Ex-Konawaena Middle School teacher found guilty of sexually assaulting minor to be sentenced in August

This story was updated at 9:06 p.m. June 1.

A former Kona teacher was found guilty of continuously sexually assaulting a girl younger than 14 years old more than 3 years ago.

The Hawai‘i County prosecutor’s office announced that 47-year-old John Lee Franks of Ocean View was convicted in Kona Circuit Court of continuous sexual assault of a minor younger than 14 years old and first-degree attempted sexual assault in connection with incidents that happened between November 2021 and February 2022.

Franks’ guilty verdict was handed down May 29 following a 2-week bench trial in February presided over by Kona Circuit Court Judge Wendy DeWeese.

Continuous sexual assault of minor younger than 14 years old and first-degree attempted sexual assault are both Class A felonies, each punishable by 20 years in prison.

Franks is scheduled to be sentenced Aug. 18.

He remains free on bond after posting $50,000 bail following his arraignment in March 2022.

The Ocean View man was a student services coordinator at Konawaena Middle School in Kailua-Kona when he was arrested and initially charged Feb. 16, 2022, with two counts of first-degree sexual assault of a minor and one count of continuous sexual assault of a minor younger than 14 years old.

West Hawai’i Today reported in October 2023 that a charging complaint filed Feb. 17, 2022, in Kona District Court accused Franks of knowingly engaging in “sexual penetration” with a minor girl born in 2009 from late fall 2021 through early winter 2022.

During his initial court appearance the same day, Franks requested supervised release; however, while Kona District Court Judge Kimberly Taniyama was disinclined to grant that request, she did reduced his bail from $150,000 to $50,000 — with the stipulation he have no contact with the victim.

Franks was able to post bail and was later released. A preliminary hearing was conducted Feb. 18, 2022, where his bail terms were tweaked and he was ordered to appear March 10, 2022, for a preliminary hearing in Kona Circuit Court.

However, a grand jury indicted Franks on Feb. 23, 2022, on the same charges and a bench warrant was issued for his arrest. His bail conditions were canceled 5 days later and bond surety discharged 2 days after that.

He was arrested again March 8, 2022, by Honolulu police outside Adventist Health Castle in Kailua, O‘ahu.

He was then extradited and escorted back to the Big Island by investigators with the Hawai‘i County prosecutor’s office on the $150,000 grand jury bench warrant.

Franks pleaded not guilty to all charges March 9, 2022.

A jury trial was scheduled Oct. 10, 2023, following several continuances of the case.

Franks instead changed his plea that day and pleaded no contest to one count of an included lesser charge of third-degree sexual assault as part of a plea deal with prosecutors in exchange for the other counts of first-degree sexual assault and continuous sexual assault of a minor younger than 14 years old being dropped.

He was scheduled to be sentenced on the lesser charge Dec. 29, 2023.

The case took another turn when Franks instead of accepting a sentence that day requested — and was granted — a withdrawal from the plea deal he agreed to just about 3 months prior with prosecutors.

A new jury trial for the original three charges was set for Sept. 3, 2024, which was changed to a bench trial Aug. 19, 2024, after Franks waived his right to be judged by a group of his peers.

The bench trial was pushed back one more time before Franks’ day in court finally arrived Feb. 4 this year.

During the trial, DeWeese acquitted Franks of Count 2 — one of the two first-degree sexual assault charges — after his court appointed attorney Catherine Gibson moved on the third day of proceedings, Feb. 6, to acquit her client of all counts.

Gibson, according to online court records, argued that the complaining witness specifically testified there was no penetration — as charged in Counts 1 and 2 — on Feb. 10 or 14, 2022, respectively.

She further argued there was insufficient evidence as to Count 3 that witness testimony was not credible and there was insufficient evidence for conviction.

Prosecutors argued back that the court should see the evidence in the light most favorable to them and proceed with Count 1; the defendant could be convicted — and subsequently was — of first-degree attempted sexual assault, which is an included offense.

The prosecution also argued that the specific date in Count 2 is not an element, agreeing there is a close time frame of Counts 2 and 3, which could be a merger issue up to the trier of fact.

DeWeese mostly agreed with prosecutors’ rebuttal that no testimony elicited there was penetration; although, prior statements alleged penetration, and the court is allowed to choose to believe a prior statement vs. the witness statement in court.

The judge denied Gibson’s motion to acquit on Counts 1 — first-degree sexual assault — and 3 — continuous sexual assault of a minor younger than 14 years old — but needed more time to review her notes to make a decision on Count 2.

Upon resumption of court proceedings Feb. 11, DeWeese granted Gibson’s motion to acquit Franks on Count 2, finding prosecutors did not present sufficient evidence to convict him.

She explained there were incidents alleged to have happened Feb. 14, 2022, and prior, but there was no testimony elicited about an event Feb. 10, 2022. In fact, the witness was specifically directed to that date, but she had no recollection.

While DeWeese understood the exact date is not required, under Hawai‘i law, no other felony sex offense involving the same victim can be charged in the same proceeding with a charge under the same code unless the other charged offense happened outside the time of the offesne charged under the code.

The trial came to a close following the prosecution’s closing rebuttal argument Feb. 20.

West Hawai‘i Today reported in October 2023 that was first employed with the Hawai‘i Department of Education in 2008 as a special education teacher.

The state Education Department told the Big Island newspaper that the offenses did not occur on a public school campus.

A department communications specialist also said Franks is no longer an employee of the state Department of Education, separating in January 2023.

The felony investigation in this case was led by Lt. Kevin Brodie with the Special Response Team, formerly with the Area II Juvenile Aid Section, of Hawai‘i Police Department.

Deputy Hawai‘i County Prosecuting Attorney Chase Murray prosecuted the case.

If you or someone you know experienced sexual assault, go to a safe place and call a trusted friend or relative for support.

You can call 9-1-1 to report sexual assault to the police.

The YWCA Hawai‘i Island 24-Hour Sexual Assault Crisis Hotline also has advocates available 7 days a week to provide support and advocacy. They can be reached at 808-935-0677.

News reporter Nathan Christophel contributed to this story.