Woman accepts plea deal in 2019 murder of her children
Jun. 25—Sara Tapia Franco received two life sentences after she pled guilty to two lesser counts of murder Thursday, June 20, for the 2019 killing of her two young sons.
Law enforcement officers discovered the boys, ages 9 and 3, in a home near Baileyton after responding to an emergency call placed by their father in October 2019. Franco was detained and transported to receive medical treatment for what appeared to be self-inflicted wounds after she was discovered in a field near the home.
In a statement posted to social media following the sentencing, Cullman County District Attorney Champ Crocker said: "In October of 2019 Sarah Tapia Franco murdered both of her young children before she attempted to kill herself. 'There is no amount of punishment that would be enough or harsh enough for Sarah Tapia Franco. I am confident that she will never see the light of day again,' said District Attorney Champ Crocker."
Franco was originally charged with three counts of capital murder including a seldom invoked statute — which was later dismissed — which prescribes a capital offense for the intentional killing of "two or more persons ... by one act or pursuant to one scheme or course of conduct." However, the defense argued Franco was intellectually disabled and that capital punishment should be barred in the case.
According to court documents, Franco's family and friends told the defense they believed she suffered from undiagnosed severe "mental issues," and that both her mother and maternal aunt faced similar issues. In addition to Franco's alleged on-scene suicide attempt, the document also reports a second possible suicide attempt on Jan., 6 2020, at the Cullman County Detention Center.
After being transferred to the Bryce Psychiatric Hospital in Tuscaloosa, Alabama, Franco was prescribed medication and released back to CCSO custody in 2021.
The Alabama Department of Mental Health said it would be unable to conduct a court ordered mental evaluation of Franco to assist in determining whether she would be eligible for the death penalty in an email sent November 2023, due to the fact that she spoke Spanish.
"We do not have a Spanish speaking Certified Forensic Examiner who could administer testing in an appropriate, ethical manner. For individuals who speak Spanish, the appropriate means to assess intellectual functioning is to use a standardized intelligence test that was designed for Spanish speakers," the email said.
Instead it recommended the Court consider the results from Dr. Diomaris Safi PsyD, enlisted by the defense to determine sentencing.
The state also enlisted Dr. Jacqueline Valdes as an expert witness to evaluate Franco. The results of both evaluations have been placed under a court order protective seal.
Cullman Circuit Court Judge Martha Williams sentenced Franco to two concurrent life sentences, meaning they will be served at the same time.
Franco also agreed to deportation, if granted parole, and to begin paying $10,584 in restitution, $20,000 to the Crime Victim's Compensation Assessment and $10,000 in court fines within 60 days of any release from incarceration.
Franco will remain detained at the Cullman County Detention Center until she is transferred to a state penitentiary in August.
