[QUOTE]LONG BEACH, Calif. – The kidnap-rape conviction of a once-promising prep football star was dismissed Thursday following a recantation by his accuser.
Brian Banks collapsed in sobs on the counsel table during a court hearing where a prosecutor quickly conceded the decade-old case and moved for the dismissal.
In the summer of 2002, Banks' future looked bright: He was a 17-year-old high school football star being heavily recruited by a number of colleges. But in a single day that changed with the accusations of kidnapping and rape by a female student.
He maintained there was no rape and their sexual contact was consensual, but his lawyer urged him to plead no contest rather than risk a sentence of 41 years to life in prison if convicted. He followed the advice and went to prison for six years, shattering his dreams of gridiron glory.
Lawyers for the California Innocence Project were prepared Thursday to argue he should be exonerated.
In a strange turn of events, the woman who accused him a decade ago friended him on Facebook when he got out of prison. Wanetta Gibson explained she wanted to "let bygones be bygones."
According to documents in the case, she met with Banks and said she had lied; there had been was no kidnap and no rape and she offered to help him clear his record.
But she subsequently refused to repeat the story to prosecutors because she feared she would have to return a $1.5 million payment from a civil suit brought by her mother against Long Beach schools.
She was quoted as telling Banks: "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."
Justin Brooks, a lawyer who heads the innocence project, said that Banks has remained on probation, under electronic monitoring, has had to register as a sex offender and has had trouble getting a job.
He said Banks continues to train for what he hopes will be a future chance at a football career.
[QUOTE=cr726;4476983]Just another statistic, right Fish? ;)[/QUOTE]
No. An opportunistic daughter and motehr and a poor lawyer.
The guy should have his record expunged and sue the mother and daughter for more tha $1.5. His lawyer should get sued also for a poor performance.
[QUOTE=palmetto defender;4477185]No. An opportunistic daughter and motehr and a poor lawyer.
The guy should have his record expunged and sue the mother and daughter for more tha $1.5. His lawyer should get sued also for a poor performance.[/QUOTE]
Put the mother and daughter away for an equal 6 years for purgury and defamation and make them pay back the $1.5 mil to the school and another $1.5 mil to the man (or 25% of their wages until it equals 3 mil, yeah right)
So this POS is more worried about the money than the man she ruined?!?
Kind of OT but can he play OLB in a 3-4 or RT? Just asking.
[QUOTE=cr726;4477260]Yea, kids going to USC on a football scholarship are all on the straight and narrow. :rolleyes:[/QUOTE]
No, but he seems not to have prior problems of significance.
What? You going against a brother? Of course, since the girl is black it's sort of a can't lose position on your part, huh? How predictable. if the girl was white - WHOA.
[QUOTE=Warfish;4477315]Unless there is evidence I'm not seeing here, this is not a race issue or a "fits a profile" issue. This is not the Martin Case.
This is, IMO, a gender issue and a "reliabillity of witnesses" issue.
Gender, because the burden on a man to prove that a sexual relation event was consentual seems to be, in some cases, quite difficult if the female is not honest.
Reliabillity of witnesses, because clearly, witness reliabillity is pretty questionable, as Doggin has pointed out elsewhere.
Any innocent being harmed is a bad thing. No, not bad enough to take down the entire system and start over....but worth consideration.[/QUOTE]
As a man I think there should have to be some evidence of rape beyond the woman saying so.
As a father of 2 girls though ...
I think this is an extremely difficult thing to prove or disprove. Maybe men should record women signing a document stating that they want sex before engaging in the act. :rolleyes: You thought condoms were unromantic and can kill the mood?
I feel really bad for this kid and the woman deserves anything the courts decide at this point. She destroyed a kids life for some money.