Case of Kenneth A. Frank, MD
(AKA: Yonatan Efrat, Ken Frank, Kenneth Frank, Kenneth Aaron Frank)
This page has been created to honor the bravery of the women who came forward and had Kenneth Frank prosecuted.
(AKA: Yonatan Efrat, Ken Frank, Kenneth Frank, Kenneth Aaron Frank)
This page has been created to honor the bravery of the women who came forward and had Kenneth Frank prosecuted.
Bakersfield, CA
Ra'anana, Israel
Jerusalem, Israel
Tel Aviv, Israel
Ra'anana, Israel
Jerusalem, Israel
Tel Aviv, Israel
Dr. Kenneth Frank was 39 years old in 1989 when he was convicted of drugging and raping two women. He fled to Israel, but was recaptured in 2007, brought back to Bakersfield and sentenced to 12 years in prison.
The Awareness Center is looking to find old articles from this case along with any court documents back from the 1980s - 90s. Please forward any information you may have on this case to VickiPolin @aol.com
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October 3, 1990 - Considered a fugitive since when he failed to show up for his sentencing hearing in Kern County Superior Court where probation officers recommended that he be sentenced to 12 years in prison. The television show "Unsolved Mysteries" aired a segment about Frank in 1990, which resulted in 160 leads.
December, 2004 - FBI agent working with Interpol located Frank living in Israel. "International red tape" delayed his arrest
July 26, 2006 - Arrested by Israeli police after a California FBI agent discovered he was living in Tel Aviv under the name Yonatan Efrat..
December 3, 2007 - Sentenced to 12 years in prison.
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Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs.
Table of Contents:
1989
1990
2006
2007
Table of Contents:
1989
- Kenneth A. Frank, 56, was convicted Kern County on April 20, 1989. (04/20/1989)
- Frank v. Superior Court (People) (1989) 48 Cal.3d 632 , 257 Cal.Rptr. 550; 770 P.2d 1119 (04/20/1989)
1990
- Unsolved Mysteries - Dr. Kenneth Franks (10/03/1990)
2006
- Fugitive doctor convicted of rape 16 years ago arrested in Israel (07/26/2006)
- News From the San Jaquin Valley (07/27/2006)
- Bakersfield doctor behind bars in Israel (07/27/2006)
- Fugitive doctor from Kern County arrested in Israel (07/27/2006)
- Israel court orders Bakersfield rapist jailed (08/02/2006)
- Police: Fugitive California rapist is Dr. Yonatan Efrat (08/02/2006)
- Runaway convicted US rapist found in Ra'anana (12/28/2006)
- Doctor ordered extradited to Bakersfield from Israel (12/28/2006)
- Convicted US rapist to be extradited after being discovered living in Ra'anana under assumed name (12/28/2006)
2007
- Doctor convicted of rape years ago to return to court (07/26/2007)
- Convicted rapist assigned public defender (08/02/2007)
- Rapist doctor assigned public defender (08/02/2007)
- Bakersfield Police Department Warrent Office (10/08/2007)
- Former Bakersfield physician sentenced decades after crime (12/03/2007)
- Fugitive doctor sentenced - Rape of two women in '80s nets 12-year sentence (12/03/2007)
- Doctor sentenced to 12 years for rape (12/03/2007)
- Court faces key cases: Busy slate may delay trials for defendants facing murder charges (12/03/2007)
- Bakersfield doctor sentenced for decades-old rapes (12/04/2007)
2008
- Pedophile suspect extradited from Israel charged in NY (01/10/2008)
- State of California Inmate Locator (01/13/2012)
Frank v. Superior Court (People) (1989) 48 Cal.3d 632 , 257 Cal.Rptr. 550; 770 P.2d 1119
Supreme Court of California - April 20, 1989
[No. S001963. Supreme Court of California. April 20, 1989.]
KENNETH FRANK, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; THE PEOPLE, Real Party in Interest
(Opinion by Panelli, J., with Lucas, C. J., Mosk, Eagleson and Kaufman, JJ., and Arguelles, J.,* concurring. Separate concurring opinion by Kaufman, J. Separate dissenting opinion by Broussard, J.)
* Retired Associate Justice of the Supreme Court sitting under assignment by the Chairperson of the Judicial Council. [48 Cal.3d 633]
COUNSEL
Stanley Simrin and Simrin & Moloughney for Petitioner.
John M. Sink as Amicus Curiae on behalf of Petitioner.
No appearance for Respondent.
John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, J. Robert Jibson, Roger Venturi, Gary A. Binkerd, Robert R. Anderson, Edgar A. Kerry, Anthony L. Dicce and Gelacio L. Bayani, Deputy Attorneys General, for Real Party in Interest.
John J. Meehan, District Attorney (Alameda), Thomas J. Orloff and William M. Baldwin, Assistant District Attorneys, Cheryl M. Poncini, Deputy District Attorney, Kent S. Scheidegger and Charles L. Hobson as Amici Curiae on behalf of Real Party in Interest. [48 Cal.3d 635]
OPINION
PANELLI, J.
The Court of Appeal, by peremptory writ, directs the trial court to grant petitioner's motion to sever trial on two rape counts. We reverse.
An information filed in the Kern County Superior Court charges petitioner Dr. Kenneth Frank (hereafter Frank) in two counts of rape under Penal Code section 261, subdivision (3). fn. 1 Frank is accused of raping two victims on separate occasions by luring them to his apartment, causing them to drink coffee laced with a drug, and having intercourse with them during the hours they were drugged. He admits having intercourse with the women, denies any use of drugs, and claims they freely consented to intercourse.
Frank moved for severance of trial on the counts. (Pen. Code, § 954.) fn. 2 The trial court denied the motion, and the Court of Appeal denied Frank's petition for writ of prohibition and/or mandate. We granted review and transferred the cause to the Court of Appeal with directions to issue an alternative writ.
Thereafter, applying the severance analysis set out in People v. Smallwood (1986) 42 Cal.3d 415, 424-433 [228 Cal.Rptr. 913, 722 P.2d 197], the appellate court issued a peremptory writ of mandate, directing the trial court to sever the rape counts. The court first determined that our holding in People v. Tassell (1984) 36 Cal.3d 77 [201 Cal.Rptr. 567, 679 P.2d 1] compelled the conclusion that the proffered evidence for each count would not be admissible in the trial on the other count if it were separately tried. The court also concluded that defendant was prejudiced by the joinder of the two offenses. We granted the Attorney General's petition for review.
The Court of Appeal "reluctantly" concluded that it was compelled by Tassell, supra, 36 Cal.3d 77, to order severance, and it suggested that this is an appropriate case for reconsideration of that holding. We reject the suggestion. Tassell and the decisions discussed therein did not involve a trial [48 Cal.3d 636] court's discretion on motion to sever charged offenses. In our view, therefore, any reconsideration of Tassell, if deemed warranted, should await a more appropriate vehicle -- specifically, a case involving, as did Tassell, the admissibility at trial of other, uncharged offenses.
Our concern here is the reliance by the Court of Appeal on People v. Smallwood, supra, 42 Cal.3d 415, 425, 429 insofar as that case may misplace the burden to show potential prejudice. As we stated in People v. Bean (1988) 46 Cal.3d 919, 939, footnote 8 [251 Cal.Rptr. 467, 760 P.2d 996], "Misleading language in [Smallwood] ... implies that because prejudice is always presumed when offenses are joined and the evidence is not cross-admissible, the People must establish that the noncross-admissible evidence cannot reasonably affect the verdicts. As this court recognized in Williams v. Superior Court, supra, 36 Cal.3d 441, 452, and has since reaffirmed in Ruiz [People v. Ruiz (1988) 44 Cal.3d 589 (244 Cal.Rptr. 200, 749 P.2d 854)] and Balderas [People v. Balderas (1985) 41 Cal.3d 144 (222 Cal.Rptr. 184, 711 P.2d 480)], when the question is not admission of evidence of an uncharged offense, but whether severance of charged offenses should be ordered, the defendant carries the burden of clearly showing potential prejudice. No abuse of discretion in denying severance will be found absent that showing in the trial court." (Italics added.)
Applying general principles of law applicable to the severance of counts and recognizing that it is the burden of the defendant to clearly show potential prejudice in the joinder (see Bean, supra, 46 Cal.3d 919, 939), we conclude that the trial court did not abuse its discretion in ruling against severance.
Facts
Since the relative strength of the two counts is a factor in severance, we set out a detailed statement of the facts. The transcript of the preliminary examination, the only evidentiary record before us, reveals the following:
Count 1. On Friday, February 7, 1986, Dr. Ilene P., a clinical psychologist and teacher at a local college, went to Todd's Bar. There she saw Frank whom she recognized as a physician she had met at a reception for a local judge and whom she had spoken to on business matters. She approached Frank, joined him, and had two drinks. When she declined his invitation to go to a movie, Frank decided to accompany her to temple. Frank then took Dr. P. to a meeting at the medical center where he worked. After dinner, Dr. P. accepted Frank's invitation to watch a video at his apartment but made it clear she was not interested in sex. They arrived at his apartment about 11:30 p.m. [48 Cal.3d 637]
Dr. P. declined Frank's offer of wine but accepted some Cafe Vienna. She expressed distaste at its sweetness. Frank twice urged her to drink the whole cup which she eventually did. Shortly thereafter, Dr. P. became very drowsy and fell asleep on the couch while watching the video. She remembered the two of them leaving his apartment about 1:30 a.m. but was not fully conscious until 6 p.m. on Saturday, when she was awakened by the ringing of the telephone and, to her surprise, found herself naked in bed with Frank. Frank left shortly thereafter and Dr. P., too groggy to work as planned, slept until 7 a.m. the next morning, Sunday.
Dr. P. cancelled a date for hiking with Frank but agreed to have breakfast with him and told him she suspected she had been drugged or gotten food poisoning. Throughout the day Dr. P. continued to feel tired, nauseous, and "headachy." In the late afternoon, Frank told her that they had had sexual relations and that he put a drug in her coffee thinking it would relax her.
The following morning, Dr. P. could not recall the name of the drug Frank had mentioned. She called his office; he told her it was Ativan. She submitted to a urine and blood test that afternoon; the test was negative for Ativan.
Dr. P. subsequently recalled several things that happened between 1:30 a.m. and 6 p.m. on Saturday: She recalled being in a shower with Frank and being in bed with him. She also remembered Frank lying on top of her with his penis in her vagina.
When police investigated Dr. P.'s complaint, Frank admitted being with her but denied any use of drugs. He admitted using Cafe Vienna with tranquilizers to quiet his dogs and put them to sleep. Cafe Vienna was seized from Frank's apartment with his consent, but tested negative for Ativan. There were no dogs in the apartment.
