Overdose leads to murder charge; Rochester woman linked to Austin drug death in June

Published 8:39 am Friday, November 3, 2017

A Rochester woman authorities have linked to an overdose-related death in Austin earlier this year made her first appearance on Thursday in Mower County District Court.

Desiree Marie Franken, 39, was charged with third-degree murder-drugs and third-degree drug sales, both felonies.

According to the court complaint, an Austin police officer responded to a call at 4:12 p.m. on June 7 about an unresponsive female in the 800 block of Eighth Avenue Southeast. The officer found the victim in her bed. Gold Cross and a medical examiner also responded to the scene and pronounced the woman dead.

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A narcotics officer found used syringes on the floor and in a drawer next to the bed. He also found a pill bottle with two bags of methamphetamine and a bag of heroin as well as a tin cup with a cotton ball inside, which is consistent with injecting heroin or other drugs.

The report stated the victim’s mother told police her daughter was an opiate abuser and that Franken had visited her during the late night hours of June 6 and did not leave until 6 a.m. the next morning. An autopsy revealed the victim died of “heroin, fentanyl and methamphetamine toxicity.”

A review of the victim’s cell phone showed text messages exchanged between her and Franken from June 4-6, according to the report. In them, the victim agreed to purchase three grams of heroin from Franken.

A message from Franken, sent at 11:36 p.m. on June 6, said she was coming to the victim’s house.

Police executed a search warrant on June 8 of Franken’s Rochester residence, during which Franken allegedly admitted she sold the victim heroin on the night of June 6.

In Minnesota, felony third-degree murder-drugs carries a maximum sentence of 25 years in prison and/or a $40,000 fine. Felony third-degree drug sales carry a maximum sentence of 20 years and/or a $250,000 fine.

Franken will appear in court again on Nov. 16.