperfect human beings in an imperfect world of imperfect laws.
Crown Prosecutor Carrington Mahoney had recommended a custodial sentence between 18 – 30 months. Ms Frank’s lawyer Saul Froomkin QC argued for a suspended sentence.
However, Justice Greaves judgment said “I am not convinced that this child is dead because she went to pick up her daughter.” The Justice also said that he accepted the Crown’s submission that she should be punished for leaving the child as she did.
He said that given the pathologist’s evidence, the same thing could have happened if she had left the room and gone into the kitchen to make tea or get something.
Referring to evidence that though Ms Franks was only licenced to look after three children, but was known to have had up to twelve in her care, Justice Greaves said that rule breaking by daycare providers was a lot more widespread in this community.
He said that it is a problem that needs to be fixed. “If daycare providers knew that inspectors were going to drop in unannounced, they would be far more careful.”
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- Jennifer Franks Ordered To Prison After Appeal | Bernews.com | March 27, 2014
WERES THE JUSTICE F$%KN HELL!!!!!!!!!!!!REALLY FEEL FOR THE BURGESS /EMERY FAMILY !!!!!!!!!N U WONDER WHY PPL GETTING SHOT???? F&*^ OFF BERMUDA COURT SYSTEM N F&*^ OFF MS FRANKS FUC$&* MURDERER!!!!!!!!!!THEY WILL NEVER B ABLE HOLD THERE CHILD AGAIN!!!!!!!!
I’ve said it before! The problem with the justice system in this country is the Judges! Way to lenient! Way to inconsistent! Suspended sentences or short sentances for almost anything these days!
One Family (The Burgess / Emery) Family is likely mourning and feeling victimized a SECOND time, while Ms. Franks is likely celebrating?! Whats wrong with this picture?
I wonder how this poor baby’s mother feels about this way-too-lenient sentence…
ARE YOU FREAKIN KIDDING ME…………………..OK PEOPLE WHERE”S THE OUTRAGE!!!!!!!!!!!!!!!!!!!!!!!
Outrage…this has been forgotten about already,,,this was just another story for the water cooler and barber shop convo,,what happenened on the week end is more important now , How SAD !
You leave your child in a licensed day care that you are paying for. The care giver goes out on an “errand” and the child hangs itself on a dangling cord. Suspended sentence? Really? I would hazard a guess the Crown will be appealing that sentence! Avoidable tragedy if the proper standard of care was applied as would be expected by a registered care giver. Incarceration required!
Remember this woman has to also face “God” for final judgement and her punishment, if she doesn’t repent of this crime, will be far worse than she has been given and also for the rest of her life, this will be upon her shoulders.
I feel for the child’s family, may the Lord grant them peace.
If you believe that sorta thing…
Facing God always seems to be the excuse of Tyrants and Criminals:
“I asked God every Day for a new bike! Then, i realized he dint work like that so i stole one and asked for forgiveness!”- Criminal Church attendee.
We need to live in balance and deal with ourselves, not wait for God.
This is a ridiculously lenient sentence. I feel very bad for the little boy’s family. Bermuda Court sentencing practices need a complete overhaul.
the woman should get some time in prison,she left that child to go all the way to pitts bay it is time for greaves to be fired i hope the crown is going to appeal this case sounds like a secret hand shake in the back room
it is time for changes in the laws not for the protection of the accused (innocent until proven guilty) but for the victim and/or family.
I am sure as the new government sorts through what ails us now and begins sorting things out and sees more things wrong than we were aware and we all get over the shock – new laws will be presented in the house, those that were changed for whatever reasons – revoked and older ones struck from the books.
Wow…an innocent child is dead, through no fault of his own or his parents, and the person responsible gets, well, nothing.
While Ms. Franks didn’t mean for the poor baby to die, she was responsible and was paid to be responsible.
Maybe the parents can sue her for liability and take her for all she is worth.
I am sorry, but this so called “sentence” is appalling and definitely fitting for the “crime.”
RIP little one…
*definitely NOT fitting
@Bermy Gooner: I was thinking the same thing about suing but even that is next to impossible to do in Bermuda. In the U.S., even if the person gets off criminally you can bring civil charges against them and the fact that they got off criminally has nothing to do with the civil case and they can get punished civilly even if they escaped punishment criminally. In this case, it wouldn’t bring the baby back, but at least the parents would get some kind of justice.
