DALLAS – A former Fort Worth police officer who served 21 years of a life sentence for raping a 13-year-old girl was freed Thursday after his accuser admitted that she lied when she didn't acknowledge a previous sex assault.
Brian Franklin was released on $10,000 bail, but Tarrant County prosecutors said they plan to retry the 56-year-old man for assaulting the girl in her father's backyard in 1994.
The Texas Court of Criminal Appeals ruled last month that Franklin did not receive a fair trial in 1995. His accuser testified two years ago that she lied in part of her testimony, but the woman, now in her 30s, is standing by her accusation that Franklin raped her.
The court said the perjured testimony also led others to give false testimony at the trial.
The teenage accuser testified in 1995 that she had never had sex before accusing Franklin of raping her. But she later told authorities that her stepfather had sexually assaulted her for years, including during Franklin's trial, and that she had been too scared to admit that with her stepfather ever present.