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.
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
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.
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?)
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.