Press release: OCRCC is writing regarding the case concerning Duilio “Nick” Franchino. Earlier this week, he was sentenced to nine months in jail after a jury found him guilty of drugging a close friend with the date rape drug GHB— but acquitted him of sexual assault.
We note in particular, Justice John McMahon’s comments related to the case:
- Due to the jury’s verdict, Justice McMahon said there is no evidence before him that explains why Franchino brought the GHB-laced wine to the complainant’s home and gave it to her to drink.
- While McMahon said drugging someone with a street-level drug of unknown strength leads to a serious risk of harm, he found the crime falls into the less serious category of intending to aggrieve or annoy, rather than endangering life or causing bodily harm.
- McMahon also noted in his ruling that Franchino has no criminal record and has the support of his family, his fiancée and his fiancée’s family.
While we are aware that the decision to acquit was informed by a jury (and not solely Justice McMahon), we write nonetheless to express disappointment. We wish to highlight components of the final ruling that we see as problematic from the perspective of survivors and their allies.