Count 2. On October 12, 1985, Ms. Beverly R., a student at San Joaquin Valley College, and a female friend went to a local bar for a glass of wine. About 2:20 a.m. they went to another bar where the friend introduced Ms. R. to Frank and his brother. Shortly thereafter Frank agreed to drive Ms. R. home but stopped first at his apartment "to get something." At Frank's suggestion, they smoked a pipeful of marijuana. When Ms. R. commenced coughing, Frank fixed her a drink that tasted like coffee but was very sweet and which he told her contained cognac.
A half hour later Ms. R. began to feel dizzy; she told Frank she was ill and wanted to go home. Frank asked her how much she weighed; she told [48 Cal.3d 638] him. Her vision became blurred and she fell over, striking her head on the arm of the couch. She felt herself being carried toward the bedroom. She then lost consciousness. It was about 4 a.m. on October 13.
Ms. R. was shaken awake by Frank at 7 a.m. on October 14. She was in bed with him, naked; the sheets were covered with menstrual blood; she had vaginal pain; and semen was running down her legs. She was unable to recall anything that happened during the 27-hour period between the time she passed out and the time Frank awakened her.
Ms. R. asked Frank if they had had intercourse, and he told her that they had and that she enjoyed it. He said he had given her a drug called Ativan to put her mind to sleep.
A month after the incident, Ms. R. went to a doctor to make sure she did not have venereal disease but did not report the incident to police until three months after the incident because she was afraid of Frank. She testified that he had threatened her.
Ativan, the drug Frank told both victims they had ingested, is normally prescribed for anxiety or insomnia. A large dose can cause an extended period of unconsciousness. Alcohol adds to this effect. Ativan's half life in the human body is about 18 hours. A sensitive blood or urine test should be able to detect the residue from a large dose of Ativan taken two and a half days earlier.
The trial court denied Frank's motion to sever trial on the two counts, ruling that the offenses were cross-admissible and that there was no prejudice to Frank in the joinder. fn. 3
Discussion
Section 954 authorizes joinder of offenses of the same class. The two counts of rape are of the same class, and Frank concedes that the statutory requirements of joinder are satisfied in this case. He argues, however, that severance is required "in the interest of justice" and for good cause shown. (§ 954.)
[1] Inasmuch as the statutory requirements of joinder are clearly met, Frank can predicate error only on a clear showing of potential prejudice. [48 Cal.3d 639] (Williams v. Superior Court (1984) 36 Cal.3d 441, 447 [204 Cal.Rptr. 700, 683 P.2d 699].) The determination of prejudice is necessarily dependent on the particular circumstances of each individual case, but certain criteria have emerged to provide guidance in ruling upon and reviewing a motion to sever trial. Thus, refusal to sever may be an abuse of discretion where "(1) evidence on the crimes to be jointly tried would not be cross-admissible in separate trials; (2) certain of the charges are unusually likely to inflame the jury against the defendant; (3) a 'weak' case has been joined with a 'strong' case, or with another 'weak' case, so that the 'spillover' effect of aggregate evidence on several charges might well alter the outcome of some or all; and (4) any one of the charges carries the death penalty." (People v. Balderas (1985) 41 Cal.3d 144, 173 [222 Cal.Rptr. 184, 711 P.2d 480].)
[2] While the first criterion -- cross-admissibility -- can be dispositive when it is determined that the charged crimes would be cross-admissible at separate trials, the trial court's discretion under section 954 to deny severance is broader than its discretion to admit evidence of uncharged crimes under Evidence Code section 1101 because additional factors favor joinder. Trial of the counts together ordinarily avoids the increased expenditure of funds and judicial resources which may result if the charges were to be tried in two or more separate trials. (People v. Matson (1974) 13 Cal.3d 35, 41 [117 Cal.Rptr. 664, 528 P.2d 752]; Coleman v. Superior Court (1981) 116 Cal.App.3d 129, 138-139 [172 Cal.Rptr. 86].)
[3] The burden placed on the parties differs substantially depending on whether the trial court is asked to sever properly joined offenses or is asked to admit evidence of an uncharged offense. We explained in People v. Bean, supra, 46 Cal.3d 919, 938: "In cases in which the evidence to be introduced related to an uncharged offense the People, as the proponent of the evidence, bear the burden of persuading the judge that the potential prejudice from the jury becoming aware of the uncharged offense is outweighed by the probative value of the evidence. This is proper because evidence of uncharged offenses is generally inadmissible. (Evid. Code, § 1101; People v. Anderson (1987) 43 Cal.3d 1104, 1136 [240 Cal.Rptr. 585, 742 P.2d 1306].) Admission of the evidence involves, inter alia, the danger of confusing the issues, introducing collateral matters, or tempting the jury to condemn defendant because he has escaped adequate punishment in the past. (People v. Thompson (1980) 27 Cal.3d 303, 317 & fn. 18 [165 Cal.Rptr. 289, 611 P.2d 883].) It is therefore appropriate, when the evidence is of an uncharged offense, to place on the People the burden of establishing that the evidence has substantial probative value that clearly outweighs its inherent prejudicial effect. ...
"The burden is reversed, however, when the offense to which the evidence is relevant is a charged offense, properly joined with another for trial. [48 Cal.3d 640] The prosecution is entitled to join offenses under the circumstances specified in section 954. The burden is on the party seeking severance to clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried. (People v. Ruiz (1988) 44 Cal.3d 589, 605 [244 Cal.Rptr. 200, 749 P.2d 854]; People v. Balderas (1985) 41 Cal.3d 144, 173 [222 Cal.Rptr. 184, 711 P.2d 480].) When the offenses are joined for trial the defendant's guilt of all the offenses is at issue and the problem of confusing the jury with collateral matters does not arise. The other-crimes evidence does not relate to an offense for which the defendant may have escaped punishment. That the evidence would otherwise be inadmissible may be considered as a factor suggesting possible prejudice, but countervailing considerations that are not present when evidence of uncharged offense is offered must be weighed in ruling on a severance motion. The burden is on the defendant therefore to persuade the court that these countervailing considerations are outweighed by a substantial danger of undue prejudice." (46 Cal.3d at pp. 938-939.)
[4] Keeping in mind that, in evaluating the merits of a motion to sever, our consideration is limited to "the showings then made and the facts then known" (Balderas, supra, 41 Cal.3d at p. 171), we turn to the proceedings in the trial court.
Before the trial court, defense counsel argued that the counts would not be cross-admissible in separate trials because there were no issues of identity, of accident or mistake, of knowledge, or of plan: "There is one issue and one issue only. Either they are lying or he is lying, and that's it. That's what this case is all about, credibility, and nothing more." He stated that there would be virtually no joint witnesses, aside from the expert and perhaps one policeman, and that the sole reason for joinder was to bolster the credibility of one victim by the testimony of the other. He asserted, "We have prejudice here," but could point to nothing but the fact of joinder -- that Frank faced two charges instead of one.
The prosecution relied on the statutory preference of joinder, reviewed the criteria for assessing potential prejudice, and argued that the cases were cross-admissible at separate trials, that both cases were of equal weight, strong cases presenting two coherent professional woman, and that neither case was particularly inflammatory.
The trial court found that the evidence on the joined charges would have been admissible in separate trials and, apparently on the assumption that any potential for prejudice was thereby dispelled, denied the motion without discussing any of the other factors outlined in Williams, supra, 36 Cal.3d at page 452 or Coleman, supra, 116 Cal.App.3d at page 139 to be [48 Cal.3d 641] considered in ruling on the request for separate trials. The Court of Appeal, on the other hand, concluded the counts would not be cross-admissible and found potential prejudice in the failure to sever. Our assessment of potential prejudice differs from that of the Court of Appeal.
After our decision in Williams, supra, 36 Cal.3d 441, we have made clear on several occasions that cross-admissibility is not the sine qua non of joint trials. (See Balderas, supra, 41 Cal.3d at pp. 172-173; People v. Ruiz (1988) 44 Cal.3d at pp. 589, 606 [244 Cal.Rptr. 200, 749 P.2d 854]; Bean, supra, 46 Cal.3d at p. 938; also People v. Poggi (1988) 45 Cal.3d 306, 321 [246 Cal.Rptr. 886, 753 P.2d 1082]; People v. Walker (1988) 47 Cal.3d 605, 623 [253 Cal.Rptr. 863, 765 P.2d 70].) [5] Whether charged counts are cross-admissible in separate trials is only one of the factors to be considered in determining whether potential prejudice requires severance, and in this case we do not have to determine whether the rape counts would be cross-admissible in separate trials, for we conclude that, based on all the criteria, Frank has not met his burden to show potential prejudice and that the trial court did not err in denying the motion to sever.
This is not a case in which the evidence of the defendant's guilt on one of the joined offenses is weak, while evidence on the other was strong. The offenses appear to be of relatively equal strength. The prosecution's evidence, as is frequently the case when rape is the charge, consists primarily of the testimony of the victims. Frank's concession of identity adds significantly to the prosecution's case. The victims, whose credibility will be a matter for the jury, appear to be equally coherent, and neither case can be described as weak. Further, neither offense is particularly inflammatory in comparison with the other. Combining the above considerations with the often-stated benefits of joinder (see Bean, supra, 46 Cal.3d at pp. 939-940), we conclude that Frank has not made an adequate showing of potential prejudice and that the trial court did not abuse its discretion in denying severance.
The judgment of the Court of Appeal is reversed. The cause is remanded to the Court of Appeal with directions to discharge the alternative writ, deny the petition for writ of mandate, and remand to the trial court.
Lucas, C. J., Mosk, J., Eagleson, J., Kaufman, J., and Arguelles, J.,* concurred.
* Retired Associate Justice of the Supreme Court sitting under assignment by the Chairperson of the Judicial Council.
KAUFMAN, J.
I concur fully in the majority opinion. I write separately to address the assertion in the dissenting opinion of Justice Broussard that [48 Cal.3d 642] the two alleged crimes would not be cross-admissible and that denial of the severance motion was prejudicial to defendant because the "similarity [of the two charged crimes] is not probative as to any legitimate issue." Both these conclusions are demonstrably incorrect.
Evidence of the two charged crimes (rape where the victim was "prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, administered by ... the accused" [Pen. Code, § 261, subd. (3)]) would have been cross-admissible even had there been separate trials. Evidence Code section 1101, subdivision (b), makes it clear that evidence of another crime is not inadmissible when relevant to prove some disputed fact, such as intent, preparation or plan. (Accord: People v. Thompson (1980) 27 Cal.3d 303, 314-315 [165 Cal.Rptr. 289, 611 P.2d 883]; People v. Schader (1969) 71 Cal.2d 761, 775 [80 Cal.Rptr. 1, 457 P.2d 841].)