I understand some of the judge’s logic but not others. For example, the fact that she left home made things worse but this woman sounds so irresponsible that it could have easily happened while she was there-I’m sure she didn’t sit there watching the kids at every moment. However, he’s wrong to say that none of us is so perfect that we’d go around checking for cords. Well, if you are taking care of infants it is your responsibility to do just that-go around and look for things that could injure or kill an infant; every parent knows about ‘baby-proofing’ and so should Ms. Franks if she was a childminder. So whether this happened with Ms. Franks there or away ultimately she is responsible and should have been given prison time based on that.
I guess the outrage got all used up on the gang murders. Ten weeks of community service seems a little ‘light’ for the death of an innocent child. I think.
I would like to know what her ten weeks of community service entails.
This is just appalling. Balanced Facts says it right…..
Ya not serious…
But yet the judge locked the poor boy up for killing his dog and has to sit in jail till next month and than he will find out if they will lock him up, but yet this lady was watching someone else child and cause of her simple, stupid, thoughtless,and pityful action some one loss their child and has to live with that for the rest of their lives that some one they trusted to look after their child left their child alone and died and all this witch gets is a damn Suspended sentence!!!!!
What is really going on up their in the courts and HOW did they come to this?????????
“But yet the judge locked the poor boy up for killing his dog”
Disgusting, isn’t it?
EXACTLY – and it was his dog he killed. This woman’s negligence led to the death of another’s child and future. The criminal system is a joke.
Wow…Real Talk. This sh!t is disgusting. The courts should be ashamed of themselves…..the people up in protest.
and might i say…this women was known to have 12 children at a time when only permited for 3, really? where’s the enforcement. Government holds some liability I’d say!
no justice no peace ,you are so right she should be held accountable for breaking the law ,this lady was given permission to only have three children !!!!but she had twelve in her care ?
I would like to know who checks on these so called care givers.
no words can ease the pain that the parents are going through.
Well that’s Bermuda’s judicial system for you!! All those judges need to be replaced. They are a disgrace, it’s happening far too often!
While I appreciate that Ms Franks will have to live with the consequence of her actions for the rest of the life, there is a family who have been robbed of the opportunity to see the child they brought into the world grow.
A suspended sentence… Is that the price we put on that innocent childs life?! There was gross negligence on the part of Ms Franks and she should have been held accountable before the courts. A suspended sentence for something which had such tragic consequences is manifestly inadequate.
Hopefully the Crown appeals.
Shockingly appalling yet not totally unsurprising.
ARE OUR COURTS FULL OF JUDGES OR JESTERS! Bermuda, can we please get some right minded Judges who actually want to see Justice done!! Absolutely ridiculous SHAME ON YOU CARLISLE GREAVES!
I feel so badly for this family. Oh, the pain they must be going through. This isn’t justice!!!!
Add this to the list of reasons why I will be caring for my children at home. Just can trust these lot.
RIP Nasir
*can’t
I agre with you Mommy to be,to think this women left her little ones all alone whilst she went out to do some errands…
I can not believe the verdict……..
That’s why people are taking the law into there own hands .. That is some serious bullshi!!
Bermudians need to march up and down the city of Hamilton as outraged citizens until some laws in this country change.
@Pb I would love to see the day we take to the streets in protest as Bermudians. However I think it will be a long wait!
RIP little one.
Maybe we need some Bermudian (by that i do not mean black – just born here btw)Judges that actually care…or have some sort of performance standard – rather than appointments to their position! This is a huge letdown by the justice system but it gets easier to accept everytime we are let down doesn’t it?
Don’t worry people, by tommorrow most of you will have moved on…not me.
Me either.
Feel for this baby boy’s family…May God continue to rest his soul!
I understand that Mrs. Franks did not intentionally mean for the child to die during her absence, the fact remains that he did, solely through her negligence as a registered child care provider. She was deemed to be qualified and to know BETTER than to leave children unsupervised for any period. A lengthy prision term is not going to bring back Baby Nasir but the punishment handed out by Mr. Greaves by no way fits the crime. She directly or indirectly (however you chose to look at it) assisted in the ending of the life of an innocent being. For that she should be punished…meaning serve some time in prison so that she has nothing but her own thoughts and reflections to keep her company…the same way Nasirs parents only have of their baby boy..only she will eventually be released. His parents will not be so lucky.
Just Bloody RIDICULOUS
This non-sentence handed down by Justice Greaves makes a mockery of the law. The family of this baby boy have received no justice, which surely must add to their grief. Ms. Franks’s gross negligence has cost a human life. First, she places children in a playpen with access to a device that could, and did, strangle a child. Any fool would know you cannot place a baby at risk in this way. Then, to add insult to injury, she leaves this tiny child and others with no supervision while she runs off to collect her own child, exposing those babies to all sorts of dangers.
