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READ! Football star convicted of rape, exonerated years later

  • A rising football star in southern California whose career was brought to a sudden halt by a kidnap-rape conviction that landed him in prison was exonerated today after his accuser contacted him on Facebook recanted her story.
    "I'm just thankful to be free now and have the opportunity like anybody else to thrive in life," Brian Banks told ABC News Radio today. "I'm completely overwhelmed with so many emotions and feelings all at once."

    In a hearing today, Banks shook from sobbing when prosecutors said they did not object to his conviction being reversed. His mother and girlfriend who were in court shrieked with happiness.

    Banks, now 26, was 17 in 2002 and "by all accounts, a rising football star," according to court documents. Many believed the 6-foot-4, 225 pound athlete was bound for the NFL. The University of Southern California, a Division 1 school, had offered him a full-ride scholarship and a slew of other schools—including Michigan State University and University of Kansas—were pursuing the middle linebacker.

    "Tragically, Banks would never realize his dream of going to college and playing college football," his attorneys wrote in court documents. "A high-school acquaintance—Wanetta Gibson—shattered that dream one fateful day after she accused Banks of rape and kidnapping following a consensual sexual encounter."

    When Gibson accused Banks of rape following an encounter at Long Beach Polytechnic High School, his attorneys encouraged him to plead no contest instead of going to trial before a jury and risking 41 years in prison.

    His attorneys said he "chose the lesser of two evils" when he pleaded no contest. Banks was sentenced to six years, which he served and is now on parole and registered as a sex offender.

    On Feb. 28, 2011, Banks' story took a dramatic turn. Gibson, his accuser, requested his friendship on Facebook. He did not accept it, but asked her if she would meet with him and a private investigator. She agreed.

    "Gibson met with Banks and a private investigator and recanted her preliminary hearing testimony that Banks raped her," his attorneys wrote. She said that the two had been "making out pretty heavy," but that they did not have intercourse or "anything like that."

    "Gibson said that they were just playing around, being curious about sexuality, and that the adults got involved and blew it all out of proportion," according to legal documents. "She said the adults 'put stuff in [her] head.'"

    The problem was that Gibson did not want to tell prosecutors the truth because she feared she would lose the $1.5 million she and her family won in a civil suit against Long Beach schools after the incident.

    The California Innocence Project, a law school clinical program at California Western School of Law dedicated to releasing wrongfully convicted inmates, took on Banks' case and won his exoneration.

    The Long Beach School District did not immediately respond to questions from ABCNews.com about whether they would seek the return of the money from the civil suit.

    Now, Banks is more than happy to get back to his life with a clean slate and has not given up his NFL dreams.

    "I've been training since October of last year in hopes of giving football another shot," Banks said. "I'm hoping to possibly receive a try out from a team."

    He is also working on a documentary about his life, according to his website. He said his family is "ear to ear with smiles."

    "Everybody's just yelling and hugs and kisses," he said. "Everyone's just happy. So we all have on these 'innocent' shirts and 'exonerate' shirts."

    When asked if he harbors any bitterness or anger about what happened, he said, "I've been asked that question a couple of times and my answer's always been no. You know I can hold on to that, that bitterness and that anger. It won't get me anywhere."

    Stuck in Mexas ●

  • Wow!

    JetDoc ●

  • Here is a more on this on this, the part that pisses me off the most is at the bottom of the article.

    http://www.facebook.com/FightOnForBrianBanks

    Also there is a link (above) to help get some much needed love to this kid.

    ABC News reports
    "She told me I was a big black teenager and no jury would believe anything I said," said Banks.

    Gibson collected $1.5 million after suing the school over lack of safety on campus. Banks spent five years in prison and five years on parole, finally reaching out to California Project Innocence.

    But the case turned when the alleged victim contacted him through Facebook asking to be his friend.

    "Why would you friend request me?" Banks asked Gibson over Facebook. "The reply was, 'I figured you and I could let bygones be bygones. I was immature then, btu I'm much more mature now.'"

    Then came a face-to-face meeting. Gibson admitted that she lied and was willing to help Banks clear his name, according to court records. But there was just one problem -- would she have to pay back the $1.5 million? It was a fear that made Gibson weary of telling her story to prosecutors.

    But according to defense attorneys, Gibson admitted she was worried about having to pay back the money during a second meeting with Banks that was secretly recorded. Defense attorneys quoted Gibson as saying, "'I will go through with helping you but it's like at the same time all that money they gave us, I mean gave me, I don't want to have to pay it back.'"

