McNaughton claims that the doctor's knee first brushed up against hers under the table, and he kept it there for a while before moving it up past her knee near her private parts:
"He was scooted way down in the seat, and he put his knee up between me closer and closer and closer. He asked me if it was okay. I kind of nodded yes. I squeezed his knee at one point. I'm thinking, 'Here's this doctor with all this money, and he likes me!' I had just gotten my haircut, and I was looking pretty fly. We hit it off."
Jamie Peachey
Female inmate Kelley McNaughton accused Dr. Joseph Franzetti of making inappropriate advances in an alleged incident on August 25.
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McNaughton says Franzetti gave her tips on how to show the second Rule 11 evaluator, Dr. Bruce Kushner, that she was legally competent:
"He told that the next doc was an old idiot, but to make sure that I explained to him what rights I do have because if I'm held 'incompetent' then I'd be stuck in the jail forever with no credit for time as they made me 'competent.'"
McNaughton says, as the unusual meeting passed about two hours, she asked Franzetti whether he would write to her in jail.
"He said that might be unethical," she recalls. "I said, 'And what we did under the table wasn't unethical?' He said, 'I guess so.'"
When the doctor stood up to leave and walked to the door, she says, "he was like a high-schooler. He just stood there and stared at me, kind of shuffled around a little."
A guard returned McNaughton to her pod, where she says another inmate told her, "You are glowing, sister. Where you been? Someone give you a nut out there during visitation?"
But the glow apparently soon wore off.
McNaughton says she had "kind of a panic attack" as she took a shower shortly after her encounter with Franzetti.
"I broke down," she says. "It was, 'What did I just do?'"
McNaughton soon gabbed about it with fellow inmates and says two women "told me to extort his ass." But her cellmate advised her to contact her attorney, which she did.
McNaughton says she is torn about what to think about the episode.
"What if he really did like me, and here I am ratting him out?" she asks.
Several days after the New Times interview, defense attorney Nguyen obtained a copy of a videotape made by jail officials during Franzetti's August 25 visit.
The tape shows a panoramic view of the visitation room, from minutes before Kelley McNaughton's arrival until after Dr. Franzetti leaves.
Though the tape does not provide absolute proof that the doctor played "kneesie" beneath the interview table, it does confirm key aspects of McNaughton's account.
Franzetti walks into the room at 1:52 p.m., wearing khakis and a black shirt not tucked in. At 2:04, another female inmate sits down across from him for her Rule 11 exam. He's completes it 16 minutes later at 2:20.
McNaughton comes in at 2:38 and takes her seat.
Franzetti seems to be writing in a notebook on and off for about 20 minutes. But at 3 p.m., he shuts his notebook and doesn't appear to write another word until he leaves two hours later.
About 3:15, McNaughton seems to be nervously looking around the room. She and the doctor seem to be fully engaged in banter.
If you didn't know she was a handcuffed prisoner and he was a forensic shrink on the job, it might appear that they were at a tavern.
At 3:37 p.m., McNaughton squirms her whole body to the left and moves back to face the doctor, who is doing most of the talking.
About 4, Franzetti, who is about 6-foot-4, seems to slouch way down in his seat.
The two continue to appear to be enjoying each other's company.
The on-duty corrections officer remains about 50 feet away, his view blocked by a concrete girder unless he occasionally moves around the room (though he properly continues to give some space to the psychiatrist and his subject.)
Just before 5 p.m., Franzetti finally gathers his papers. He stands up and walks a few feet to the door. He pushes the buzzer that alerts someone to unlock it and allow him to leave.
But the door doesn't open for more than a minute. Franzetti turns around and, as McNaughton recounted in her interview with New Times, he stands there and stares at her wordlessly for several seconds.
McNaughton stares back.
Last week, Drs. Franzetti and Kushner ("the old idiot") filed their Rule 11 reports on Kelley McNaughton with Superior Court.
Kushner's was several pages long and thoroughly documented.
Franzetti's was typically meager, a few pages with little in the way of facts or substantiation.
Both reports concluded that McNaughton is competent to stand trial.
The taxpayer cost for each report: $300.
Joseph Franzetti said nothing in his report about any flirtatious or otherwise inappropriate behavior by McNaughton.
