"Dead men can't testify": Rains County Judge indicted after alleged threat

Rains County Judge indicted after alleged threat

Rains County Justice of the Peace Robert Jenkins Franklin has been criminally charged with official oppression and tampering with a witness following allegations he threatened a man to take a plea deal and coerced his chief clerk.

RAINS COUNTY, Texas - A Rains County judge was criminally charged on Wednesday night. 

Judge Robert Jenkins Franklin, Justice of the Peace in Rains County, about 80-miles east of Dallas, was indicted on charges of official oppression and tampering with a witness.

Federal lawsuit

On May 1, a man named Coby Wiebe filed a federal lawsuit against Judge Franklin claiming, in October 2023, Judge Franklin issued him a death threat regarding a case the judge was not presiding over.

Coby Wiebe

The claim is that during a 19-second phone call to Wiebe, who was facing a felony charge. Judge Franklin allegedly said: "I heard you have a problem with me, boy. You take that deal, boy.  Or dead men can’t testify."

The lawsuit says the call happened two days before Wiebe chose to take a plea deal for that felony, instead of going to trial. 

Wiebe later provided phone records showing Judge Franklin called him, and he even took a lie-detector test discussing the threat and passed. 

According to a court filing, the district attorney vacated Wiebe’s sentence after it found evidence an elected official coerced him to make the plea.

Grand jury indictment

This week, a Rains County grand jury met and chose to indict Judge Franklin on charges of official oppression and tampering with a witness for the phone call with Wiebe. 

Now, the judge is also facing the same charges in a different incident, allegedly trying to convince his chief clerk to falsify an affidavit, as well as pressuring her to testify regarding that civil lawsuit.

What they're saying:

Russell Wilson, a former Dallas County prosecutor not connected to this case, says it's rare to see a judge charged.

"Seems to be going against everything you would expect a judge to be doing," said Wilson. "I mean, certainly you’ve seen a variety of allegations of misconduct made against professionals from all walks of like, including those in the judiciary."

Wilso wonders what motive Judge Franklin may have had, since the judge was not overseeing Wiebe's case. 

"Why would this judge try to influence this person in this way?"

What's next:

Judge Franklin posted a $25,000 bond. 

FOX 4 has reached out to Judge Franklin's office for comment and has not received a response.

The district attorney from Van Zandt County, just 25 miles south of Rains County, will serve as a special prosecutor in this case.