    Her admission was everything Banks had been waiting for.

    "We got it!" said Banks when asked what thoughts ran through his mind.

    Gibson did not attend the hearing on Thursday. It remained unclear if she would have to pay back the money. Nonetheless, Gibson's admission paved the way for Banks' exoneration.

    Watch the verdict unfold its heart warming and painful at the same time.

    http://www.youtube.com/watch?v=U4nJVJfpQL8&feature=player_embedded

    There may be foul lanaguage in this article, DONT READ IT If you are offended by foul language which is all you have when you are found innocent of a crime 10 years later.

    signature image

    Win today, or you'll be a loser tomorrow!

    decasooner

  • That b*tch deserves time in jail for stealing Bank's youth and football opportunities. Absolutely terrible and I sure hope there are repercussions for her abhorrent actions.

    kwest2 ●

  • Yes She does!!!! Men are guilty until proven innocent in all of these cases. It's very scarry being a man!

    OU MAJOR ●

  • This is why you have appeals and why everyone needs competent counsel. No matter how bad the crime.

    Our system was set up so that the innocent are not put into jail. The goal is to focus on the facts and not emotion, race, color, religion or creed.

    Unfortunately, this is an example where the system failed. Even worse are those who were put to death for crimes not committed.

    SoonerJuris

  • According to Project Innocence, to date there have been nearly 300 wrongful convictions overturned by DNA evidence. Most of these involved eyewitness misidentifications. Imagine how many innocent people have been put to death before they could be exonerated. Shameful.

    This is not an anti-death penalty rant. Some scum do not deserve to draw another breath. But let's make damn sure before we wrongfully incarcerate, or worse, execute the innocent.

    "Burnt orange makes me puke!" - Mother Teresa (unverified)

    VladTheEmailer

  • It is very telling that it appears that money may have been driving this all along. And it still seems to be a primary concern. She sold her integrity and his future, to put an man in jail for something she knows he did not do, for 1.5 Million.

    I don't even know where to start with that.

    jimnrh

  • jimnrh said...

    It is very telling that it appears that money may have been driving this all along. And it still seems to be a primary concern. She sold her integrity and his future, to put an man in jail for something she knows he did not do, for 1.5 Million.

    I don't even know where to start with that.

    This is one of the many reasons why this story is so startling. You stated it very well: she sold her integrity and his future for $1.5 million. What gave her this idea? What was her parents' involvement in the scheme, if any? Very, very troubling.

    This post was edited by Stuck in Mexas on 5/25/2012 at 12:45 PM

    Stuck in Mexas ●

  • Can OU consider offering him a scholarship? Mature and extremely motivated!

    What a shame for his 10 years, but i hope his kills are still up there and he finds the success that he deserves...

    This post was edited by Boz Vader on 5/25/2012 at 4:13 PM

    Boz Vader

  • The girl needs to go to jail for as long as he did, only fair. Oh and give back the money. I'm betting her family has spent all of it already.

    CypressSooner

  • SoonerJuris said...

    This is why you have appeals and why everyone needs competent counsel. No matter how bad the crime.

    Our system was set up so that the innocent are not put into jail. The goal is to focus on the facts and not emotion, race, color, religion or creed.

    Unfortunately, this is an example where the system failed. Even worse are those who were put to death for crimes not committed.

    this is true..but unfortunately competent counsel is usually only afforded to those who can afford it...the color of money...and the focus of the individuals status or perceived importance to society usually clouds the goals you so truthfully stated...

    This post was edited by wilsonIII on 5/26/2012 at 9:19 AM

    wilsonIII

  • CypressSooner said...

    The girl needs to go to jail for as long as he did, only fair. Oh and give back the money. I'm betting her family has spent all of it already.

    The problem with punishing anyone (justly) for recanting a false charge is that no one would ever recant such a charge again. It's catch-22.

    The outside-the-box insurance against such a charge is to claim to be gay and have a friend who'll step forward and verify your story. Of course, that entails celibacy throughout high school. It's just not a plan.

    Maybe her life will punish her enough. What kind of person is she likely to end up living with? Look at how she and her family have made their way in life so far! What do they do for Act 2? get on buses that've just had accidents to pretend to be victims? pretend to be Joplin residents whose homes have blown away? It may be a boom industry for all I know. Nor can it help legitimate rape victims make their cases in court with jury pools poisoned by such stories.

    All in all a terrible story epitomizing whatever-it-is that's wrong with us these days.

    cullison ●

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