DATE: Thursday, October 23, 1997            TAG: 9710230551

SECTION: LOCAL                   PAGE: B2   EDITION: FINAL 

SOURCE: STAFF REPORT 

DATELINE: NORFOLK                           LENGTH:   33 lines

SHAKEN BABY'S MOTHER FOUND GUILTY OF SECOND-DEGREE MURDER

Regina Lea Frank, charged with shaking her infant son to death, was convicted Wednesday in Circuit Court of second-degree murder.

Frank, of the 2000 block of E. Ocean View Ave., was convicted after a two-day bench trial before Judge Junius P. Fulton III. The crime carries a sentence of 5 to 40 years.

The baby, Zachary A. Frank, died Dec. 1, 1996, at Children's Hospital of The King's Daughters, where he had been since Nov. 25.

According to police and court testimony, the incident occurred at the family's home. During her testimony, Frank said Zachary was in a swing when he was shaken.

Prosecutor Lauri D. Hogge argued that Fulton consider Frank's statement to detectives at the time of the incident. In the statement, Hogge said, Frank vented her frustrations and stresses in her life. She also said, ``If I did it, I don't remember.''

Defense attorney Lenita Ellis said there was not enough evidence to convict Frank. But Fulton, in delivering his judgment, said the mother made a number of damaging statements.

He quoted her as telling police that she ``lost control so much (she) can't remember some parts.''

Frank remained free on bond, but Fulton said she cannot have any contact with her other two young children. Her youngest child, a 2-month-old boy, was conceived shortly after Zachary died.

She is scheduled to be sentenced Dec. 19. KEYWORDS: VERDICT MURDER TRIAL

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