This is an updated version of a story posted at 11:36 this morning.



By KEN ROSS

kross@repub.com



WESTFIELD - In an ironic twist, the jury trial of a Holyoke man who refused to report for jury duty, was continued today due to a lack of jurors.



Michael Franco, 45, is on trial in Westfield District Court for failing to report for jury duty in 2006 in Westfield.



Franco requested the trial because he has previously said he believes there are systematic problems with the state's trial system.

A total of eight jurors were impaneled for Tuesday's trial. Three were dismissed including two at Franco's request. By law, the plaintiff or defendant in a case can each request to have two jurors dismissed without giving a reason. A total of six jurors were needed for this trial.



Franco's court case is scheduled to resume at 9 a.m. Wednesday in Westfield District Court.



Earlier this morning, Judge Rita Koenigs refused to dismiss charges against Franco, a city veterans' services officer.



Franco, 45, who is charged with twice failing to report for jury duty, has said he refused because the state Trial Court is "systematically corrupted and politically motivated."



Franco has said he bases his argument on personal experience during a custody battle with his ex-wife about their 10-year-old daughter. He said the court is biased against "heterosexual men and fathers."



Franco, a failed candidate for Governor's Council, state representative and City Council, is running again for the 8th District seat on the Governor's Council now held by Thomas T. Merrigan and has made previous statements concerning his position about the court system. The council acts on nominations from the governor for judicial appointments.



More details in The Republican tomorrow.

