Ex-Cop Exonerated After 21 Years in Prison, Victim Admits She Lied

Ex-Cop Exonerated After 21 Years in Prison, Victim Admits She Lied

Photo: Former police officer Brian Franklin; source Daily Mail

A former Fort Worth (TX) police officer who spent 21 years in prison for raping a 13-year-old girl was found not guilty during a re-trial—after the victim admitted she fabricated the alleged incident.

Former officer Brian Franklin, now 57, was sentenced in life in prison in 1995 for allegedly raping the girl, according to a Fox4News report.

Franklin had been released in May, when a court ruling found that Franklin had been denied due process because the alleged victim lied under oath during 2014 hearing. It was during this hearing that the alleged victim admitted that she lied.

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Franklin was a friend of the victim’s step-father. And after reporting that Franklin raped her, the victim did not disclose that she had been sexually active prior to the alleged rape encounter with Franklin.

Moreover, the victim hid the fact that her step-father had been sexually assaulting her for years, according to a report from the Daily Mail. The alleged victim later testified that she was too scared to reveal her step-father’s sexual abuse.

Wrongful convictions unfortunately occur, however, what is perhaps most concerning about Franklin’s case, is that there was no DNA evidence linking Franklin to the alleged crime. Instead, prosecutors relied entirely upon the 13-year-old’s testimony.

Since his arrest, Franklin had always maintained his innocence, despite the odds against him: “I had the trifecta against me, I was an innocent man, I was a former police officer; and I was accused of raping a child.”

Regarding his acquittal, Franklin said, ‘I knew it was going to come…I wasn’t surprised.”

Franklin said he wants to prevent wrongful convictions from happening to others: “I’m not the first and I probably won’t be the last…When the system makes mistakes, they need to admit it.” Franklin is also working with his attorney to have the charge expunged and plans to file a declaration of innocence.

Court records do not indicate whether charges of perjury have been filed against the alleged victim, who is now in her 30s.

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30 Comments

  1. Mizak

    Just makes me think how many more Innocent Men are in jail because of lies of Rape? Of course I think if you really are guilty of Rape the harshest punishment you deserve but also a much harsher punishment to those that lie about Rape.

  2. Mike Hanson

    I hope the hell the sues the county that convicted him solely on the word of a 13 year old.

  3. Mathew Espinoza

    She should face the same penalty……

  4. Rich Bawol

    I’m not sure they can do anything to her at this point since she was underage when she lied. I hope he can collect a few million from the state for 21 yrs of hell.

  5. thebeeishorrid

    Where does this guy go to get his Honor back? His Life back? This guy better get a WHOLE LOT of money. I’d sue everybody and their sister!!

  6. ButtercupKelley

    FYI… she’s no longer “the victim.” She’s a perjury suspect, and she destroyed the man’s life.

    • Peter Erik Bensen

      She is both a victim of child abuse and a criminal. Child abuse literally ruins children’s lives, and this is one way. The jails are full of people who have been abused as children.

      BTW, I would also accuse the District Attorney’s office and the PD Internal Affairs department for dropping the ball. Their ambition, this being a major feather in their cap, often gets in the way of a through or fair investigation.

    • heartprivacy

      You don’t think a child being repeatedly raped by her stepfather hasn’t had her life destroyed too? She was a victim too. The prosecutors are the ones with the responsibility to ensure their prosecutions are fair, and they failed.

  7. Xaria

    I see alot of you calling for this woman to be prosecuted, and I get the reasoning behind it. I don’t agree however, now before you all start beating the shit out of me verbally please allow me to finish. When a child is the victim of repeated sexual assaults there is ALOT of damage done not only physically but psychologically, it takes many years not only to deal with that damage but to even start to heal from it. If blame must be place look at the prosecution they could have done DNA and prevented this injustice this woman was a Traumatized little girl crying out for help the only way she thought she could and they failed her and this officer, by not putting an end to her stepfather abuse when they had the chance. What they need to do is write him a giant check publicly clear him and his reputation and go after her stepfather for raping her. Oh wait that’s right the statute of limitations prevent this child molesting bastard from facing the justice he deserves. Don’t blame the victim when she was a child trying to get help the only way she can.

    • ButtercupKelley

      A lot of kids are molested, but they don’t go around picking a random stranger and fabricating a rape story. She only admitted it two years ago, well into adulthood.

