COCOA, Fla. (AP) — An attorney for a fugitive who had been on the lam since walking away from a prison farm in 1959 is fighting his extradition back to Ohio after a recent arrest in Florida.
Last week, 79-year-old Frank Freshwater waived his extradition, but attorney Bryan Savy is set to ask a judge Thursday to reconsider. Savy said in a motion that Freshwater was under stress and not fully aware of the implications when he signed papers before an initial court appearance. He also said Freshwater wasn’t appointed a lawyer or advised of his right to one.
Freshwater was arrested in Brevard County about a week after sheriff’s deputies used a ruse to get his fingerprints, which matched those from his decades-old arrest.
After all these years, there are also discrepancies involving his name. Documents in Ohio refer to him as “Freshwaters,” according to the U.S. Marshals Service. But court documents filed by his attorney in Florida refer to him as “Freshwater.”
He originally pleaded guilty to manslaughter in 1957.
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