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Charges blocked by insanity rulingBy TIM GRANT
© St. Petersburg Times, CARROLLWOOD -- Neighbors in Carrollwood Village have accused Xochitl Frank for years of harassing them and vandalizing their property. They say she stole their Christmas decorations, egged their homes, keyed their cars and even set trees in the neighborhood on fire. No one could make sense of it, but many suspected she needed professional help. Now a team of medical doctors has determined that Mrs. Frank, 37, was legally insane at the time she is accused of committing felony and misdemeanor crimes in and outside Top of the Village. Circuit Judge William Fuente ruled on Sept. 25 that by reason of insanity, Mrs. Frank is not guilty of committing felony crimes of robbery, burglary and battery on sheriff's deputies while resisting arrest in June 2000. Mrs. Frank, a mother of four, also faced misdemeanor charges that include stalking, criminal mischief, trespassing, battery and culpable negligence stemmimg from an incident in February in which she was accused of throwing a rock through a neighbor's window. She will not stand trial for those offenses, either. The decision has outraged at least one former neighbor who, along with his wife, moved out of the subdivision because of Mrs. Frank. "I was hoping she would get some jail time," said Dennis Harshman. "I don't think she's insane. I think she's violent. She's plenty aware of her actions. She does things out of meanness." Neither Mrs. Frank, nor her husband, Carrollwood physician Dr. Pier Frank could be reached for comment. Although Mrs. Frank was found not guilty, the court still will maintain jurisdiction over her while she receives treatment, said Ada Carmona, felony division chief at the State Attorney's Office. A hearing is set for Tuesday to determine where Frank will undergo mental health treatment and for what length of time. Carmona said medical doctors for the prosecution, the defense and those appointed by the court to evaluate Mrs. Frank were unanimous in their insanity determination. Court motions filed by her attorneys indicate Mrs. Frank suffers from a bi-polar disorder. She is still required to wear a monitoring device and can leave her house only to follow her husband, Dr. Frank, to and from work. Dr. Frank told the court his wife helps him evaluate and treat patients at his medical practice at 701 W Fletcher Ave. In one of the felony cases for which Mrs. Frank will not be tried, she was accused of burglarizing Doctor's Health Care Group at 4601 Armenia Ave., where her husband had practiced before splitting with his former partners. Police records in her court file show she was found on the property about 4:45 a.m. on June 29, 2000. According to the reports, she resisted arrest and officers were forced to use nightsticks to subdue her. Nine days earlier, Mrs. Frank was accused of trying to leave Albertson's grocery store at 8411 N Dale Mabry Highway with $369 worth of cosmetics in her purse. She also was charged with punching an employee in the face when he confronted Mrs. Frank outside the store. - To reach Tim Grant call 226-3471, or e-mail him at grant@sptimes.com.
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