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During
a recent trial, both attorneys handling a case
before Judge Timothy M. Frawley misused the word
"acclimated" while questioning a witness.
Frawley,
appointed to the bench in May, waited for a break in the
proceedings and, outside the presence of the jury and witness,
alerted the attorneys to the correct use of the word.
Those
who have worked with Frawley are not be surprised by how
he handled the situation. They consistently describe him
as low-key and pleasant, with an abiding passion for getting
the job done right, hallmarks of his 25 years as a Sacramento
County prosecutor.
"He
has a passion for justice," said Deputy District Attorney
Robin B. Shakely. "He's intense about everything
he pursues, whether it's in the courtroom, on the triathalon
trail, or cheering on his kids in soccer."
As a
deputy district attorney, Frawley handled many of the county's
high-profile murder trials.
"He
was a dogged and determined prosecutor," said Sacramento
Deputy District Attorney Terence M. Brown, who worked
with Frawley for 25 years. Brown described Frawley as "an
ideal selection" for judgeship because of his intelligence,
work-ethic preparing cases, writing skills and his pleasant,
personable demeanor.
Frawley
thinks preparation was perhaps the most essential component
of a successful trial attorneys. "You must know the
case very well so you can foresee the twists and turns and
have thought about how to handle them when they happen,
but have the flexibility to deal with changes that will
be thrown at you."
He came
by that ability to calmly deal with the unanticipated early
in life. Being the oldest of eight children tends to leave
a person with the ability to "think clearly amidst
the chaos." Frawley, 54, was raised in Southern California
where he spent nine summers as a lifeguard, handling a variety
of duties. He graduated from Dartmouth College in 1970 with
a major in sociology. He went on to graduate in 1976 from
McGeorge, joining the District Attorney's Office a year
later.
When
first out of law school, Frawley knew he wanted to do trial
work. He ended up very happy about his decision to be a
prosecutor.
"I
always felt I was on the side of truth and justice,"
he said. "If I evaluated my case right, then the idea
was to get that to the jury. It was gratifying when you
were able to do that."
As a
prosecutor, he also "had the discretion to adapt to
the situation when there were mitigating factors. You get
to wear the white hat. My peers and I all felt that way.
It may sound trite, but we really felt we could do justice."
Besides
prosecuting some of the county's most notorious murderers,
and logging 95 trials, Frawley also shouldered administrative
duties, working under former District Attorney Steve
White as the chief deputy, the number two in the office,
and as assistant district attorney.
Among
Frawley's notable prosecutions was Troy Ashmus (sentenced
to death for the 1984 rape and murder of 7-year-old Marcie
Davis), Alex Dale Thomas (the janitor who in 1997 raped
and murdered Rio Linda High School student Michelle Montoya)
and Nikolay Soltys (accused of killing seven family members
prior to killing himself in jail earlier this year).
As a
prosecutor, Frawley was known for keeping abreast of advances
in forensics and mastering the technical points while making
them understandable for juries. He was also a strong proponent
of debunking unreliable "expert" testimony that
is not scientifically
sound.
The
Ashmus trial was the subject of a book, When God Cries:
Portrait of a Child Slayer by Sherri Jilek, in which
the author wrote: "I don't want to bombard the reader
with that famous combination of awe and boredom one encounters
when one person highly praises another person. But I must
say no one fought more ardently, more passionately, more
thoroughly, or more valiantly for Marcy than Mr. Frawley.
... Mr. Frawley cared very much about what happened to Marcy.
It was no performance staged for the sake of emerging a
hero. He just plain cared."
One
aspect of the system Frawley thinks can be improved is its
efficiency. Cases need to be resolved more quickly. "Cases
sit in the litigation phase too long," he said, causing
cases to grow stale and witness recollections to fade.
"Justice
is not served," he said, by judges who are "not
decisive and draw things out." His goal will be to
"get on top of the facts and law, pick the minds of
the attorneys, and then make a decision and move on."
He added
he will "not be persuaded by lawyers who are loud and
long winded. Lawyers should not be afraid to be concise
and to the point." He is also a big proponent of eliminating
jargon when speaking to witnesses and the jury.
Frawley
is married to Lilly Chan Frawley, an Assistant County
Counsel in Sacramento County, and has three children. When
he is not in court, Frawley spends a lot of time with his
family and training for his recreational activity, competing
in triathlons (a grueling combination of lengthy runs, swims
and bike rides) and mountaineering.
According
to colleagues, his approach to his recreational activities
mirrors his approach to work. Frawley, a competitive swimmer
in his youth, especially enjoys triathlon training because
it involves "working toward a competitive goal"
in an activity that is demanding and requires tremendous
amounts of preparation and focus.

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