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Ex-Fort Worth officer Brian Franklin who served 21 years in prison rape of 13-year-old girl exonerated in re-trial

December 18, 2016  |  Posted by: Francesca Falzarano
Ex-Fort Worth officer Brian Franklin who served 21 years in prison rape of 13-year-old girl exonerated in re-trial

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Former Fort Worth Police officer Brian Franklin who served 21 years of a life sentence behind bars for raping a 13-year-old girl, was acquitted on Friday by a jury.

Brian Franklin, who was released in May after his accuser confessed that she lied about the incident, was sentenced to life behind bars back in 1995 after he was found guilty of raping the girl the year prior.

“I knew it was going to come,” Franklin stated to KDFW-TV in an interview on Friday. “I wasn’t surprised.”

He was freed on $10,000 bail by the Texas Court of Criminal Appeals after it determined that Franklin did not receive a just trial, but Tarrant County prosecutors retried the 56-year-old for attacking the girl in her father’s yard in 1994.

Brian Franklin (seen left after the not guilty verdict on Friday) was convicted for raping a 13-year-old girl in 1995 and sentenced to life in prison. His 1995 mug shot is seen on the right

Franklin’s guilt was questioned after his accuser testified two years ago that she made up part of her testimony, but the woman, who is now in her 30s, is standing by her complaint that Franklin raped her.

The court also noted that the falsified testimony also led others to provide misleading testimony at the trial.

The teen accuser testified in 1995 that she had never had sex before she accused Franklin of the rape.

However, she later told police that her stepfather Brian Franklin had sexually assaulted her for many years, including during the rape trial, and that she was too frightened to confess that with her stepfather present.

Prosecutors had contended that because she had never had sex, the wounds she sustained to her genitals could only have been caused by the suspect.

Because there was no DNA evidence linking Franklin to the girl, it was in the power of her testimony that the officer was found guilty, The Dallas Morning News reported.

The victim’s stepfather pleaded guilty to injury to a child and received ten years of probation. He has since passed away, according to the Fort Worth Star-Telegram.

Franklin was found guilty of aggravated sexual assault and was sentenced to life in prison.

Prosecutors had no DNA evidence tying Franklin to the crime, so they relied solely on the girl’s testimony

He was set to become eligible for parole in 2025.

On Thursday, Sam Jordan, a spokeswoman for the Tarrant County district attorney’s office, said that the matter against Franklin would be sent to a grand jury to ascertain whether he should be indicted.

“We feel that the evidence still substantiates the claim against him,” Jordan stated.

Franklin completed the police academy in the early 1980s and was a Fort Worth police officer when he was implicated in the attack.

He was friends with the girl’s dad and was found guilty almost entirely based on her testimony.

Franklin’s lawyer — Houston attorney Dick DeGuerin, who has represented high-profile figures including Robert Durst and Tom DeLay — said that his client intends to sue the state for damages.

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