Here, there can be no doubt that intent is in issue as to each charge. Indeed, intent is practically the only issue. Defendant will admit his presence; indeed, he will no doubt admit intercourse. His only defense will be that the victim in each case consented or that he had a reasonable belief that she consented. The victim in each case claims that she was prevented from resisting, i.e., not consenting, by drugs administered to her by defendant.
The majority in People v. Tassell (1984) 36 Cal.3d 77 [201 Cal.Rptr. 567, 679 P.2d 1], was clearly mistaken in asserting that intent was not in issue in that case because "[w]hichever version of the facts is believed, defendant intended intercourse." (Id., at p. 88, fn. 7.) Of course, he intended intercourse, but that was not the intent at issue. The intent at issue was the intent to have intercourse irrespective of or without the consent of the victim -- i.e., by the use of force or fear. If that was not the intent required, how can reasonable belief there was consent be a defense to a charge of forcible rape? (See People v. Mayberry (1975) 15 Cal.3d 143, 155 [125 Cal.Rptr. 745, 542 P.2d 1337].) That is what Justice Reynoso tried so hard to explain in his concurring and dissenting opinion in Tassell and his logic is irrefutable. (36 Cal.3d at pp. 92-94.) Tassell should be overruled on this point and I trust it will be in an appropriate case.
So, here, the intent at issue is not defendant's intent to have intercourse but to have nonconsensual intercourse after the victim in each case was drugged to prevent her resisting. Defendant, of course, denies any such intent. The similarity of the crimes is striking; they allegedly each involved a plan or scheme to get the victim in a secluded social situation, drug her and then have intercourse with her when she could not resist because of the drug. The two crimes were "signature" crimes, material not to the undisputed fact of identity, but to the disputed issue of intent. And they would [48 Cal.3d 643] clearly be cross-admissible for that purpose. (Evid. Code, § 1101, subd. (b); People v. Thompson, supra, 27 Cal.3d 303, 314-315; People v. Mayberry, supra, 15 Cal.3d 143, 155-156.)
BROUSSARD, J.
I dissent. I agree with the majority that when we are confronted with the question whether trial of offenses of the same class should be severed, the cross-admissibility of the offenses in separate trials is not the sine qua non of the analysis. Nonetheless, cross-admissibility is important in determining the ultimate question, whether joint trial would be unduly prejudicial to the defendant. As we said in Williams v. Superior Court (1984) 36 Cal.3d 441, 448 [204 Cal.Rptr. 700, 683 P.2d 699]: "The initial step in any review of a motion to sever is to examine the issue of cross-admissibility of evidence." The majority err when they fail to undertake this analysis and consider only the other factors enumerated in Williams.
The Court of Appeal was right when it determined that it and the trial court were bound by our decision in People v. Tassell (1984) 36 Cal.3d 77 [201 Cal.Rptr. 567, 679 P.2d 1], and that under that decision the charged crimes would not be cross-admissible. It was also right in concluding that joint trial would be prejudicial to the defendant. As it explained, the crucial issue was credibility, and the credibility of the complaining witnesses is not overwhelming. In such a credibility battle, the similarity of the charges will prejudice defendant, though the similarity is not probative as to any legitimate issue. I would affirm the judgment of the Court of Appeal.
FN 1. Section 261 provides in pertinent part: "Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: [¶] (3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, administered by or with the privity of the accused."
FN 2. Section 954 provides in relevant part: "An accusatory pleading may charge ... two or more different offenses of the same class of crimes or offenses, under separate counts .... [Provided], that the court in which a case is triable, in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts set forth in the accusatory pleading be tried separately ...."
Unless otherwise indicated, all future statutory references are to the Penal Code.
FN 3. In denying the motion, the trial court stated: "Even if the Court were to sever the two counts for trial, the non charged occurrence would be admissible to show the unusual method in which these rapes were carried out. Several of the specific issues listed in Evidence Code 1101 (b) would be applicable (intent, plan, knowledge, or absence of mistake or accident, or, specifically, absence of consent)."
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Fugitive doctor convicted of rape 16 years ago arrested in Israel
By JESSICA LOGAN, Californian staff writer
Bakersfield - Wednesday, Jul 26 2006
A Bakersfield doctor who drugged and raped two women more than two decades ago is behind bars in Israel after fleeing the country 16 years ago.
Kenneth A. Frank, 56, was convicted Kern County on Dec. 20, 1989.
One of his victims, who is now 57, said Wednesday she was relieved Frank is behind bars. Her name will not be released because she was the victim of rape.
"I didn't think anyone was looking for him," said the elder of the two victims. "I'm thrilled."
Deputy District Attorney Lisa A. Green, who prosecuted Frank, said a Bakersfield FBI agent working through Interpol led to the finding of Frank in Israel in December, 2004.
But what Green called "international red tape" delayed until Tuesday the actual arrest of Frank in Tel Aviv where he was using the name Yonatan Efrat, she said.
Green said she still has very little information about Frank's time in Israel, but she knows he has gotten married and has a child.
"He was very upset" when he was arrested, Green said.
It was Green who in 1989 asked then Kern County Superior Court Judge Lewis King to take Frank into custody right after the jury rendered its conviction.
But King, who is now deceased, denied the request and Frank fled before his sentencing hearing. The probation department recommended Frank be imprisoned for 12 years.
The Californian has been unable to contact the second victim, who was 23 in 1986 when she encountered Frank, but Green has talked to her and the woman "was relieved to the point of tears," Green said.
Frank is expected to appear in an Israeli court Wednesday for an extradition hearing, according to a prosecution press release.
If Frank is ordered to return to the United States, he will be given an automatic appeal in Israel, according to the release.
The doctor was convicted in 1989 on two counts of rape after drugging his victims, but he remained free on bail awaiting his sentencing hearing on Jan. 17, 1990. The doctor did not appear for the hearing and a warrant was issued for his arrest. Investigators have been searching for him ever since.
During that investigation, Frank's car was spotted at Los Angeles International Airport and investigators believe the doctor had a passport allowing him to travel out of the country.
The television show "Unsolved Mysteries" aired a segment about Frank in 1990, which resulted in 160 leads.
Frank testified at his trial on charges of raping 23-year-old woman in 1985 and a 37-year-old woman in 1986.
Frank took the women to his apartment and tranquilized them, according to evidence presented at the trial. When the women woke up they had no clothes on and found evidence someone had sexual intercourse with them, the women testified.
Frank told them not to worry because they enjoyed having sex with him, the women said. The doctor testified the women had sex with him voluntarily.
Frank's attorney Stanley Simrin said he has not spoken to the doctor since the trial and didn't know where he had gone.
He said he had no indication Frank would flee.
"He showed up at all of his appearances," Simrin said.
Green said shortly after Frank left, investigators believed he had gone either to Mexico or Israel.
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Unsolved Mysteries
Octboer 3, 1990
Considered a fugitive since when he failed to show up for his sentencing hearing in Kern County Superior Court where probation officers recommended that he be sentenced to 12 years in prison. (1990)
Part 1
Part 2
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News From the San Joaquin Valley
Associated Press - July 27, 2006
BAKERSFIELD, Calif. (AP) - A Bakersfield doctor was arrested in Israel, where he has lived since fleeing sentencing for drugging and raping two women.
Kenneth A. Frank, 56, was arrested Tuesday by Israeli police after a California FBI agent discovered he was living in Tel Aviv under the name Yonatan Efrat.
Frank was convicted in Kern County of drugging and raping two women on Dec. 20, 1989. He was free pending sentencing. Authorities believe he left in 1990.
The FBI worked with the international intelligence agency, Interpol, and found Frank in December 2004 but "international red tape" delayed his arrest, said Kern County Deputy District Attorney Lisa A. Green.
Frank married and had a child while in Israel, she said.
He is waiting extradition hearings in Israel to see if he will be ordered to return to the United States.
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Bakersfield doctor behind bars in Israel
BY JESSICA LOGAN AND STEVE E. SWENSON
Backersfield - Jul 26 2006
A Bakersfield doctor who drugged and raped two women more than two decades ago is behind bars in Israel after fleeing the country in 1990.
Kenneth A. Frank, 56, was convicted in Kern County of drugging and raping two women on Dec. 20, 1989.
One of his victims, now 57, said Wednesday she's relieved Frank is behind bars. It's The Californian's policy not to name victims of sexual assault.
"I didn't think anyone was looking for him," said the elder of the two victims. "I'm thrilled."
A Bakersfield FBI agent working with the Paris-based international intelligence agency Interpol led to Frank's discovery in Israel in December 2004, said Kern County Deputy District Attorney Lisa A. Green, who prosecuted Frank.
But what Green called "international red tape" delayed until Tuesday the actual arrest of Frank in Tel Aviv, where he was using the name Yonatan Efrat, she said.
Green said she still has very little information about Frank's time in Israel, but she knows he got married and has a child.
"He was very upset" when he was arrested, Green said.
It was Green who, in 1989, asked then-Kern County Superior Court Judge Lewis King to take Frank into custody right after the jury convicted him.
But King denied the request and Frank fled before his sentencing hearing.
The Probation Department recommended Frank be imprisoned for 12 years.
The second victim, who was 23 in 1986 when she encountered Frank, couldn't be reached. But Green has talked to her and said the woman "was relieved to the point of tears."
Frank was expected to appear in an Israeli court Wednesday for an extradition hearing, according to a prosecution press release.
If Frank is ordered to return to the United States, an immediate appeal will go to the Israeli Supreme Court, the release said.
The doctor was convicted in 1989 on two counts of rape after drugging his victims with Ativan, but he remained free on bail awaiting his sentencing hearing on Jan. 17, 1990. Ativan is used to treat anxiety, according to WebMD.com.
The doctor did not appear for the hearing and a warrant was issued for his arrest. Investigators have been searching for him ever since.
During that investigation, Frank's car was spotted at Los Angeles International Airport and investigators believe the doctor had a passport allowing him to travel out of the country.
The television show "Unsolved Mysteries" aired a segment about Frank in 1990, which resulted in 160 leads.
Frank testified at his trial on charges of raping a 23-year-old woman in 1985 and a 37-year-old woman in 1986 that he had consentual relationships with both.
Evidence showed Frank took the women to his apartment and tranquilized them.
When the women woke up they had no clothes on and found evidence someone had sexual intercourse with them, the women testified.
Frank told them not to worry because they enjoyed having sex with him, the women said.
