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Watching The Cops
See other Watching The Cops Articles

Title: Fighting for the falsely accused
Source: michellemalkin.com/
URL Source: http://michellemalkin.com/
Published: Feb 21, 2017
Author: Michelle Malkin
Post Date: 2017-02-24 02:10:13 by Gatlin
Keywords: None
Views: 1111
Comments: 12

Former Fort Worth, Texas, police officer Brian Franklin is finally free. But he is still fighting to clear his name.

“I’ve been vindicated,” he told me in an interview last week, “but not yet exonerated.” Franklin served 21 years in prison — a harrowing 7,700 days — of a life sentence after he was convicted of sexually assaulting a 13-year-old girl in 1995. But he steadfastly maintained his innocence, studied law in the prison library and won a reversal of his conviction last spring. In December, a jury acquitted him after a second criminal trial.

“It’s been a roller coaster ride up and down,” Franklin reflected. Hellish doesn’t begin to describe the journey. His accuser had lied that she was a virgin before Franklin allegedly raped her. Prosecutors produced physical exam results of damage to her genitals as proof of his crime. In fact, she had been the victim of molestation by her stepfather for years. Moreover, the young accuser’s story of when she was allegedly raped changed to fit a timeline developed by prosecutors. That timeline was debunked when Franklin’s employment time records and time-stamped and dated store receipts showed he was nowhere near the alleged rape location — the backyard of her biological father, who was a friend of Franklin’s.

There were no witnesses. There was no DNA. Yet, the cop with “law enforcement in my blood” lost his job, reputation and freedom.

“It’s the easiest crime to be falsely accused of,” Franklin told me. Prosecutors “used my position as a police officer against me.” His family and church stood by him. But as soon as he was arrested, he had already been branded a “RAPIST” in the court of public opinion. His original jury “prejudged me,” Franklin recalled. Given the reckless witch hunts in cases like his and the Duke Lacrosse case, he observed, “I’m surprised anybody gets acquitted these days.” After Franklin’s conviction, lead prosecutor Rose Salinas learned that his accuser had signed an affidavit detailing the daily sexual abuse by her stepfather from the ages of 6-16. Those claims, Salinas concluded, “render irrelevant any medical evidence introduced at Brian Franklin’s trial to show guilt,” “clearly show she that she testified falsely” and “cast serious doubts on the integrity of his conviction.” Had she known of the accuser’s withheld evidence, Salinas acknowledged, she “would have immediately dismissed the charges” against Franklin.

But he was still years away from winning his release as his various writs and petitions worked through the laborious criminal justice system. “There were times when a court would rule against me and I felt hit it in the stomach and down in the dumps,” Franklin recounted over the phone from Kerrville, Texas, where he now lives with his mother. He leaned on his faith and family to get through the darkest times.

“I did not become hardened and I did not become institutionalized. I would not let myself become one of them.” Though he and his resilient family celebrated what they call a “Merry Acquitmas” in December, Franklin must still win a declaration of actual innocence from the state of Texas before he can be eligible for financial reparations for the falsely accused. He took a job at a grocery story and is trying to raise money on GoFundMe for his legal bills.

Someday, Franklin told me, he would like to work full-time again in law enforcement and help others who have been wrongfully charged, convicted and imprisoned. He has already weighed in to support former Oklahoma City police officer Daniel Holtzclaw, who was railroaded by the social justice mob and accused of sexual assaults during the racially charged summer of Ferguson, Missouri, in 2014.

After reporting on the junk science, prosecutorial misconduct, police incompetence and due process violations run amok in his case over the past year, I’ve heard from several DNA experts, private investigators and former LEOs across the country disturbed by the gross miscarriage of justice against Holtzclaw. He filed his appellate brief with the Oklahoma Court of Criminal Appeals on Feb. 1. (Donate here for Daniel’s defense.)

“I’ve studied this case from both sides and have come to the conclusion that he really is innocent,” Franklin wrote on Facebook. “I know about innocence. I was a cop wrongfully convicted of rape…For those of you who jump to conclusions when you don’t know what you’re talking about, shame on you. Learn the facts first.”

Brian Franklin is a beacon not only for law enforcement officers fighting the tyranny of “guilty until proven innocent,” but for every falsely accused citizen. His vow:

“I will not give up. I will persevere. I am right. I’m not gonna give up.”

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#1. To: Gatlin (#0)

After reporting on the junk science, prosecutorial misconduct, police incompetence and due process violations run amok in his case

We need the death penalty for suppression of evidence and for perjury and for police and prosecutorial misconduct in death penalty cases.

Obviously if you tamper with evidence or suppress it in order to kill a man through the justice system, you should yourself be executed for that crime.

That is, in fact, the standard that God set in the Bible: false testimony in a death case results in the death penalty. We should put that into our law.

Vicomte13  posted on  2017-02-24   8:06:12 ET  Reply   Trace   Private Reply  


#2. To: Vicomte13 (#1)

God set in the Bible: false testimony in a death case results in the death penalty. We should put that into our law.

Interesting. Can you show me where I can read that? Please.

Thanks.

A K A Stone  posted on  2017-02-24   8:10:29 ET  Reply   Trace   Private Reply  


#3. To: A K A Stone, Vicomte13 (#2)

"God set in the Bible: false testimony in a death case results in the death penalty. We should put that into our law."