      • Xaria

        You obviously didn’t read the whole article because he was not a complete strangers he was n fact a friend of her stepfather. And while yes she is responsible today as an adult she was at the time of her testimony a 13byear old little girl who was terrified

      • Peter Erik Bensen

        The jails are full of people who were abused as children. This is part of the way it ruin their lives. That child fabricated her story in order to protect herself in some way. The perjury charge becomes most valid when the child turns 18 or 21, and supposedly is more responsible for his/her actions.

        • heartprivacy

          But she didn’t commit perjury as an adult – she did it as a child, and an abused child at that.

        • Xaria

          There is a difference between the mind of a 21 year old victim and a 13 year old victim. Yes she lied, but as a child who was living with her abuser still and was probably terrified of the repercussions of what could happen to her if she did not lie, and probably under her abusers direction told those lies, not realizing 1) the impact because she was a child 2) that the truth would have freed her and put her abuser behind bars. Because in the mind of a child that person who is abusing them holds all the power and they can not escape it. Does it really stand to reason that even into her adult life she would carry the fear that he would hurt her or her family or others that she cares about in some way? Because I can assure you that threats are often used to keep children quiet about their abuser. I can imagine that she is guilt ridden on top of the many other psychological problems she has because she has been dealing with her abuse and trying to recover. This kind of trauma manifests in many ways but children who are vulnerable and who are abused in this manor have no control, they can not speak out most times out of fear and if they do and they are living with their abuser they fear what that abuser will do to them because an abuser can take a child and make them believe that no one will believe them anyways or that it is their fault and that if they tell they will “kill mommy” or the victim themselves. She should not be prosecuted for what she did as a child

    • Mathew Espinoza

      She hasn’t been a kid for the last 16 of these 21 years……

    • Chuck L.

      The issue for me is not so much that she lied as a 13yr. old, but she could have come clean many years ago and saved this poor man his suffering. So this “I’m scared for 21 years” act us preposterous.

      • Xaria

        I understand that, but as a victim of sexual abuse and I am speaking from experience it is not black and white and coming clean even after 21 years deals with ALOT of trauma that added to guilt because an innocent man is in prison you have to understand that while yes she should have come forward the world she is living in would not permit it until she found the straight to admit the truth not only to herself but to the world she is very fragile even now and she will live with all of this for the rest of her life. How do I know because I do, not to the extent that I convicted the wrong man but that what was done is a part of life I deal with daily

  8. john

    she needs to go to jail and he needs to sue for 21 years of his life being destroyed 1 million a year is a good start

  9. Kathleen McAuley

    If she is in her 30’s..she should definitely be brought up on charges. Ok at 13 or even at 16 maybe she could not say anything but by the time she was an adult 18+ she new she lied and should have come forward…You new all these years this man was in prison….you could have gotten him out 10-15 yrs sooner. What a POS she is!

  10. Charles Redden

    he needs to be rei-instated and retired with full benefits and full pay for 21 years

    • QueensKnight

      I agree but it really doesn’t say if he was on the force at the time.

      • Peter Erik Bensen

        They usually fire you, often immediately if it’s a serious indictment. If not fired before trial, they fire you before sentencing.

        • QueensKnight

          Here they carry you on the pay roll until convicted.

  11. Diane Kruse

    She should now serve 21 years in prison for what she did

  12. ahaz

    I’m glad this man was able to find justice. He part of a system where too many innocent victims are convicted wrongly based upon false, fabricated and withheld testimony and evidence. Knowing this regularly happens, why do we even still have the death penalty? Why do we not have periodic reviews of cases to ensure incident like this are discovered? Why do prosecutors still fight against the introduction of new evidence, particularly DNA evidence in old cases. Shouldn’t the goal be justice instead of the number of convictions?

    • spike

      There can never be justice for this man – 21 of his best life years were stolen from him and he was labeled a child molester! Thank you, Lord, he is finally freed, there should be recompense, but there can never be anything called justice for what he lost.

      • Rich Bawol

        He’s lucky to still be alive. I watch a lot of those prison shows on A&E or one of those channels and he had two strikes against him right off the bat. First was being a Cop and 2nd an alleged child molester. Very lucky man who now deserves millions.

    • Robert Travis

      We have an adversarial court system. It is all about winning or losing for th attorneys. The more they win, the more they can charge to defend or the more they are worth when they leave the prosecutor’s office and go into private pracitce. Our system is not about the pursuit of the truth or justice, solely winning.

      • ahaz

        Unfortunately, you are correct. I’m all for getting the bad guy convicted provided all the boxes are checked, but sometimes it seems the victory is more important than the truth. This man shouldn’t have been imprisoned and will never be made whole. And depending upon the state, may never see a dime in compensation for this mistake.

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