Frank's attorney, Stanley Simrin of Bakersfield, said he has not spoken to the doctor since the trial and didn't know where he had gone.
He said he had no indication Frank would flee.
"He showed up at all of his appearances," Simrin said.
Green said shortly after Frank left investigators believed he had gone either to Mexico or Israel.
Frank's arrest has elated those around the case, said the elder victim.
"Everybody involved in this case is happy, except, of course, Mr. Frank," she said.
BY JESSICA LOGAN AND STEVE E. SWENSON
Backersfield - Jul 26 2006
A Bakersfield doctor who drugged and raped two women more than two decades ago is behind bars in Israel after fleeing the country in 1990.
Kenneth A. Frank, 56, was convicted in Kern County of drugging and raping two women on Dec. 20, 1989.
One of his victims, now 57, said Wednesday she's relieved Frank is behind bars. It's The Californian's policy not to name victims of sexual assault.
"I didn't think anyone was looking for him," said the elder of the two victims. "I'm thrilled."
A Bakersfield FBI agent working with the Paris-based international intelligence agency Interpol led to Frank's discovery in Israel in December 2004, said Kern County Deputy District Attorney Lisa A. Green, who prosecuted Frank.
But what Green called "international red tape" delayed until Tuesday the actual arrest of Frank in Tel Aviv, where he was using the name Yonatan Efrat, she said.
Green said she still has very little information about Frank's time in Israel, but she knows he got married and has a child.
"He was very upset" when he was arrested, Green said.
It was Green who, in 1989, asked then-Kern County Superior Court Judge Lewis King to take Frank into custody right after the jury convicted him.
But King denied the request and Frank fled before his sentencing hearing.
The Probation Department recommended Frank be imprisoned for 12 years.
The second victim, who was 23 in 1986 when she encountered Frank, couldn't be reached. But Green has talked to her and said the woman "was relieved to the point of tears."
Frank was expected to appear in an Israeli court Wednesday for an extradition hearing, according to a prosecution press release.
If Frank is ordered to return to the United States, an immediate appeal will go to the Israeli Supreme Court, the release said.
The doctor was convicted in 1989 on two counts of rape after drugging his victims with Ativan, but he remained free on bail awaiting his sentencing hearing on Jan. 17, 1990. Ativan is used to treat anxiety, according to WebMD.com.
The doctor did not appear for the hearing and a warrant was issued for his arrest. Investigators have been searching for him ever since.
During that investigation, Frank's car was spotted at Los Angeles International Airport and investigators believe the doctor had a passport allowing him to travel out of the country.
The television show "Unsolved Mysteries" aired a segment about Frank in 1990, which resulted in 160 leads.
Frank testified at his trial on charges of raping a 23-year-old woman in 1985 and a 37-year-old woman in 1986 that he had consentual relationships with both.
Evidence showed Frank took the women to his apartment and tranquilized them.
When the women woke up they had no clothes on and found evidence someone had sexual intercourse with them, the women testified.
Frank told them not to worry because they enjoyed having sex with him, the women said.
Frank's attorney, Stanley Simrin of Bakersfield, said he has not spoken to the doctor since the trial and didn't know where he had gone.
He said he had no indication Frank would flee.
"He showed up at all of his appearances," Simrin said.
Green said shortly after Frank left investigators believed he had gone either to Mexico or Israel.
Frank's arrest has elated those around the case, said the elder victim.
"Everybody involved in this case is happy, except, of course, Mr. Frank," she said.
_________________________________________________________________________________
Fugitive doctor from Kern County arrested in Israel
KGET- TV NEWS - July 27, 2006
A local doctor who fled the country after he was convicted of rape in 1989 has now been arrested in Israel.
Kenneth A. Frank, 56, was found by the state department and the FBI living in Tel Aviv under an assumed name, Yonatan Efrat.
Frank has been wanted in the United States after being convicted in Kern County on Dec. 20, 1989, of two rapes, of then 23-year-old woman in 1985 and then a 37-year-old woman in 1986.
Frank went missing after his conviction while he was on bail and waiting for his sentencing hearing in Jan. 1990.
Now, the District Attorney's Office is working to bring Frank back to Bakersfield.
Frank was set to appear Wednesday in an Israeli court for an extradition hearing.
KGET- TV NEWS - July 27, 2006
A local doctor who fled the country after he was convicted of rape in 1989 has now been arrested in Israel.Kenneth A. Frank, 56, was found by the state department and the FBI living in Tel Aviv under an assumed name, Yonatan Efrat.
Frank has been wanted in the United States after being convicted in Kern County on Dec. 20, 1989, of two rapes, of then 23-year-old woman in 1985 and then a 37-year-old woman in 1986.
Frank went missing after his conviction while he was on bail and waiting for his sentencing hearing in Jan. 1990.
Now, the District Attorney's Office is working to bring Frank back to Bakersfield.
Frank was set to appear Wednesday in an Israeli court for an extradition hearing.
_________________________________________________________________________________
Israel court orders Bakersfield rapist jailed
By Steve E. Swenson
Bakersfield - Wednesday, Aug 2 2006
A former Bakersfield doctor, who fled to Israel after his rape convictions more than 16 years ago, was jailed in Jerusalem Wednesday pending further extradition hearings, an Israeli newspaper reported.
Former Bakersfield doctor Kenneth A. Frank hides his face from a news photographer Wednesday in a Court of Jerusalem hearing where he is facing extradition to Bakersfield for 1989 rape convictions.
Kenneth A. Frank, who changed his name to Yonatan Efrat in Israel, hid his face from photographers with a towel in the Jerusalem District Court hearing where Judge Moshe Gal ordered him in custody, according to reporter Amir Kurz of the Al Hasharon newspaper.
No date has yet been scheduled for the next hearing.
Frank has been working for at least the last two years as a family doctor in Ra'anana, a suburb north of Tel Aviv, Kurz said.
The community's Web site says Ra'anana is a small city (about 80,000 residents) in the southern Gush Dan Sharon region of Israel. Ra'anana is a suburb of Tel Aviv, about a 20-minute car ride north.
Ra'anana is predominantly Jewish, with many Anglo immigrants from English-speaking countries, including the United States, the United Kingdom, and South Africa, the Web site says.
Frank has been living there with a woman who is believed to be his wife and their son.
Frank was convicted on Dec. 20, 1989, in Kern County of drugging and raping two woman in separate incidents in 1985 and 1986.
He has been a fugitive since Jan. 17, 1990, when he failed to show up for his sentencing hearing in Kern County Superior Court where probation officers recommended that he be sentenced to 12 years in prison.
Frank was arrested July 25 in Israel after he was found in that country by Interpol working with an FBI agent in Bakersfield, Kern County Deputy District Attorney Lisa S. Green reported. She was the prosecutor in the 1989 trial.
One of his victims, now 57, told The Californian last week that she was "thrilled" to hear of Frank's arrest. The other victim, who is about 44 years old, was relieved to the point of tears, Green reported.
Evidence in the 1989 trial showed that Frank went on dates with both women, gave them Ativan -- a tranquilizer that induces sleep -- and had sex with them while they were unable to resist or give consent.
Frank told both women not to worry because they enjoyed having sex with him, the women testified. He testified that both women consented to the acts.
One attempt to try to find Frank was an airing of the case on the television show "Unsolved Mysteries."
Before the show was broadcast, Frank's car was found at Los Angeles International Airport and investigators reported that Frank had a passport allowing him to travel out of the country.
_________________________________________________________________________________
Police: Fugitive California rapist is Dr. Yonatan EfratBy Jonathan Lis
Haaretz - August 2, 2006
The Ra'anana doctor whom police arrested on Tuesday on suspicion of being a wanted rapist from the United States has been living here under the name of Dr. Yonatan Efrat, according to U.S. and international law enforcement agencies.
Police believe that Efrat is really Kenneth A. Frank, 56, who was convicted in 1989 of drugging and raping two women.
Frank entered Israel shortly after fleeing the U.S., using an American passport bearing his real name. He allegedly applied for Israeli citizenship under the Law of Return four years later, and began working at a Ra'anana health clinic about two years ago.
Police officers, accompanied by an Interpol representative, arrested the suspect Tuesday evening, causing the stunned doctor to burst out crying.
The American authorities asked Israel to extradite Frank in December 2001, suspecting that he had fled to Israel and adopted a false identity. Israeli police spent three years searching for Frank, until Chief Inspector Carol Hasidim, from the Interpol section of the police liaison division, tracked the suspect down in 2004. He was living with his girlfriend and their s on.
Police said that although he deceived the Interior Ministry by failing to state that he had a criminal record, he was not suspected of criminal behavior while living in Israel.
The state prosecution did not immediately authorize the suspect's arrest, because it was concerned that the statute of limitations on the rapes had expired. Over the last two years, Israeli and American authorities kept in regular contact to discuss the issue. Finally, the authorities concluded that Israel was justified in extraditing Frank, since the statute of limitations could not expire while he was the subject of an international manhunt. On June 16, the state prosecution authorized Frank's arrest and began extradition proceedings.
The suspect was brought before the Jerusalem District Court yesterday morning, where he was remanded in custody until the end of the month. Extradition proceedings against him have been opened.
Haaretz - August 2, 2006
The Ra'anana doctor whom police arrested on Tuesday on suspicion of being a wanted rapist from the United States has been living here under the name of Dr. Yonatan Efrat, according to U.S. and international law enforcement agencies.
Police believe that Efrat is really Kenneth A. Frank, 56, who was convicted in 1989 of drugging and raping two women.
Frank entered Israel shortly after fleeing the U.S., using an American passport bearing his real name. He allegedly applied for Israeli citizenship under the Law of Return four years later, and began working at a Ra'anana health clinic about two years ago.
Police officers, accompanied by an Interpol representative, arrested the suspect Tuesday evening, causing the stunned doctor to burst out crying.
The American authorities asked Israel to extradite Frank in December 2001, suspecting that he had fled to Israel and adopted a false identity. Israeli police spent three years searching for Frank, until Chief Inspector Carol Hasidim, from the Interpol section of the police liaison division, tracked the suspect down in 2004. He was living with his girlfriend and their s on.
Police said that although he deceived the Interior Ministry by failing to state that he had a criminal record, he was not suspected of criminal behavior while living in Israel.
The state prosecution did not immediately authorize the suspect's arrest, because it was concerned that the statute of limitations on the rapes had expired. Over the last two years, Israeli and American authorities kept in regular contact to discuss the issue. Finally, the authorities concluded that Israel was justified in extraditing Frank, since the statute of limitations could not expire while he was the subject of an international manhunt. On June 16, the state prosecution authorized Frank's arrest and began extradition proceedings.
