PORTLAND, Ore. (KOIN) — The latest court proceeding in the ongoing case of Frank Gable unfolded Monday in the 9th Circuit Court in Portland.

In 1989, the state of Oregon was gripped by the shocking murder of its prison system director, Michael Francke. Gable was convicted and spent 30 years behind bars.

When federal Judge Acosta released Gable from prison in 2019, he said that although there was enough evidence Gable’s constitutional rights were violated he had not shown enough evidence to support that he was actually innocent. Judge Acosta ruled he was likely innocent and no reasonable juror would convict him.

So, the judge said, the state could either let Gable remain a free man or retry the case.

In the Monday hearing, lawyers for the state and for Gable each made brief arguments mostly focusing on the man who confessed to killing Michael Francke before Gable was arrested. That was information not allowed at the original trial.

The appeals court judges did not make an immediate decision and did not say when they would issue a ruling.

It is notable that Gable’s most vocal supporter is Kevin Francke, the brother of the man Gable was convicted of killing.

Broken Dome: The case of Michael Francke and Frank Gable

Francke said in a statement obtained by KOIN 6 News that “the State has nothing to present” and the court proceeding should be short. He said the State of Oregon knows “there is no evidence, no witnesses, and no motive or opportunity to support their case, and knowing that he has a valid, confirmed alibi which places him miles away from the scene of the murder.”

Kevin Francke set up a GoFundMe for Frank Gable.

KOIN 6 News will continue to follow this case.