Surely, if this had happened to Ms. Frank’s own child, she would be howling for a custodial sentence at the very least. One must wonder what kind of neglect her own child faces!
remember she went to pick up her adult daughter at work, she has no small children
this is ridiculous I really hope the crown appeals this. The lawyer that defended her always gets his ppl off, I wonder how he sleeps at night…hmmmmm
she changed her story so often and finally had to come clean and she still got nothing..
You can lock up a man for drowning his own dog but give a woman who left a child unattended off with JUST community service is just LUDACRIS!!!! System failed yet again.
no justice, and to think people are locked up for a small amount of marijuana !!!!and this lady gets of scott free,the parents of this youngster must be in total shock.
So apparently its OK to hurt or murder people on this island whether its a conscious decision or not!!?? It’s time the courts are held responsible for the outcomes on this island!! Then let’s see if they’ll make a conscious decision to rule accordingly!! Judges here are not from this country and come from those backgrounds where it is almost like the norm for them, well guess what not in this island!! Either they shape up or ship out!! For real!!! Not making your judgement based on personal opinion!!! What the hell do we have laws for if they are being broken and people are looking to the courts to prosecute those who are guilty!!!??? It’s not like it didn’t happen and can be swept under the rug!! THIS IS HUMAN LIFE!!! The real reason laws were made!!!! They aren’t made to have the judges make an opinion on how the hell they feel!!!!!! That’s the PROBLEM!!!!! Governor its time to seek advice from your superiors in the so called land that makes the rules on our island!! Enough is enough!!!
1. Ms Franks left dependent children in her paid care to pick up an ADULT daughter.
2. Ms. Franks routinely left the children in this predicament
3. Ms. Franks flouted the law and “cared” for more children than allowed.
I don’t care if this could have happened while she was making tea. It did NOT happen this way. A different reaction by most would be if that was the circumstance. I AM CONVINCED IT HAPPENED BECAUSE SHE WENT TO PICK UP HER DAUGHTER.
I really wonder if this judge is a friend or relative of Ms. Franks.
Perhaps some investigating on this needs to be done. I was thinking the same thing
RIP baby Nasir
APPEAL PARENTS! APPEAL! Such nonsense. I am so vex right now.
Ok let me get this right, you drown a dog you go to JAIL! Your actions cause the death of a Human a suspended sentence!!?? I think we need a social inquiry report on Bermuda Judges!
mixup. you are so right !!!!! we need to get rid of these judges and where do they come from ? )
My heart is heavy after reading this ruling. How is it possible that Ms.Franks walks away with only 400 hours of community service. Ms.Franks was responsible for the care and well being of Nasir. She was responsible for making sure his pack and play,crib whatever he was sleeping in was positioned in such a space that would not have caused harm to him. She failed to do this. Her negligence contributed to his death. To add insult to the situation, she committed fraud by taking money from his parents and not doing what she was paid to do. She was paid to care for Baby Nasir. She was paid to return him to his parents in the same manner in which he was given to her. She should have to pay for her actions. Bermuda, when are we going to stand up for whats right. Rulings like this is what we should be marching on Parliment for. This is crazy. Come on OBA!!!! You said it’s a new day! Well we need justice in a new way!!!!!
But yet if you kill a dog, you jail time!!!
Really ??? the man that killed his dog should be released, it would appear that a dogs life is more important than a humans life, how sad is that ?
or the more recent one of is if you dont pay your bills you go to jail….no matter if your lost your job…….
SMH!!!!
Ms. Franks should have been ordered to pay ALL of the school fees (DAY CARE, ELEMENTARY, MIDDLE, HIGH AND UNIVERSITY) for all of the deceased victim’s siblings. 400 HOURS?
I am really disgusted with this sentence…… a man kills his dog, owns up to it and goes to jail…… this woman is responsible for a childs life and has to do community work…. what kind of justice do we have in Bermuda. OMG
a man kills a dog, which would have been put down by the system away and gets put behind bards,
a woman whose negligence caused the death of a child gets a suspended sentence.
something is wrong!
Our judicial system is completely broken at every level; there is no accountability at all.
It is unfortunate that the innocent are inconvenienced from fallout of crime and injustice, everyone is suffering because of the consequences. Throw in Bermudas economic situation and you have a cocktail for disaster.
As an indigenous Bermudian, my family is impacted by every murder, theft, layoff and injustice.