The suspect was brought before the Jerusalem District Court yesterday morning, where he was remanded in custody until the end of the month. Extradition proceedings against him have been opened.
_________________________________________________________________________________
Runaway convicted US rapist found in Ra'ananaBy REBECCA ANNA STOIL
The Jerusalem Post - Deccember 28, 2006
After almost 17 years on the lam, Dr. Kenneth Frank (alias Yonatan Efrat) will be returned shortly to the California penal system following a Jerusalem District Court justice's ruling on Wednesday.
Frank, 56, a former resident of Bakersfield, California, was convicted in 1989 of drugging and raping a woman in 1985 and anothe one in 1986.
He was declared a fugitive after failing to appear for his sentencing hearing. In his absence, probation officers recommended a 12-year sentence for the two attacks.
According to testimony at the trial, Frank raped the two women in his apartment after drugging them with the anti-anxiety medication Ativan. Both women said that they had woken up naked and discovered that someone had sexual intercourse with them, after which, they said, Frank told them not to worry because they enjoyed having sex with him. Frank testified in his defense that both relationships were consensual.
After his disappearance, police found that Frank's car had been seen at Los Angeles International Airport, adding to suspicions that he had fled the country. Months later, the popular US television show Unsolved Mysteries aired a segment about Frank.
Following his flight, Frank apparently entered Israel on his official passport, but then applied for citizenship under the Law of Return four years later.
On his application for citizenship, Frank claimed to have no criminal record in his country of origin.
But by 2001, the FBI had begun to suspect that Frank had fled to Israel. Israel Police worked to locate Frank and discovered in December 2004 that he was living in Ra'anana under the assumed name of Yonatan Efrat, and that he had since married, fathered a child, and was employed as a family doctor under his assumed name at a Ra'anana health clinic.
Police did not, however, move on the fugitive until puzzling out whether the statute of limitations applied after an international manhunt. After legal understandings were reached between Israeli and US authorities, Frank was arrested by Israel Police in August 2006.
On Wednesday the Deputy Head of the Jerusalem District Court, Judge Zvi Segel, ruled that Frank could be extradited to the US to serve his sentence for the two rapes.
The Jerusalem Post - Deccember 28, 2006
After almost 17 years on the lam, Dr. Kenneth Frank (alias Yonatan Efrat) will be returned shortly to the California penal system following a Jerusalem District Court justice's ruling on Wednesday.
Frank, 56, a former resident of Bakersfield, California, was convicted in 1989 of drugging and raping a woman in 1985 and anothe one in 1986.
He was declared a fugitive after failing to appear for his sentencing hearing. In his absence, probation officers recommended a 12-year sentence for the two attacks.
According to testimony at the trial, Frank raped the two women in his apartment after drugging them with the anti-anxiety medication Ativan. Both women said that they had woken up naked and discovered that someone had sexual intercourse with them, after which, they said, Frank told them not to worry because they enjoyed having sex with him. Frank testified in his defense that both relationships were consensual.
After his disappearance, police found that Frank's car had been seen at Los Angeles International Airport, adding to suspicions that he had fled the country. Months later, the popular US television show Unsolved Mysteries aired a segment about Frank.
Following his flight, Frank apparently entered Israel on his official passport, but then applied for citizenship under the Law of Return four years later.
On his application for citizenship, Frank claimed to have no criminal record in his country of origin.
But by 2001, the FBI had begun to suspect that Frank had fled to Israel. Israel Police worked to locate Frank and discovered in December 2004 that he was living in Ra'anana under the assumed name of Yonatan Efrat, and that he had since married, fathered a child, and was employed as a family doctor under his assumed name at a Ra'anana health clinic.
Police did not, however, move on the fugitive until puzzling out whether the statute of limitations applied after an international manhunt. After legal understandings were reached between Israeli and US authorities, Frank was arrested by Israel Police in August 2006.
On Wednesday the Deputy Head of the Jerusalem District Court, Judge Zvi Segel, ruled that Frank could be extradited to the US to serve his sentence for the two rapes.
_________________________________________________________________________________
Doctor ordered extradited to Bakersfield from Israel
BY STEVE E. SWENSON, Californian staff writer
Bakersfield Californian - Thursday, Dec 28 2006 9:50 PM
Dr. Kenneth A. Frank was ordered Wednesday in Israel to be extradited to Bakersfield to serve a sentence for his 1989 conviction of drugging and raping two women, police in Israel reported.
Former Bakersfield doctor Kenneth A. Frank hid his face from a news photographer in a Court of Jerusalem hearing. He will be extradited to Bakersfield for 1989 rape convictions.
A judge in the Jerusalem District Court ruled that Frank, who was known in Israel as Yonatan Efrat, should return to the United States for sentencing, reported Micky Rosenfeld, police foreign press spokesman.
Frank, 56, was convicted on Dec. 20, 1989, in Kern County Superior Court of sexually assaulting two women in separate incidents in 1985 and 1986.
He had been a fugitive since Jan. 17, 1990, when he failed to show up for his sentencing hearing. Probation officers recommended a sentence of 12 years in prison.
Frank was arrested July 25 in Israel after he was found in that country by Interpol working with an FBI agent in Bakersfield, according to Deputy District Attorney Lisa S. Green, who prosecuted Frank in the 1989 trial.
It is unknown when Frank will be returned to Bakersfield, but Green said the extradition decision can be appealed to the Israel Supreme Court and there are indications Frank may do that.
Evidence in the trial showed Frank went on dates with both women, gave them Ativan -- a tranquilizer that induces sleep -- and had sex with them while they were unable to resist or give consent.
Both victims -- one now 57 and the other now 44 -- were relieved and happy to hear of his arrest.
Frank had been working for at least the last two years as a family doctor in Ra'anana, a suburb north of Tel Aviv, according to reporter Amir Kurz of the Al Hasharon newspaper.
He was living there with a woman who is believed to be his wife and their
BY STEVE E. SWENSON, Californian staff writer
Bakersfield Californian - Thursday, Dec 28 2006 9:50 PM
Dr. Kenneth A. Frank was ordered Wednesday in Israel to be extradited to Bakersfield to serve a sentence for his 1989 conviction of drugging and raping two women, police in Israel reported.
Former Bakersfield doctor Kenneth A. Frank hid his face from a news photographer in a Court of Jerusalem hearing. He will be extradited to Bakersfield for 1989 rape convictions.
A judge in the Jerusalem District Court ruled that Frank, who was known in Israel as Yonatan Efrat, should return to the United States for sentencing, reported Micky Rosenfeld, police foreign press spokesman.
Frank, 56, was convicted on Dec. 20, 1989, in Kern County Superior Court of sexually assaulting two women in separate incidents in 1985 and 1986.
He had been a fugitive since Jan. 17, 1990, when he failed to show up for his sentencing hearing. Probation officers recommended a sentence of 12 years in prison.
Frank was arrested July 25 in Israel after he was found in that country by Interpol working with an FBI agent in Bakersfield, according to Deputy District Attorney Lisa S. Green, who prosecuted Frank in the 1989 trial.
It is unknown when Frank will be returned to Bakersfield, but Green said the extradition decision can be appealed to the Israel Supreme Court and there are indications Frank may do that.
Evidence in the trial showed Frank went on dates with both women, gave them Ativan -- a tranquilizer that induces sleep -- and had sex with them while they were unable to resist or give consent.
Both victims -- one now 57 and the other now 44 -- were relieved and happy to hear of his arrest.
Frank had been working for at least the last two years as a family doctor in Ra'anana, a suburb north of Tel Aviv, according to reporter Amir Kurz of the Al Hasharon newspaper.
He was living there with a woman who is believed to be his wife and their
_________________________________________________________________________________
Convicted US rapist to be extradited after being discovered living in Ra'anana under assumed nameBy Rebecca Anna Stoil
Jerusalem Post - December 28, 2006
After almost 17 years on the lam, Dr. Kenneth Frank (alias Yonatan Efrat) will be returned shortly to the California penal system following a Jerusalem District Court justice's ruling on Wednesday.
Frank, 56, a former resident of Bakersfield, California, was convicted in 1989 of drugging and raping a woman in 1985 and anothe one in 1986.
He was declared a fugitive after failing to appear for his sentencing hearing. In his absence, probation officers recommended a 12-year sentence for the two attacks.
According to testimony at the trial, Frank raped the two women in his apartment after drugging them with the anti-anxiety medication Ativan. Both women said that they had woken up naked and discovered that someone had sexual intercourse with them, after which, they said, Frank told them not to worry because they enjoyed having sex with him. Frank testified in his defense that both relationships were consensual.
After his disappearance, police found that Frank's car had been seen at Los Angeles International Airport, adding to suspicions that he had fled the country. Months later, the popular US television show Unsolved Mysteries aired a segment about Frank.
Following his flight, Frank apparently entered Israel on his official passport, but then applied for citizenship under the Law of Return four years later.
On his application for citizenship, Frank claimed to have no criminal record in his country of origin.
But by 2001, the FBI had begun to suspect that Frank had fled to Israel. Israel Police worked to locate Frank and discovered in December 2004 that he was living in Ra'anana under the assumed name of Yonatan Efrat, and that he had since married, fathered a child, and was employed as a family doctor under his assumed name at a Ra'anana health clinic.
Police did not, however, move on the fugitive until puzzling out whether the statute of limitations applied after an international manhunt. After legal understandings were reached between Israeli and US authorities, Frank was arrested by Israel Police in August 2006.
On Wednesday the Deputy Head of the Jerusalem District Court, Judge Zvi Segel, ruled that Frank could be extradited to the US to serve his sentence for the two rapes.
_________________________________________________________________________________
BY STEVE E. SWENSON
Bakersfield Californian - July 26, 2007
Dr. Kenneth A. Frank will return to Kern County Superior Court on
Aug. 1, more than 171/2 years after he was convicted of raping two
Bakersfield women he drugged first, making them unable to resist, a
prosecutor reported.
Deputy District Attorney Lisa S. Green, who won the convictions against Frank on Dec. 20, 1989, said the doctor will arrive in Bakersfield Tuesday and be brought to court the next day.
Deputy District Attorney Lisa S. Green, who won the convictions against Frank on Dec. 20, 1989, said the doctor will arrive in Bakersfield Tuesday and be brought to court the next day.
The hearing is described as failing to appear for sentencing on Jan.
17, 1990, when the probation department recommended he receive 12 years
in prison.
Frank, 57, was arrested July 25, 2006, in Ra'anana, Israel, a city of
about 80,000 residents about 20 minutes north of Tel Aviv.
