Skip to comments.Falcons give Brian Banks a chance (spent 5 years in prison on false rape charge)
Posted on 04/04/2013 8:05:31 AM PDT by doug from upland
By now, Brian Banks is used to waiting.
He sat in prison for five years, punished for a crime he didnt commit. Freed last May after the victim admitted she had falsely accused him, the former USC recruit has been trying patiently but persistently to get a shot at the NFL.
Finally, hes getting one.
Jay Glazer of FOX, who has worked extensively with Banks to get him into NFL shape, reports that the Atlanta Falcons have signed Banks to a contract.
Banks, a linebacker, received tryouts last year from the Seahawks, Chargers, and Chiefs. Eventually, he joined the UFL and then the UFL promptly imploded.
The NFL wont be imploding any time soon. But the road for Banks remains steep.
Teams may have up to 90 players on the roster in the offseason. Hell now have to earn one of 53 regular-season spots or, failing that, one of eight jobs on the practice squad.
But at least he finally has a chance. We wish him well as he tries to make the most of it.
They should jail his accuser. 5 years MINIMUM.
Good for them and him. I hope he makes it and does well.
This "victim" should be put in jail herself...
I saw him on the news this morning. I hope he makes the team. Good luck to him.
I'm guessing that she copped a plea to come clean in return for immunity and anonymity. Otherwise, Banks would still be sitting in the slam. The cost of five prime earning years lost could easily exceed a Powerball jackpot.
In a few minutes, he will be on the Dan Patrick show on FOX Sports - in Los Angeles that is 570am
Is the girl in jail? She should get 2 days for each day he spent
That’s the problem. Because they don’t do that, it’s easy to make a false accusation. They don’t want to change that situation because it makes women look bad AND it makes you unable to buy your way out of a rape charge (which happens quite a lot).
Folks, he apparently plead, “No Contest” to the rape charge. That’s why he’s been in jail.
An innocent person would have fought a faked charge.
“An innocent person would have fought a faked charge”.
Not necessarily. Remember, he was a teen when this happened. I am sure the deal was presented to plead no contest and serve 5 RATHER than serving 25 years. The article doesn’t mention if he had a public defender.... I have the gut feeling that his parents couldn’t afford a high priced criminal attorney.
Brian Banks’ accuser didn’t want to repay settlement, video shows
Theres an awesome video here of how the private investigator getting her to confess.
Wrong. Here is more background.
H. Elizabeth Harris The Attorney Who Recommended Brian Banks Plea Deal is a Judge Now
by Robert Littal | Posted on Thursday, May 31st, 2012
Just imagine for a moment you are 17 years old.
You have been arrested and accused of raping someone. You know that you didnt do it and you have told your defense attorney this many times and she looks at you in the eye and says.
Youre a big black teenager and theyre automatically going to assume you are guilty and youll be facing 41 years to life. What do you want to do?
This is the offer good for now and not later. Its your decision and not your moms,
This is what Brian Banks said his then defense attorney H. Elizabeth Harris said to him. He wanted to discuss his options with his mother, but wasnt allowed to.
Can you blame a scared and frightened Banks for taking the plea deal?
Without hearing Ms. Harris side of the story it is hard to say what exactly was going on, but knowing what we know now about Wanetta Gibsons going to trial wouldnt have been such a bad thing. A good defense attorney would have destroyed her story on the stand.
While Banks sat in jail and Gibson and her mom was making it rain with their $1.5 million settlement, Harris continued on with her life.
In 2004 she got a promotion.
Veteran criminal defense lawyer H. Elizabeth Harris has been elected a Los Angeles Superior Court commissioner by the courts judges, a court spokesperson said Friday.
Harris, 61, was the top-ranked candidate among 35 nominated by a panel of judges, and was the only one named on a majority of the ballots in voting for two positions.
Harris is now one of the Commissioners of the court, you can verify it here.
It appears that everyone went on to have a great life except Banks, image that
He has a shot with the Falcons which is great. If that doesn’t work out maybe he should consider the CFL for a few years. Money isn’t what it is in the NFL but the quality of football is good, comparable to larger college football programs here in the US.
This is extremely naive. First, most people don't have the money to fight a criminal prosecution. Second, the acquittal rate of those that do fight is very low. Third, the sentences for those that do fight and lose are much, much higher than those that plead guilty. Put all of that together and there are a lot of people who are not guilty but make the determination that the best way to cut their losses is to plead guilty.
The bottom line is that, innocent or not, if you are indicted, you have big, big problems.
That’s what you think because that is what you would do. There are thousands who take a no contest plea after prosecutors pile charges on top of charges and tell you that you will get 20-30 years.
Your public defender is a putz, you have no money for a lawyer who will believe you and fight for you.
Then they offer you a plea bargain and you take it because you are scared and broke and you can’t gamble 30 years of your life with the public defender putz rolling the dice.
Most people know jack squat about how the system works. It is a meat grinder.
I remember hearing about the case how his lawyer was pressuring the young teen to plead no contest for his best interest or face more years in prison. If I recalled correctly, the lawyer was telling him that there was no way he could win the case
An innocent person would have fought a faked charge.
