PUERTO PLATA, Dominican Republic — The father of the minor at the center of Wander Franco’s sexual abuse case intends to petition the court for a dismissal of the charges, his attorney said on Wednesday afternoon, shortly after Franco appeared in court for a hearing that would ultimately be postponed.
Franco is facing accusations of sexual abuse of a minor, and Wednesday’s hearing was supposed to be the beginning of the process to determine whether he will actually stand trial. He arrived at the Puerto Plata courthouse dressed in a black shirt and jeans, and unlike typical court proceedings, multiple police officers stood guard. They remained through the conclusion of the proceeding, which took place behind closed doors because the case involves a minor.
Franco, a one-time all-star whose last major league game with the Rays came a year ago this week, left the courthouse without addressing reporters.
According to attorney Dignora Diloné, the hearing was postponed until Sept. 26 because the defense was not notified in time of what she called “a hard drive containing audiovisual evidence that is material to the defense of Wander Franco and Mrs. Martha Vanessa Chevalier.” Chevalier is the alleged victim’s mother, who is also facing related charges of trafficking, sexual exploitation, and money laundering.
Diloné represents William Reyes González, the father of Franco’s alleged victim, who is a civil party to the court case. According to his attorney, González intends to seek a dismissal of the charges due to a lack of evidence.
“We have never had the intention of harming him and the father understood, because Wander is a source of pride for our country,” Diloné told The Athletic. “He is an excellent prospect and an excellent export of Dominican baseball, and that’s why from the beginning we’ve advocated for no prison.”
From the start, González has asked his lawyers to not harm Franco because he believed it was necessary to investigate the situation on his own due to his daughter not living with him. At this time, his representation asserts that nothing has been finalized and this is simply their opinion as of this moment.
“He told me that his daughter told him that things between her and Franco weren’t like that, and at no point were they intimate,” Diloné said. “They simply took a photo like any celebrity and young person would.”
Franco has been accused of having intercourse with a 14-year-old girl, as well as commercial sexual exploitation and money laundering.
Regardless of González’s petition, the case remains in the hands of a judge. Once prosecutors present their evidence in court and the defense makes its case, a judge must determine if there is enough indications of a crime to send the case to trial. However, if the judge encounters irregularities or due process violations, then an order of dismissal could be issued and the case would be dropped.
It had previously been reported that González filed suit against Franco, requesting damages in the sum of 15,000,000 pesos. His lawyer asserts that the suit was filed prior to him obtaining all the facts.
“At the beginning, you don’t have the same knowledge that you do during the process,” Diloné said. “Remember, he found out about this through the press, and, at first, wanted to file a complaint.”
Dominican law states that any time there is a case involving a victim, the victim’s family could become civil parties to the proceedings in order for the court to issue civil compensation for damages caused. If you do not become a party to the case, then you have no recourse for compensation.
“He can withdraw the complaint at the moment he feels appropriate,” Diloné added. “There are things that he does not 100% agree with the prosecution and he will adapt his interests if he chooses to continue. Like in the case, he does not want to continue and he is going to ask the same of the defense. He told me he does not want to continue but it is my duty to attend the hearings.”
Since January, Franco has been required to visit monthly with the judge. His request for the visits to be suspended was denied in April.
In July, prosecutors alleged that Franco paid the girl’s mother thousands of dollars. They said the transactions were made with Franco’s mother serving as a middleman, and according to the AP, prosecutors concluded that Franco’s mother could not prove where she obtained the money or establish why she deposited it into the account of the minor’s mother, a person she had no other connection with. “He used it to avoid traces with the accused,” prosecutors said in a 101-page document presented to the judge.
Franco had signed an 11-year, $182 million contract extension with the Rays, though he has not been paid by the Rays since being placed on the restricted list, where he remains. If convicted, Franco faces up to 20 years in prison.
(Top photo of Wander Franco: Ricardo Hernandez / AP)