Everyone seems to have an opinion… I would sure like to see solutions.
Suspended sentence. Is that all that the poor childs life was worth?
I hope a cleanout of the Judiciary is on the OBA’s ‘to do’ list.
Justice Carlisle Greaves…I hope you sleep well at night BOY!
Truth is killing me .I hope to hell he has nightmares…what a horrible decision….
I am just outraged at this decision…. I appreciate that both Saul Froomkin and Carlisle Greaves are doing their job (or lack thereof in this case) but what I don’t appreciate is that Ms. Franks will be permitted to serve community hours for being negligent for Nasir’s life. This is the exact reason why people take the law into their own hands…. And then the book gets thrown at the victim for retaliating.
In addition, I wonder what price was paid (in any way, shape or form) for her to be ‘awarded’ such a sentence. It certainly would not equate to the loss of that sweet little angel’s life.
I pray for people like Franks, Froomkin and Greaves because it would be hard for me to sleep at night just on conscience alone.
She really deserves to have been fenced in for at least nine months.
Yes this incident could have easily happened when she was home because she NEGLIGENTLY placed his playpen next to a dangling cord. However, had she been where she was meant to be she may have heard him stir from his slumber and removed him from danger. Instead he was left to entertain himself with tragic consequences.
Please don’t let this precious little boy have died in vain. The Government needs to make sure that minders are adequately trained in chilcare and BASIC home safety. Their homes should be risk- assessed and regularly inspected. Lessons should be learned so no other family has to face the same sorrow as Nasir’s have faced.
R.I.P little one.
Is this killer still able to operate daycare? Why was not the relative sitting on the porch also charged with crimminal neglegence?
My heart goes out to the parents. I hope the time does not come when the relatives of victims say “ENOUGH IS ENOUGH.” and take matters into their own hands.
Bermuda will never get better. We may as well not even have a Court System. Im going to be as straight up as that.
I blame the System the Judicial System The Police , the whole damn Authorities.
People need to be Locked The F$%$ UP.. Im tired of reading about sh**** like this. It is Frustrating.
I feel your pain system is to blame…this judicial system does suck …and else for the judges in Bermuda they leave a lot to be dsired.
This such a sad story
I was sitting here thinking I mightest well go on the killing rampage!
1. NO OR LITTLE JAIL TIME
2. FREE EDUCATION IN JAIL (TAX PAYERS MONEY EVEN THE DECEASED RELATIVES PAY FOR THIS)
3. FREE JOB (WORK RELEASE)
4. AND A JOB WHEN I GET RELEASED
Something is not right with this picture!
RIP NASIR GODS ANGEL
. . .and don’y forget that they get to keep the money they make while on day release to have savings for when they get out!!!!
This is why people take matters into their own hands…and i’m not saying it is right to do. However, judges in BDA make a mockery of justice so what’s the point of waiting for 18 months for community service or some other ‘soft’ sentence when people can take care of justice in a way that they would like to see it done immediately.
How can a judge lock up what most people describe as a good person who killed his dog before the govt vets did it and not lock up a person who hasn’t taken any responsibility for killing a child.
The persons who were in agreement of jail time for the dog killer are silent (not commenting) on this human childs death. That’s the most disraceful part of this, there is a segment of this island that fight for dogs, trees, cats and birds but where are they when humans are killed and children die?
There should be a mass protest and these judges should be asked to resign, immediately. They should never be allowed to judge again. They have proven themselves to be unworthy of judging.
This woman needs to burn in f#% kin hell!!! S.I.P. fam
DPP (Prosecution) messed this one up also, she was only charged for negligence, not manslaughter. If that was my child, someone would probably be going to jail, probably me…
Listen Mr. Judge Greaves, you felt Ms. Franks decision to leave children behind (children that SHE ALONE was supposed to be looking after)to go pick up her daughter was not a “selfish act” but “an act of love”! Are you out of your mind; What if the house burnt down while she was out on an act of love, would the situation be an “an act of nature”, where it could or would have been three or four deaths! Mr. Greaves, get your head out of the clouds. You should have applied the correct punishment, which is incarceration for death of a child left alone in a room, who could not himself prevent his own death, and who further was supposedly left under the care of someone with the unfortunate medical condition of Alzheimer’s disease! DPP, appeal this sentence!
Debbie,I agree with you,thank God there were no other fatalities !!!Greaves should be ashamed of this sentence.
This sentence should be appealed and the sooner the better.