From what I read, his attorney advised him that he was going to get convicted based on the witness testimony and they made a deal with the DA for a shorter sentence.
I know that in a perfect world, we think that innocent people are always found not guilty, but that's not how it always works in reality.
Testimony from a rape victim can be extremely powerful, even if it's false. The defense attorney probably thought the five years was the best deal he had in front of him.
“It appears that everyone went on to have a great life except Banks...”
AND that is why I am happy for him. I hope he gets this chance! I can’t imagine being a 16 year old kid... signing on to a D1 college deal and having everything... college, your reputation and your freedom just taken away by some liar. I truly hope he can live out his dream....
The accuser contacted him via Facebook after he got out of prison. He arranged to meet her and recorded their conversation which is what led to his exoneration.
She sued the school district because the fake crime was on school grounds. She long ago blew through the 1.5 million dollar settlement, has never married and has two kids. The citizens of the area are very interested in getting their money back, but alas, it's gone. I don't know if anyone is looking to file charges against her.
He was 17 when his attorney tried to get him to make a plea deal. He refused because he hadn't done anything. She then told him he could take the five years in jail for a "no contest" please or face 40 to life. She told him he had to decide right then and couldn't even call his mother first.
His lawyer was scum who didn't want to go to trial and she won't discuss the case with anyone.
The one reason I don’t like plea deals is for cases like this (and many others I am sure). Both attorneys... the defense and prosecution essentially “win” a case. They prop up their win portfolio on the backs of the innocent. My oldest will be 17 pretty soon... I can’t imagine him facing “plead no contest and serve 5 or cling to your innocence and do 40”. A grown man would have difficulty with that type of decision much less a teenager.
I hope his then lawyer (now judge) is ruined on a professional basis. I read a short article that said there was interest in a book or movie deal. Good! Sometimes bad cases like this can bring some light on a dark subject IMHO.
His story is supposed to be released on film -
I saw this story on 20/20 (i think) She sends him a message on facebook wanting to reconnect after the 5 years in prison. He decides to go along and get her to admit things on tape. Then he gets her to another meeting. I was hoping they would ask what motivated her to do this. It was bizarre and not even asked by the accused. The reporter didn’t even ask him “why do you think she did this to you?” I was waiting for that question and answer but it never came. If this had happened to most people, the first thing they would ask after 5 years is “WHY did you do this to me?”
During the first meeting, when he asked her if she would be willing to recant and clear his name she said “I don’t know, WE, (she corrects herself) I mean I, would have to pay all this money back. It would take a long time.
And bj clinton committed all those rapes and didn’t spend a day in jail and he became president. America is so racist.
Go to your local library and check out “The Innocent Man” by John Grisham (non-fiction), read that tale of specious behavior by LE personel, review the Duke case and a few others then go ahead and post your comment a second time because your statement is so axiomatic.
Ever heard of Barry Sheck and the “Innocence Project”?????
Comments like yours give all of us Conservatives a bad name. (or are you a troll?)
I would guess that his lawyer, in addition to being the usual bloodsucking scumbag who wanted to enhance her resume with a win, is also a hard core feminazi who figured that Banks was still guilty of something on account of being a male.
Girls never lie about rape allegations, you know.
I also can't help but wonder if she got a piece of the 1.5 million $$$ settlement. It seems like that's an awfully large amount of money for one individual to blow through in roughly seven years. My tastes are so frugal that I'd have an awfully hard time spending $200K or so per year even if I tried.
If you get a check with seven figures all kinds of relatives, friends and other needy and worthy individuals will show up to help you with it.
Not piling on you with the others here, just wanted to relate my personal experience.
Someone very close to was falsely accused of a crime, the PD was beyond incompetent, and the supposed "victim" was himself a lawyer.
I was by my friends side through the while thing, and I can tell you that they scared the holy he77 out of my friend, who plead "No Contest" because they didnt want even the slightest chance of going to jail, because this person had young kids. My friend was, and still is, a Conservative, and we both had thought that most people who pled out were obviously guilty.
What I learned through that fiasco is that there is Justice, and then there is the "Legal System". Very loosely related. Its a game, a sport between both sides, and its dirty when you get down to the nitty gritty.
No way was my friend willing to take a chance. Ended up being under house arrest (ankle monitor) for 2 years, and probation for 5. Even had to pay some money back to the "aggrieved".
It was a total farce, and I will never view the "Legal System" again.
Is the girl in jail? She should get 2 days for each day he spent
It was a groundless, baseless lie to get back at his youngest daughter for some perceived insult. The little tart had been involved in this kind of crap before.
Our friend was repeatedly offered a plea bargain to a lesser charge, but he ended up fighting it. It ruined him financially. He lost his home, his job and eventually had to move to another state. But he was eventually completely exonerated and managed to keep his family together and start a new life. I'll never get over the disgust with how the legal system turned his life upside down when even a minimum effort in checking the little tart's claims would have proved the charges were bogus.
Nothing ever happened to his accuser. Her parents were trailer trash who couldn't have paid a judgment even if he had gotten one. They drank up every spare penny and went to the gubmint for more.
Financially, I have no doubt that he would have been better off by taking the plea bargain. But his kids and reputation were more important to him than than his finances.
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