"The judges shall investigate thoroughly, and if the witness is a false witness and he has accused his brother falsely, then you shall do to him just as he had intended to do to his brother. Thus you shall purge the evil from among you. The rest will hear and be afraid, and will never again do such an evil thing among you."
-- Deuteronomy 19:18-20

misterwhite  posted on  2017-02-24   9:39:20 ET  Reply   Trace   Private Reply  


#4. To: Gatlin (#0)

"Those claims", Salinas concluded, ... "clearly show she that she testified falsely”

True. She lied when she claimed she was a virgin. But she stuck by her claim that she was raped by Brian Franklin in both the first and second trials.

Her stepfather sexually abused her from the ages of 6 to 16. He was convicted and sentenced to 10 years probation. Yet Brian Franklin was sentenced to 30 to life for one instance?

Why do I feel we're not getting the full story here?

misterwhite  posted on  2017-02-24   10:21:59 ET  Reply   Trace   Private Reply  


#5. To: misterwhite, Vicomte13, A K A Stone (#3) (Edited)

Didn't OT law require two witnesses to convict for a serious crime like murder?

It parallels the kind of thing we see in sharia law where 4 male witnesses are required to bring a rape charge (something that almost never happens in a court where the victim is always considered guilty). Women's testimony is worth half that of a man, wives cannot be raped, any woman accusing rape who fails to produce 4 male witnesses must be flogged, etc.

So finding and punishing a case of false witness under OT Jewish procedure would have usually involved multiple false witnesses, not just one. Anyway, that's my recollection of OT legal process. They had a lot of funny rules.

Tooconservative  posted on  2017-02-24   11:36:13 ET  Reply   Trace   Private Reply  


#6. To: Tooconservative (#5)

"Didn't OT law require two witnesses to convict for a serious crime like murder?"

For any crime.

"So finding and punishing a case of false witness under OT Jewish procedure would have usually involved multiple false witnesses, not just one."

Correct. Which made it more unlikely it would happen. But I don't know if OT law was referring to EYEwitnesses.

misterwhite  posted on  2017-02-24   12:27:58 ET  Reply   Trace   Private Reply  


#7. To: misterwhite (#6)

But I don't know if OT law was referring to EYEwitnesses.

The examples I recall were eyewitness testimony. There may be others.

I readily admit I have never taken as much interest in OT minutiae as others do.

Tooconservative  posted on  2017-02-24   13:45:20 ET  Reply   Trace   Private Reply  


#8. To: Tooconservative (#5)

So finding and punishing a case of false witness under OT Jewish procedure would have usually involved multiple false witnesses, not just one. Anyway, that's my recollection of OT legal process. They had a lot of funny rules.

The Sharia business about the worth of women is not present in the Old Testament law of trials.

What is present is that the witnesses have to perform the execution. So, if they succeeded in getting the conviction, they then had to become murderers, and take that blood of their victim on their own heads to the grave, and thence into fiery Gehenna and ultimately the Lake of Fire.

Vicomte13  posted on  2017-02-24   13:48:39 ET  Reply   Trace   Private Reply  


#9. To: Vicomte13 (#8)

So, if they succeeded in getting the conviction, they then had to become murderers,

You are saying God is a murderer.

Is that really what catholics teach?

A K A Stone  posted on  2017-02-24   13:55:30 ET  Reply   Trace   Private Reply  


#10. To: Vicomte13 (#8)

What is present is that the witnesses have to perform the execution. So, if they succeeded in getting the conviction, they then had to become murderers, and take that blood of their victim on their own heads to the grave, and thence into fiery Gehenna and ultimately the Lake of Fire.

And this ties to Jesus admonishing that "let he who is without sin cast the first stone" when queried about whether a woman caught in adultery should be stoned.

I still wonder what He wrote in the dust. I'm sure it had significance to those who saw it.

Tooconservative  posted on  2017-02-24   14:18:07 ET  Reply   Trace   Private Reply  


#11. To: A K A Stone (#9)

You are saying God is a murderer.

Is that really what catholics teach?

No, I am not saying that.

Follow God's logic - and it IS the logic that is written into the law.

(1) Murder - the wrongful killing of another - is not just punishable by death, but God identifies it, in Revelation, explicitly as one of the sins that will cause a man to fail final judgment and be thrown into the Lake of Fire.

(2) God prescribed a law of trial that required the testimony of two witnesses for a death penalty case.

(3) God prescribed the sentence of death for those who perjure themselves in a death penalty case - so, if the liar who is trying to get another executed fails to do so, he himself is executed.

(4) Lying is also on the list of sins that will cause a man to fail final judgment and be thrown into the Lake of Fire. So, the perjurer is executed if caught, and his final disposition is to burn.

But suppose he gets away with the lie? Sins can be repented after all. God goes further:

(5) The witnesses in a death penalty case must themselves carry out the execution. So, a man who testifies against the life of another man must actually execute the man against whom he testified, if the man is convicted.

IF the witness is in fact a LIAR, this MEANS that the perjurer doesn't simply lie, he must compound his sin - as executioner - by becoming a murderer - God's law forces the perjurer in a death penalty case to ALSO commit murder, because he KNOWS he is killing an innocent man (because he perjured himself).

He is now covered in deadly sin - his lie has now trotted him down the path of shedding blood and being a murder (because he knows he is executing an innocent man).

That's what I meant.

Vicomte13  posted on  2017-02-24   15:52:23 ET  Reply   Trace   Private Reply  


#12. To: Tooconservative (#10)

I still wonder what He wrote in the dust. I'm sure it had significance to those who saw it.

Maybe. Or maybe he was just doodling in the dust, biding his time, disgusted by the drift of the crowd.

Vicomte13  posted on  2017-02-24   15:53:20 ET  Reply   Trace   Private Reply  


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