He had been living there with his wife and son, and he had been working as a doctor in a clinic. He was using the name Dr. Yonatan Efrat.
The Jerusalem Post reported he arrived in Israel shortly after his car was seen at the Los Angeles International Airport in December 1986. He had a passport.
He applied for citizenship four years later when he declared he had no criminal record in his country of origin, the newspaper reported.
Following his arrest in Israel, he was ordered held in jail pending a decision on Dec. 27, 2006 when Judge Zvi Segel, deputy head of the Jerusalem District Court, ordered him extradited to Bakersfield to serve his sentence for the rapes.
Frank appealed, but lost and now is scheduled for a Bakersfield hearing.
He could face additional time if he's prosecuted for failing to appear for his sentencing, Assistant District Attorney Dan Sparks said.
That decision is under consideration, Sparks said. Plus, the maximum time for the rapes is 16 years.
The charges stem from testimony that Frank gave Ativan, a tranquilizer, to a 23-year-old woman in 1985 and a 37-year-old woman in 1986.
The women woke up in his bed without their clothes on and found evidence someone had sexual intercourse with them.
Frank told the women not to worry because they enjoyed having sex with him, the women testified.
Now-retired Kern County Superior Court Judge Lewis King denied a request from Green to order Frank into custody on the date of conviction.
One attempt to find Frank was a 1990 segment about him on the national TV show "Unsolved Mysteries," which produced 160 leads.
A California FBI agent, working with Interpol in Israel, found Frank in Israel in December 2004, but what Green called international red tape delayed his arrest until a year ago.
Both women have said they were happy and relieved that Frank was found.
He had been living there with his wife and son, and he had been working as a doctor in a clinic. He was using the name Dr. Yonatan Efrat.
The Jerusalem Post reported he arrived in Israel shortly after his car was seen at the Los Angeles International Airport in December 1986. He had a passport.
He applied for citizenship four years later when he declared he had no criminal record in his country of origin, the newspaper reported.
Following his arrest in Israel, he was ordered held in jail pending a decision on Dec. 27, 2006 when Judge Zvi Segel, deputy head of the Jerusalem District Court, ordered him extradited to Bakersfield to serve his sentence for the rapes.
Frank appealed, but lost and now is scheduled for a Bakersfield hearing.
He could face additional time if he's prosecuted for failing to appear for his sentencing, Assistant District Attorney Dan Sparks said.
That decision is under consideration, Sparks said. Plus, the maximum time for the rapes is 16 years.
The charges stem from testimony that Frank gave Ativan, a tranquilizer, to a 23-year-old woman in 1985 and a 37-year-old woman in 1986.
The women woke up in his bed without their clothes on and found evidence someone had sexual intercourse with them.
Frank told the women not to worry because they enjoyed having sex with him, the women testified.
Now-retired Kern County Superior Court Judge Lewis King denied a request from Green to order Frank into custody on the date of conviction.
One attempt to find Frank was a 1990 segment about him on the national TV show "Unsolved Mysteries," which produced 160 leads.
A California FBI agent, working with Interpol in Israel, found Frank in Israel in December 2004, but what Green called international red tape delayed his arrest until a year ago.
Both women have said they were happy and relieved that Frank was found.
_________________________________________________________________________________
Rapist doctor assigned public defender
By STEVE E. SWENSON
Californian - August 27, 2007
Convicted rapist assigned public defender
BY STEVE E. SWENSON
Bakersfield Californian - August 2 2007
After asserting Thursday he had no money to hire an attorney, convicted rapist Dr. Kenneth A. Frank was assigned a public defender to represent him in a new trial motion and sentencing Aug. 30 on his 1989 rape convictions.
His 1989 defense attorney, Stanley Simrin, was relieved Thursday of his duty to represent him.
Frank, who fled to Israel after the convictions and was arrested last year and extradited to Kern County this week, also was scheduled to be arraigned today on two other criminal cases. Those are a 1990 failure to appear for the rape sentencing and a 1989 grand theft case alleging he, his father, Irwin Frank, and his brother, Jerrold Frank, 55, stole $300,000 worth of medical equipment from the former White Lane Medical Center.
The charges against Irwin Frank and Jerrold Frank were dismissed on Jan. 29, 1991, according to Kern County Superior Court records. Irwin Frank would be 85 but there are no accessible records on his whereabouts.
The father and two sons owned the medical center before 1989 when it went into bankruptcy. A bankruptcy judge gave the center building and its contents to Wilshire Savings and Loan of Encino in August 1989 after the center defaulted on a $1.5 million loan.
Medical equipment was taken from the center in September 1989, according to the criminal complaint filed against the Franks.
Kenneth Frank was never prosecuted on the case, which is why the charge remains pending against him.
Meanwhile, he faces a 1990 charge of failing to appear for his rape sentencing, which could add up to three years in prison to the sentence he receives in the convictions, Deputy District Attorney John S. Somers said.
He faces up to 16 years on the rape counts, but in 1990, the Probation Department recommended 12 years. Judge Stephen P. Gildner referred the case Thursday to the Probation Department for a new review.
Kenneth Frank was convicted of two counts of raping two women after first drugging them with the tranquilizer Ativan, making them unable to resist, the women testified in the 1989 trial.
The first count was a 1985 incident with a 23-year-old woman and the second was with a 37-year-old woman in 1986. The trial was delayed to 1989 because of appeals on a decision to try the cases separately. Ultimately the California Supreme Court ordered the two counts to be prosecuted in the same trial.
Frank went to Ra'anana, Israel, about 20 miles north of Tel Aviv. He practiced as a doctor there, married and fathered a son.
By STEVE E. SWENSON
Californian - August 27, 2007
Convicted rapist Dr. Kenneth A. Frank, after asserting Thursday he
had no money to hire an attorney, was assigned a public defender to
represent him for a new trial motion and sentencing Aug. 30 on the 1989
rape convictions.
His 1989 defense attorney, Stanley Simrin, was relieved Thursday of his duty to represent him.
Frank, who fled to Israel after the convictions before he was arrested last year and extradited to Kern County this week, was also scheduled to be arraigned Friday on two other criminal cases — a 1990 failure to appear for the rape sentencing and a 1989 grand theft case alleging he, his father, Irwin Frank, and his brother, Jerrold Frank, 55, stole $300,000 worth of medical equipment from the former White Lane Medical Center.
His 1989 defense attorney, Stanley Simrin, was relieved Thursday of his duty to represent him.
Frank, who fled to Israel after the convictions before he was arrested last year and extradited to Kern County this week, was also scheduled to be arraigned Friday on two other criminal cases — a 1990 failure to appear for the rape sentencing and a 1989 grand theft case alleging he, his father, Irwin Frank, and his brother, Jerrold Frank, 55, stole $300,000 worth of medical equipment from the former White Lane Medical Center.
The charges against Irwin Frank and Jerrold Frank were dismissed on
Jan. 29, 1991, according to Kern County Superior Court records. Irwin
Frank would be 85 but there are no accessible records on whether he is
still alive.
The father and two sons owned the medical center before 1989 when it went into bankruptcy. A bankruptcy judge gave the center building and its contents to Wilshire Savings and Loan of Encino in August 1989, after the center defaulted on a $1.5 million loan.
Medical equipment was taken from the center in September 1989, according to the criminal complaint filed against the Franks.
Kenneth Frank was never prosecuted on the case which is why the charge remains pending against him.
Meanwhile, he faces a 1990 charge of failing to appear for his rape sentencing and that could add up to three years in prison to the sentence he receives on the rapes, Deputy District Attorney John S. Somers said.
He faces up to 16 years on the rape counts, but in 1990 the Probation Department recommended 12 years. Judge Stephen P. Gildner referred the case Thursday to the Probation Department for a new review of the case.
Kenneth Frank was convicted of two counts of raping two women after first drugging them with the tranquilizer Ativan, making them unable to resist, the women testified in the 1989 trial.
The first count was a 1985 incident with a 23-year-old woman and the second count was a 37-year-old woman in 1986. The trial was delayed to 1989 because appeals on a decision to try the cases separately. Ultimately, the California Supreme Court, ordered the two counts to be prosecuted in the same trial.
Since the trail, Frank went to Ra’anana, which is about 20 miles north of Tel Aviv. He practiced as a doctor there, got married and fathered a son.
The father and two sons owned the medical center before 1989 when it went into bankruptcy. A bankruptcy judge gave the center building and its contents to Wilshire Savings and Loan of Encino in August 1989, after the center defaulted on a $1.5 million loan.
Medical equipment was taken from the center in September 1989, according to the criminal complaint filed against the Franks.
Kenneth Frank was never prosecuted on the case which is why the charge remains pending against him.
Meanwhile, he faces a 1990 charge of failing to appear for his rape sentencing and that could add up to three years in prison to the sentence he receives on the rapes, Deputy District Attorney John S. Somers said.
He faces up to 16 years on the rape counts, but in 1990 the Probation Department recommended 12 years. Judge Stephen P. Gildner referred the case Thursday to the Probation Department for a new review of the case.
Kenneth Frank was convicted of two counts of raping two women after first drugging them with the tranquilizer Ativan, making them unable to resist, the women testified in the 1989 trial.
The first count was a 1985 incident with a 23-year-old woman and the second count was a 37-year-old woman in 1986. The trial was delayed to 1989 because appeals on a decision to try the cases separately. Ultimately, the California Supreme Court, ordered the two counts to be prosecuted in the same trial.
Since the trail, Frank went to Ra’anana, which is about 20 miles north of Tel Aviv. He practiced as a doctor there, got married and fathered a son.
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BY STEVE E. SWENSON
Bakersfield Californian - August 2 2007
After asserting Thursday he had no money to hire an attorney, convicted rapist Dr. Kenneth A. Frank was assigned a public defender to represent him in a new trial motion and sentencing Aug. 30 on his 1989 rape convictions.His 1989 defense attorney, Stanley Simrin, was relieved Thursday of his duty to represent him.
Frank, who fled to Israel after the convictions and was arrested last year and extradited to Kern County this week, also was scheduled to be arraigned today on two other criminal cases. Those are a 1990 failure to appear for the rape sentencing and a 1989 grand theft case alleging he, his father, Irwin Frank, and his brother, Jerrold Frank, 55, stole $300,000 worth of medical equipment from the former White Lane Medical Center.
The charges against Irwin Frank and Jerrold Frank were dismissed on Jan. 29, 1991, according to Kern County Superior Court records. Irwin Frank would be 85 but there are no accessible records on his whereabouts.
