Success Stories
 
Career Prosecutor Brings "Passion for Justice" to Judge's Role
By John Bachman
 

Timothy FrawleyDuring 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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September / October 2002