by Premier Online Legal Website
FORT WORTH - A former Fort Worth police officer who served 21 years for the rape of a child took a step toward freedom Thursday morning. And, he hopes, a step toward clearing his name. Brian Franklin's shoes waited so long for this walk, one sole fell off as he emerged from a Tarrant County probation office out into bright sunshine. He raised his hands and shouted, "Freedom!"
Franklin didn't care about his feet. He finally had his family. His 82-year-old mother clung to his arm. "She's not letting go," said Brian's brother, Paul Franklin.
A former Fort Worth police officer convicted of raping a 13-year-old girl has been freed after serving 21 years of a life sentence, but prosecutors plan to retry him. Brian Franklin, 56, posted $10,000 bail Thursday, The Associated Press reported.
"We are headed to a new trial," Tarrant County prosecutor Bill Vassar told the Fort Worth Star-Telegram. "If the defense would like to plead, we will consider that." The Texas Court of Criminal Appeals ruled last month that Franklin's conviction should be thrown out because his accuser later admitted that she lied during his 1995 trial.
AUSTIN, Texas (AP) - Texas' highest criminal court has ordered a new trial for a former Fort Worth police officer convicted of rape after his alleged victim admitted that she lied during his trial. The Texas Court of Criminal Appeals ruled Wednesday that Brian Franklin did not receive a fair trial in 1995 when he was convicted of raping a 13-year-old girl and given a life sentence.
Now in her 30s, the alleged victim testified two years ago that she lied in part of her testimony, but she stood by her accusation that Franklin raped her in her father's backyard. The court ordered Franklin be placed in local custody while authorities decide whether to prosecute him again. A spokeswoman for the Tarrant County district attorney declined to comment.