The father and two sons owned the medical center before 1989 when it went into bankruptcy. A bankruptcy judge gave the center building and its contents to Wilshire Savings and Loan of Encino in August 1989 after the center defaulted on a $1.5 million loan.
Medical equipment was taken from the center in September 1989, according to the criminal complaint filed against the Franks.
Kenneth Frank was never prosecuted on the case, which is why the charge remains pending against him.
Meanwhile, he faces a 1990 charge of failing to appear for his rape sentencing, which could add up to three years in prison to the sentence he receives in the convictions, Deputy District Attorney John S. Somers said.
He faces up to 16 years on the rape counts, but in 1990, the Probation Department recommended 12 years. Judge Stephen P. Gildner referred the case Thursday to the Probation Department for a new review.
Kenneth Frank was convicted of two counts of raping two women after first drugging them with the tranquilizer Ativan, making them unable to resist, the women testified in the 1989 trial.
The first count was a 1985 incident with a 23-year-old woman and the second was with a 37-year-old woman in 1986. The trial was delayed to 1989 because of appeals on a decision to try the cases separately. Ultimately the California Supreme Court ordered the two counts to be prosecuted in the same trial.
Frank went to Ra'anana, Israel, about 20 miles north of Tel Aviv. He practiced as a doctor there, married and fathered a son.
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Bakersfield Police Department Warrant Office
October 8, 2007
SUSPECT: KENNETH AARON FRANK
ALIAS:
DESCENT: WHITE
SEX: MALE
HEIGHT: 5'10"
WEIGHT: 175
EYES: BLUE
HAIR: BROWN
REPORT/WARRANT #SC031304A
DATE/PLACE OF BIRTH: 03/07/1950
TATTOOS:
ODDITIES: "J" SHAPED SCAR ON LEFT LOWER ARM
WEAPON/S
WANTED FOR: BENCH WARRANT FOR RAPE OF A DRUGGED VICTIM (2 COUNTS)
CAUTION:
Do not attempt to apprehend this suspect yourself. Warrants must be confirmed as being active prior to service and they cannot be served by citizens. If you have any knowledge of the suspect's whereabouts please contact your local law enforcement agency.
CONTACT:
The Bakersfield Police Department Warrant Office at 326-3842. If no answer please call our 24 hour number at 327-7111, or 911 for an emergency.
MISCELLANEOUS: In 1985 and 1986, Frank twice met women in a local bar. On each occasion, he took the women to his home, offered her a beverage to which he added a drug. The women lost consciousness and did not awake for two days, at which time they discovered they had been raped. Frank was convicted for these crimes and failed to appear for sentencing on January 17, 1990.
October 8, 2007
ALIAS:
DESCENT: WHITE
SEX: MALE
HEIGHT: 5'10"
WEIGHT: 175
EYES: BLUE
HAIR: BROWN
REPORT/WARRANT #SC031304A
DATE/PLACE OF BIRTH: 03/07/1950
TATTOOS:
ODDITIES: "J" SHAPED SCAR ON LEFT LOWER ARM
WEAPON/S
WANTED FOR: BENCH WARRANT FOR RAPE OF A DRUGGED VICTIM (2 COUNTS)
CAUTION:
Do not attempt to apprehend this suspect yourself. Warrants must be confirmed as being active prior to service and they cannot be served by citizens. If you have any knowledge of the suspect's whereabouts please contact your local law enforcement agency.
CONTACT:
The Bakersfield Police Department Warrant Office at 326-3842. If no answer please call our 24 hour number at 327-7111, or 911 for an emergency.
MISCELLANEOUS: In 1985 and 1986, Frank twice met women in a local bar. On each occasion, he took the women to his home, offered her a beverage to which he added a drug. The women lost consciousness and did not awake for two days, at which time they discovered they had been raped. Frank was convicted for these crimes and failed to appear for sentencing on January 17, 1990.
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Former Bakersfield physician sentenced decades after crime
BY STEVEN MAYER, Californian staff writer
Bakersfield Californian - Monday, Dec 3 2007 3:22 PM
Nearly 18 years after he was found guilty of drugging and raping two women, and then fleeing to Israel and changing his name, Dr. Kenneth A. Frank was sentenced today by a Kern County judge to 12 years in state prison.
After denying defense motions for a new trial — and another motion to remove news cameras from his courtroom — Judge Jerold Turner ultimately characterized Frank's crimes as "disturbing, premeditated and certainly somewhat repugnant."After Frank was convicted in December 1989 of drugging and raping two women, he fled the United States and began another life in Israel. He was able to begin practicing medicine again, changed his name, married and fathered a son.
But it all came crashing down last year when determined detective work by a local FBI agent led to Frank's rearrest last year and extradition to Kern County earlier this year.
The first count was a 1985 incident with a 23-year-old woman and the second involved a 37-year-old woman in 1986.
Deputy Public Defender Glenn Nelson said he believes Frank is innocent of the original charges. He argued in court that, since there were no court transcripts available from the original trial, he could not properly represent his client.
Deputy District Attorney Lisa Green countered that by leaving the country before his trial was concluded, it was Frank's own actions that resulted in the lack of a court transcript.
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Fugitive doctor sentenced - Rape of two women in '80s nets 12-year sentenceBY STEVEN MAYER
Bakersfield Californian - Dec 3 2007
Nearly 18 years after he was found guilty of drugging and raping two women, and then fleeing to Israel and changing his name, Dr. Kenneth A. Frank was sentenced Monday by a Kern County judge to 12 years in state prison.
He is expected to serve about half that. In addition, he must pay restitution to his victims and register as a sex offender.
After denying defense motions for a new trial -- and another motion to remove news cameras from his courtroom -- Judge Jerold Turner ultimately described Frank's crimes as "disturbing, premeditated and certainly somewhat repugnant."
Turner was adamant that Frank, 57, should not benefit from his years as a fugitive.
Frank was convicted in December 1989 of using tranquilizers to drug and rape two Bakersfield women in separate incidents in 1985 and 1986. Before he could be sentenced, Frank fled the United States and began a new life in Israel. He was able to begin practicing medicine again, changed his name to Yonatan Efrat and married.
But his new life came crashing down when determined detective work by a local FBI agent led to Frank's rearrest last year and his extradition to Kern County earlier this year.
One of the victims spoke briefly in court Monday, asking the judge to impose the maximum sentence: eight years for each count, or 16 years total. It is The Californian's policy not to identify victims of sexual assault.
The other victim, in a letter to the court, also asked for the maximum sentence.
Frank visibly scowled when Judge Turner imposed the two six-year sentences consecutively. Otherwise Frank showed little emotion during Monday's hearing.
Deputy Public Defender Glenn Nelson said afterward he believes Frank is innocent of the original charges. He argued in court that since there were no court transcripts available from the 1989 trial, he could not properly represent his client.
It was revealed in court Monday that the court reporter from the 1989 trial turned over the notes to a supervisor who stored them for several years. More than a decade after the trial, the court ordered all notes more than 10 years old to be destroyed.
"If the court is interested in justice," Nelson argued, "it will give Mr. Frank a new trial."
Deputy District Attorney Lisa Green -- also the prosecutor at the original trial -- countered that by unlawfully leaving the country before his trial was concluded, it was Frank's own actions that resulted in the lack of a court transcript.
She also cited an appellate court decision from 1982 noting that the destruction of old court records is allowed by government code. Such standard actions, she argued, may not be used later to benefit defendants.
Meanwhile, the victims in this case are suffering a different kind of pain, Green said, because they were drugged when the crimes occurred.
"For the rest of their lives, they will be left to wonder exactly what he did to them," she said.
-- Staff writer Steve E. Swenson contributed to this report.
Bakersfield Californian - Dec 3 2007
Nearly 18 years after he was found guilty of drugging and raping two women, and then fleeing to Israel and changing his name, Dr. Kenneth A. Frank was sentenced Monday by a Kern County judge to 12 years in state prison.
He is expected to serve about half that. In addition, he must pay restitution to his victims and register as a sex offender.
After denying defense motions for a new trial -- and another motion to remove news cameras from his courtroom -- Judge Jerold Turner ultimately described Frank's crimes as "disturbing, premeditated and certainly somewhat repugnant."
Turner was adamant that Frank, 57, should not benefit from his years as a fugitive.
Frank was convicted in December 1989 of using tranquilizers to drug and rape two Bakersfield women in separate incidents in 1985 and 1986. Before he could be sentenced, Frank fled the United States and began a new life in Israel. He was able to begin practicing medicine again, changed his name to Yonatan Efrat and married.
But his new life came crashing down when determined detective work by a local FBI agent led to Frank's rearrest last year and his extradition to Kern County earlier this year.
One of the victims spoke briefly in court Monday, asking the judge to impose the maximum sentence: eight years for each count, or 16 years total. It is The Californian's policy not to identify victims of sexual assault.
The other victim, in a letter to the court, also asked for the maximum sentence.
Frank visibly scowled when Judge Turner imposed the two six-year sentences consecutively. Otherwise Frank showed little emotion during Monday's hearing.
Deputy Public Defender Glenn Nelson said afterward he believes Frank is innocent of the original charges. He argued in court that since there were no court transcripts available from the 1989 trial, he could not properly represent his client.
It was revealed in court Monday that the court reporter from the 1989 trial turned over the notes to a supervisor who stored them for several years. More than a decade after the trial, the court ordered all notes more than 10 years old to be destroyed.
"If the court is interested in justice," Nelson argued, "it will give Mr. Frank a new trial."
Deputy District Attorney Lisa Green -- also the prosecutor at the original trial -- countered that by unlawfully leaving the country before his trial was concluded, it was Frank's own actions that resulted in the lack of a court transcript.
She also cited an appellate court decision from 1982 noting that the destruction of old court records is allowed by government code. Such standard actions, she argued, may not be used later to benefit defendants.
Meanwhile, the victims in this case are suffering a different kind of pain, Green said, because they were drugged when the crimes occurred.
"For the rest of their lives, they will be left to wonder exactly what he did to them," she said.
-- Staff writer Steve E. Swenson contributed to this report.
_________________________________________________________________________________
Doctor sentenced to 12 years for rape
CBS Eyewitness News - December 3, 2007
A Bakersfield doctor convicted of raping two of his female patients almost two decades ago will be spending 12 years behind bars.
Doctor Kenneth Frank, 57, was convicted in 1989 for raping two Bakersfield women, but he fled to Israel before he could be sentenced.
Monday he was sentenced for two separate counts of raping of a drugged victim. For each count, Frank was sentenced to six years in state prison.
The defense attorney also requested a new trial for Dr. Frank which was denied by the judge.