Government needs to check into all the care minders on this island who are looking after children without authority to do so. They take in several children in small rooms not suitable for very young children and who knows what they are doing all day ——- their housework etc instead of having their eyes on those children every minute.Ms Franks may have been a licensed caregiver but who was checking up on her on a regular basis ? Parents need to make several “surprise ” visits on caregivers to check on their children as some smiling lady pretending to be so loving is not always the case. Ms Franks should never be allowed to look after children again and should certainly have more than community service as punishment.
Judge Greaves, you really got it wrong this time for sure. Nasir was a baby, who was supposed to be in safe hands at all times. Instead, picking up an adult who could have caught a taxi, took precedence. Not Nasir. RIP Baby Boy.
shame on you Greaves !!!! how the hell do you live with yourself ?
you said it all came down as an accident !!!!!!!!!!and you let her walk free ??? a little adorable boy under her care has died !!!!!!!! and all you can say it was an accident…I am so sad for the couple that has lost their beautiful son…..and I am disgusted as how you handled this case.
I am so pissed of with judge Greaves decision….
A double tradgedy.
People need to march, protest, e-mail your MP,
comment below.
Hopefully there will be a competent appeal.
I don’t understand this decision at all! So if someone goes out, drinks too much, drives home, kills someone as a result of their decision to drink one can say they did not intend to kill anyone but the fact of the matter is their negligence directly resulted in the death of an innocent person. Is this not the same as the case with this woman? Pathetic!
both are forseeable results and 100% preventable!
A dog iss seen as being of more value than a child? Come on!
My condolences, again to the families.
Disgraceful. The women continually left the children alone and was an accident waiting to happen. I cannot comprehend the thoughts of the judge not to impose a custodial sentence.
I agree. Mrs Franks may have seen is as an “accident”, but it was an accident waiting to happen if she continually left the babies unattended and broke the rules on child numbers. I want to know what the government is going to do to regulate child minders in the future….I see mrs Franks was a “registered” child minder, but obviously that offers no guarantees at all to parents or children.
Continued condolences to the family as well as Ms. Franks. There are no winners here. But why try to attack Mr. Greaves for looking at the bigger picture. We Bermudians are selfish, if the result doesnt go the way we want then it is a unfair resultand we start comparing apples with oranges.
Lets not forget everybody was singing Mr.Greaves praises when he started locking up wannabe gangstas with consecutive sentences and not concurrent, plus they had to serve a huge sum of those sentences before being released.
How quick we forget.
So….are you saying that he’s now compensating by heading the other way?
Personally, I cannot comprehend how Justice Greaves can look at himself in the mirror this, or any other morning……
justice Greaves, you made one hell of a mistake…and you shoud look in the mirror……..
You must be a family member of Ms. Franks. She is to be blamed for what happened to innocent baby!!!!!
And Greaves I hope you can live with yourself for this one, what connection do you have to Ms. Franks???
Sad sad sad, condolences to the parents, I’m sure the sentence was the hardest thing for you
abosolutly pathetic bda justice system, woman should of gotten atleast 10 years!!!!! in the us that would of been her sentance! sad u get more time for low level drugs than involentary manslaughter!!! overhaul is def needed
Kinda speechless, .. Jennifer Franks should be shivering in Coed. Instead she is walking free. I can tell you if it was reversed her and her sister wouldn’t let the case rest. The parents of the baby should appeal. I pray for their comfort and strength at this time, as this was a hard blow.
As a mother and Nana, my heart aches for Emery/Burgess families.
I worked in the same Company as Ms Emery, and I can honestly say that
I have not seen a smile on her face since that awful day. I pass her
during the day and can barely look at her because of the sadness in her
face. Please Bermuda, let us continually keep Nasir’s family in our prayer.
May GOD bless them.
This is so hurting to read !!! This out come is not surprising if you look at cases like this … May the memory of this lil angel not live in vain … Love you guys …
The worst part; He said that given the pathologist’s evidence, ” the same thing could have happened if she had left the room and gone into the kitchen to make tea or get something. ” They said the similar thing in the Tyneisha Cox case when the lil girl got ran over @ Purvis Primary years back ….
I should hope caregivers are paying attention to the detail, so we never have this happen again.It takes seconds but how far is the was medical house from the caregiver house.
I guess this is what we call accident and we human beings will never understand justice when things like this happening …
Knowing your leaving children unattended is a no no especially someone’s child. Yes people will suffer their own consequences as well their conscience should prick them but pls stop giving people the impression that theses things are ok … Many blessings and prayers to the Mother, Father, family & friends … #nothingbuttears