back on Main Street. Shortly afterward, Gallagher shared her experience with one of her street friends, who in turn had a friend on the vice squad. The vice squad officer notified Siegrist of the incident. Mannain was sent out to question the woman. Gallagher told Mannain her story. Mannain convinced her to come in for further interviewing.
At the station, Mannain took a deposition from her about the incident. The deposition was a formal questioning under oath, taken down by a stenographer, admissible as evidence in court. With that done, all that was necessary was for Gallagher to sign it. The cops would then be able to arrest Francois and apply for a search warrant. They had their “in.”
Siegrist had been keeping track of Gallagher’s questioning. He had noticed how antsy she was. She just wanted to get out. He figured to keep her there just a little longer to get the deposition typed up and signed and then they’d be home free.
“I’ve got to go,” Gallagher suddenly said. “I’ve got my period.”
“She did not have on a pad and was bleeding through her pants. I could see it,” Siegrist recalled. “I tried to convince her to stay a little longer.”
But the woman would have none of it.
“I’m not a suspect. I know my rights,” said the prostitute.
Gallagher had had enough experience with the law to know she was right. She walked out before signing the deposition. Now, they were as far away from cracking the case as they had ever been.
February 26, 1998
It would take another three weeks. At the end of that time, Siegrist convinced Gallagher to sign the deposition.
Because the alleged assault had taken place in Francois’s home, which was just over the town line, he was brought into the Town of Poughkeepsie Police Headquarters and questioned there. He was brought in under a warrant for simple assault. Kendall L. Francois was duly advised of his constitutional rights. His fingerprints and mug shot were taken. Then, he did what some cops call “lawyering up.”
He got an attorney to represent him. The attorney, of course, advised him to keep his mouth shut. Francois complied. He had taken enough government studies courses at Dutchess County Community College to know that was the smart thing to do.
Siegrist was frustrated. They had the guy under lock and key, for crissakes! But now he wouldn’t talk to them anymore. Then things went from bad to worse.
The district attorney advised the lieutenant of detectives that the whole case was based upon the prostitute’s word against Francois’s. Francois had a cleaner record than she did. Not only that, the complainant Gallagher was not beating down the door to see the guy prosecuted. Clearly, she’d make a reluctant witness at trial. That was not how a conviction was won.
With the case against Francois shaky, Siegrist and company lost the opportunity for a search warrant. It was just a case of simple assault, the court reasoned. There was no reason to allow the cops to go rooting through the man’s house. If they did that every time someone was charged with such a minor crime, they’d have cops beating down the doors of every minor felon in Dutchess County, not to mention having the case dismissed by the appeals courts for unreasonable search and seizure.
No, better to avoid that. Stay away from Francois’s home, Siegrist was advised. And the cops couldn’t talk to Francois either. Once a suspect requests a lawyer, all questioning ceases, unless the lawyer permits it, and Francois’s wouldn’t. Plus, Francois was granted bail while awaiting trial.
“We were told that every time we spoke with Francois, we had to tread lightly,” Siegrist recalled.
Kendall Francois was a lot of things: killer, serial killer, liar, psychopath and psychotic. But one thing he wasn’t was stupid. With so much scrutiny by law enforcement, he ceased his murderous activities. Right up until the time of his sentencing, Siegrist heard nothing that would enable him
At the station, Mannain took a deposition from her about the incident. The deposition was a formal questioning under oath, taken down by a stenographer, admissible as evidence in court. With that done, all that was necessary was for Gallagher to sign it. The cops would then be able to arrest Francois and apply for a search warrant. They had their “in.”
Siegrist had been keeping track of Gallagher’s questioning. He had noticed how antsy she was. She just wanted to get out. He figured to keep her there just a little longer to get the deposition typed up and signed and then they’d be home free.
“I’ve got to go,” Gallagher suddenly said. “I’ve got my period.”
“She did not have on a pad and was bleeding through her pants. I could see it,” Siegrist recalled. “I tried to convince her to stay a little longer.”
But the woman would have none of it.
“I’m not a suspect. I know my rights,” said the prostitute.
Gallagher had had enough experience with the law to know she was right. She walked out before signing the deposition. Now, they were as far away from cracking the case as they had ever been.
February 26, 1998
It would take another three weeks. At the end of that time, Siegrist convinced Gallagher to sign the deposition.
Because the alleged assault had taken place in Francois’s home, which was just over the town line, he was brought into the Town of Poughkeepsie Police Headquarters and questioned there. He was brought in under a warrant for simple assault. Kendall L. Francois was duly advised of his constitutional rights. His fingerprints and mug shot were taken. Then, he did what some cops call “lawyering up.”
He got an attorney to represent him. The attorney, of course, advised him to keep his mouth shut. Francois complied. He had taken enough government studies courses at Dutchess County Community College to know that was the smart thing to do.
Siegrist was frustrated. They had the guy under lock and key, for crissakes! But now he wouldn’t talk to them anymore. Then things went from bad to worse.
The district attorney advised the lieutenant of detectives that the whole case was based upon the prostitute’s word against Francois’s. Francois had a cleaner record than she did. Not only that, the complainant Gallagher was not beating down the door to see the guy prosecuted. Clearly, she’d make a reluctant witness at trial. That was not how a conviction was won.
With the case against Francois shaky, Siegrist and company lost the opportunity for a search warrant. It was just a case of simple assault, the court reasoned. There was no reason to allow the cops to go rooting through the man’s house. If they did that every time someone was charged with such a minor crime, they’d have cops beating down the doors of every minor felon in Dutchess County, not to mention having the case dismissed by the appeals courts for unreasonable search and seizure.
No, better to avoid that. Stay away from Francois’s home, Siegrist was advised. And the cops couldn’t talk to Francois either. Once a suspect requests a lawyer, all questioning ceases, unless the lawyer permits it, and Francois’s wouldn’t. Plus, Francois was granted bail while awaiting trial.
“We were told that every time we spoke with Francois, we had to tread lightly,” Siegrist recalled.
Kendall Francois was a lot of things: killer, serial killer, liar, psychopath and psychotic. But one thing he wasn’t was stupid. With so much scrutiny by law enforcement, he ceased his murderous activities. Right up until the time of his sentencing, Siegrist heard nothing that would enable him
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