CBS Eyewitness News - December 3, 2007
A Bakersfield doctor convicted of raping two of his female patients almost two decades ago will be spending 12 years behind bars.
Doctor Kenneth Frank, 57, was convicted in 1989 for raping two Bakersfield women, but he fled to Israel before he could be sentenced.
Monday he was sentenced for two separate counts of raping of a drugged victim. For each count, Frank was sentenced to six years in state prison.
The defense attorney also requested a new trial for Dr. Frank which was denied by the judge.
_________________________________________________________________________________
Court faces key cases: Busy slate may delay trials for defendants facing murder charges
By Steven Mayer
The Bakersfield Californian - December 3, 2007
Dec. 3--The scales of justice in Kern County could be straining under the weight of several high-profile cases this week.
Besides the more than 160 criminal cases scheduled for hearings today in Superior Court in Bakersfield, at least five important trials are beginning or continuing this morning, including at least four first-degree murder cases.
In addition, Kenneth A. Frank, a Bakersfield physician who was convicted of drugging and raping two female patients before fleeing to Israel more than a decade and a half ago, is facing a lengthy prison sentence this afternoon.
"We're busy. It is a busy week," allowed Kern County Public Defender Mark Arnold. "But we can handle it -- confidently."
Of course, scheduling a jury trial for today doesn't necessarily mean it will begin today. Limited courtroom space, availability of deputy district attorneys, late plea deals and the process of jury selection can slow the progress, delay a trial or simply end it before it gets started.
Frank: rape of drugged victim
It was December 1989 when Dr. Kenneth A. Frank was found guilty of drugging and raping two women.
But before he could be sentenced and sent to prison, Frank fled the United States and began another life in Israel. He was able to begin practicing medicine again, and even married and fathered a son.
But it all came crashing down last year when he was rearrested. Frank was extradited to Kern County earlier this year.
According to Californian archives, Frank was convicted of two counts of raping two women after first drugging them with the tranquilizer Ativan, making them unable to resist, the women testified in the 1989 trial.
The first count was a 1985 incident with a 23-year-old woman and the second involved a 37-year-old woman in 1986.
Neither Deputy District Attorney Lisa Green nor Deputy Public Defender Glenn Nelson could be reached Friday for comment.
Frank could face 16 or more years in prison.
The Associated Press - December 4, 2007
BAKERSFIELD, Calif.—A doctor convicted of drugging and raping two women, then fleeing the country after the trial, has been sentenced to 12 years in prison.
Kenneth Frank was found guilty in 1989 of using tranquilizers to drug and rape two Bakersfield women in separate incidents in 1985 and 1986. Frank fled to Israel before his sentencing, changed his named to Yonatan Efrat and married.
But the FBI caught up to him last year and extradited him back to Kern County.
At the sentencing Monday, Judge Jerold Turner described Frank's crimes as "disturbing, premeditated and certainly somewhat repugnant." He also ordered the 57-year-old to pay restitution to the victims and register as a sex offender.
Deputy Public Defender Glenn Nelson said he believes Frank is innocent of the original charges.
Pedophile suspect extradited from Israel charged in NY
By Michael Lando
Jerusalem Post - January 10, 2008
NEW YORK - A suspected Brooklyn pedophile extradited from Israel to the US under a revised extradition treaty was arraigned and held on $10-million bail on Tuesday.
Stefan Colmer was indicted by a Brooklyn grand jury on charges that he sodomized two 13-year-old boys from the haredi Jewish community in Brooklyn where he lived.
To avoid arrest, Colmer, a computer technician and salesman, fled to Israel, where he has been hiding under the name David Cohen.
A revamped extradition treaty between the United States and Israel, which went into effect January 10, 2007, allowed Colmer to be returned to Brooklyn. Prior to the newly amended treaty, Israel and the US had agreed to extradite suspected sex criminals only if they had been charged with rape. Since last January, at least two other sex offenders have been extradited, including Michael Leon Zeve and Kenneth Frank.
"Until now, Israel has been a Mecca for sex offenders," said Vicki Polin, founder and executive director of The Awareness Center, the international Jewish Coalition Against Sexual Abuse/ Assault.
The indictment charges that between March and May 2006, Colmer sodomized two teenage boys on numerous occasions, after luring them to his home from a nearby yeshiva high school, according to the US extradition request.
Colmer is charged with eight counts of criminal sexual acts in the second degree, eight counts of sexual misconduct, 19 counts of sexual abuse in the second degree and two counts of endangering the welfare of a child.
In the Orthodox world, "the status quo has been to protect offenders' parnassa [income] and not shame family members, at the expense of shaming those who have been victimized," said Polin, who has been working to expose sexual abuse cases for 25 years.
The new treaty may also allow for the extradition of Avrohom Mondrowitz, who claimed to be a rabbi and posed as a school psychologist in Boro Park during the late 1970s and early 80s. He was indicted in 1984 for sodomizing young boys, and he fled to Israel after learning he was under investigation. Since then, Mondrowitz has remained in Israel, protected by the now-defunct treaty. He was recently arrested there, pursuant to the amended treaty, and extradition proceedings are pending.
Michael Lesher, an Orthodox lawyer representing six of Mondrowitz's alleged victims and actively pursuing his extradition, has been facing intense pushback.
"I continued to bang on the door about Mondrowitz, but I am operating against tremendous institutional logic," said Lesher. "He should have been first to be extradited years ago. When they arrested Colmer, I think they were testing the waters."
By Steven Mayer
The Bakersfield Californian - December 3, 2007
Dec. 3--The scales of justice in Kern County could be straining under the weight of several high-profile cases this week.
Besides the more than 160 criminal cases scheduled for hearings today in Superior Court in Bakersfield, at least five important trials are beginning or continuing this morning, including at least four first-degree murder cases.
In addition, Kenneth A. Frank, a Bakersfield physician who was convicted of drugging and raping two female patients before fleeing to Israel more than a decade and a half ago, is facing a lengthy prison sentence this afternoon.
"We're busy. It is a busy week," allowed Kern County Public Defender Mark Arnold. "But we can handle it -- confidently."
Of course, scheduling a jury trial for today doesn't necessarily mean it will begin today. Limited courtroom space, availability of deputy district attorneys, late plea deals and the process of jury selection can slow the progress, delay a trial or simply end it before it gets started.
Frank: rape of drugged victim
It was December 1989 when Dr. Kenneth A. Frank was found guilty of drugging and raping two women.
But before he could be sentenced and sent to prison, Frank fled the United States and began another life in Israel. He was able to begin practicing medicine again, and even married and fathered a son.
But it all came crashing down last year when he was rearrested. Frank was extradited to Kern County earlier this year.
According to Californian archives, Frank was convicted of two counts of raping two women after first drugging them with the tranquilizer Ativan, making them unable to resist, the women testified in the 1989 trial.
The first count was a 1985 incident with a 23-year-old woman and the second involved a 37-year-old woman in 1986.
Neither Deputy District Attorney Lisa Green nor Deputy Public Defender Glenn Nelson could be reached Friday for comment.
Frank could face 16 or more years in prison.
_________________________________________________________________________________
Bakersfield doctor sentenced for decades-old rapesThe Associated Press - December 4, 2007
BAKERSFIELD, Calif.—A doctor convicted of drugging and raping two women, then fleeing the country after the trial, has been sentenced to 12 years in prison.
Kenneth Frank was found guilty in 1989 of using tranquilizers to drug and rape two Bakersfield women in separate incidents in 1985 and 1986. Frank fled to Israel before his sentencing, changed his named to Yonatan Efrat and married.
But the FBI caught up to him last year and extradited him back to Kern County.
At the sentencing Monday, Judge Jerold Turner described Frank's crimes as "disturbing, premeditated and certainly somewhat repugnant." He also ordered the 57-year-old to pay restitution to the victims and register as a sex offender.
Deputy Public Defender Glenn Nelson said he believes Frank is innocent of the original charges.
_________________________________________________________________________________
Pedophile suspect extradited from Israel charged in NY
By Michael Lando
Jerusalem Post - January 10, 2008
NEW YORK - A suspected Brooklyn pedophile extradited from Israel to the US under a revised extradition treaty was arraigned and held on $10-million bail on Tuesday.
Stefan Colmer was indicted by a Brooklyn grand jury on charges that he sodomized two 13-year-old boys from the haredi Jewish community in Brooklyn where he lived.
To avoid arrest, Colmer, a computer technician and salesman, fled to Israel, where he has been hiding under the name David Cohen.
A revamped extradition treaty between the United States and Israel, which went into effect January 10, 2007, allowed Colmer to be returned to Brooklyn. Prior to the newly amended treaty, Israel and the US had agreed to extradite suspected sex criminals only if they had been charged with rape. Since last January, at least two other sex offenders have been extradited, including Michael Leon Zeve and Kenneth Frank.
"Until now, Israel has been a Mecca for sex offenders," said Vicki Polin, founder and executive director of The Awareness Center, the international Jewish Coalition Against Sexual Abuse/ Assault.
The indictment charges that between March and May 2006, Colmer sodomized two teenage boys on numerous occasions, after luring them to his home from a nearby yeshiva high school, according to the US extradition request.
Colmer is charged with eight counts of criminal sexual acts in the second degree, eight counts of sexual misconduct, 19 counts of sexual abuse in the second degree and two counts of endangering the welfare of a child.
In the Orthodox world, "the status quo has been to protect offenders' parnassa [income] and not shame family members, at the expense of shaming those who have been victimized," said Polin, who has been working to expose sexual abuse cases for 25 years.
The new treaty may also allow for the extradition of Avrohom Mondrowitz, who claimed to be a rabbi and posed as a school psychologist in Boro Park during the late 1970s and early 80s. He was indicted in 1984 for sodomizing young boys, and he fled to Israel after learning he was under investigation. Since then, Mondrowitz has remained in Israel, protected by the now-defunct treaty. He was recently arrested there, pursuant to the amended treaty, and extradition proceedings are pending.
Michael Lesher, an Orthodox lawyer representing six of Mondrowitz's alleged victims and actively pursuing his extradition, has been facing intense pushback.
"I continued to bang on the door about Mondrowitz, but I am operating against tremendous institutional logic," said Lesher. "He should have been first to be extradited years ago. When they arrested Colmer, I think they were testing the waters."
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State of California Inmate Locator
California Department of Corrections and Rehabilitation - January 13, 2013
NAME CDCR# Age Admission Date Current Location
FRANK, KENNETH AARON F98138 62 12/07/2007 SATF-CSP
California Substance Abuse Treatment Facility and State Prison, Corcoran (SATF-CSP, Corcoran)
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"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."
--Margaret Mead
--Margaret Mead
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