Daughter to Testify in Retrial of Repressed-Memory Case

George Franklin’s daughter, the key witness in a repressed-memory murder case against her father, will testify at his retrial despite defense claims to the contrary, a prosecutor said Wednesday.

Lawyers for Franklin said Tuesday they had learned that Eileen Franklin-Lipsker did not want to take the stand in the retrial, scheduled for Sept. 16 in San Mateo County Superior Court. Her statements to prosecutors were provided to Franklin’s lawyers in pretrial discovery, said defense lawyer Dylan Schaffer.

But Deputy Dist. Atty. Elaine Tipton said the defense was quoting Franklin-Lipsker out of context. Her entire statement makes it clear that she will testify if necessary, Tipton said.

“After the case was reversed, Ms. Franklin-Lipsker expressed a great reluctance to go through a retrial because of the emotional impact it would have on her life, having been through it once before,” said Tipton, who is to again be the lead prosecutor.

“She indicated that she was not enthusiastic about the prospect but if she were subpoenaed to come to court, she would come to court and testify truthfully.”

In a 1990 trial that focused debate on repressed memory and its use in criminal cases, Franklin was convicted of murdering his daughter’s 8-year-old friend Susan Nason in 1969.

Franklin was charged after his daughter came forward, saying she suddenly remembered the crime in January 1980 while looking at her own daughter, who resembles her childhood friend.

But a federal judge threw out the conviction and life sentence last spring because of errors during the trial.