Posted on 05/24/2012 1:10:25 PM PDT by DoughtyOne
LONG BEACH, Calif. (KTLA) -- A judge has vacated the rape conviction of once-promising high school football star Brian Banks after his accuser recanted.
Banks broke down in tears Thursday morning after a brief hearing in which prosecutors said they had no objection to his conviction being reversed.
His mother and girlfriend, who were in the courtroom, let out cries of joy.
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"There are no words in any language, no gesture in any culture that can explain or describe what I have been through," Banks said moments after the dismissal.
"I hope my story brings light to a major flaw in the judicial system. It is time for wrongful convictions to be addressed in the United States."
Back in 2002, Banks was a 17-year-old rising football star at Long Beach Poly Tech when classmate Wanetta Gibson accused him of kidnapping and raping her.
Banks, who had a full scholarship offer to USC, maintained that the sex was consensual.
But at the advice of his attorney, he pleaded no contest rather than risk 41 years to life in prison if convicted at trial.
Gibson subsequently won a $1.5 million settlement in a civil suit against the Long Beach Unified School District.
She claimed that the school's lax security provided an unsafe environment that led to the alleged rape.
In a strange twist, Gibson 'friended' Banks on Facebook when he got out of prison, explaining that she wanted to "let bygones be bygones."
Gibson met with Banks and admitted she had lied, according to court documents in the case.
She also offered to help him clear his name, court documents show.
However, she later refused to repeat the story because she feared she would have to return the $1.5 million settlement.
She reportedly told 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."
The California Innocence Project took on Banks' case based on the new evidence.
"This is a great day for the justice system and for Brian Banks," said Justin Brooks, a professor at California Western School of Law and Director of the California Innocence Project.
"Cases like Brian’s are the reason I do the work I do. I am grateful to the Los Angeles District Attorney's office for reviewing the evidence and joining us in seeking to end this injustice."
Brooks said Banks had been on probation and under electronic monitoring.
He has also had to register as a sex offender and has had trouble getting a job.
Brooks said that Banks is continuing to train, and still has hopes of a future football career.
I sure got some interesting responses.
I doubt that a loving God would have thought 6 years in prison should be his penance.
When told by the public defender he could get 40 years to life, he agreed to a plea deal thinking he would get the minimum of 18 months. HE WAS NOT ALLOWED TO TALK TO HIS PARENTS TO GET ADVICE BEFORE MAKING THAT DEAL.
Who’s casting?
Jesus could have cast, but not me.
He forgave because he saw
her heart of repentance and of confessing
his lordship.
The narrative in your mind is way off
the truth about Christianity. You think,
“Christianity is all about our forgiving
each other and making this world a better
place by doing so.” No! The truth about
Christianity that is written VERY clearly
in the bible is one of, “God’s own sacrifice
(Christ= God) satisfied God’s perfect justice;
so what God himself did in love through the cross
allowed us to get forgiveness where it really matters,
with God.” (Yes our mutual forgiveness is important.)
Get it !!!
1 Corinthians 10:13
No temptation has overtaken you that is not common to man. God is faithful, and he will not let you be tempted beyond your strength, but with the temptation will also provide the way of escape, that you may be able to endure it.
“I doubt that a loving God would have thought 6 years in prison should be his penance”.
I have serious issues with anyone thinking that God does something like that. Every time something horrible happens in a life... a child is struck by a car and killed, a family member dies of cancer, you end up in a prison based on a lie from someone... did God do this as a punishment? If one follows that belief system, then why doesn’t God punish child killer, molesters, murderers and the like? I totally agree with the statement that a loving God wouldn’t do that. IMHO.
Ouch!
One of Christianity’s biggest failings is it’s members who think they have to set others straight in inappropriate moments. You turn people off. And by so doing, who are you really helping? It sure isn’t Jesus.
Most folks came here and lamented the shafting this poor innocent kid got. Then a few came here to make sure this guy knows the evils of fornication before they could say anything else.
And when brought to their attention, they just doubled down.
Thanks for the report Doug.
I hope you called in and reminded him that this wouldn’t have happened if he hadn’t fornicated, so folks on this thread could feel like their lives were complete.
No calls taken. :)
Is it?
There have been a number of cases where the girl “changes her mind” after being pressured that the guy is the hooscow. Only God knows for certain what happened.
Yeah, He said it numerous times in the Bible. So, do you consider the disciples “organized religion”? Not everything “organized religion” does is right, granted, but not everything “organized religion” does is wrong either. Remember, Martin Luther said “where God builds a church Satan builds a chapel.”
I’m only 61, but I haven’t heard of one case where a woman went back into court and stated she had been lying before, so the guy who raped her would be released.
It is amazing to me to watch adults (at least I think I’m dealing with adults here) make up any excuse they can come up with, when the facts are staring them right in the face.
Read Eva’s comments here. There were several reasons why this woman’s claims were very likely unbelievable to begin with.
None the less, you stick with the ‘guy has to be guilty’ premise. DISGUSTING!
I don’t know what happened. I do know that insurance companies will spend any amount not to pay a false claim. And my indication that I have heard of recanting before is just as valid as you saying you haven’t heard of recanting before. Look, I am glad the kid is out because I think prison makes things worse. He has a chance, the proof will be in the pudding, ok?
The system is about to die of overburden, it could collapse pretty easily and is very fragile
I am delighted that the man is cleared.
However She has a point.
Men who have uncommitted sex with women leave themselves open to pregnancy, child support and accusations of rape.
Not that I think this is right, but it is the way our world is working right now.
Government agencies pay out all the time to avoid going to trial. You never know what a jury is going to come up with in the way of payout. Trying to pass this off as having an insurance agency involved, so she must have been telling the truth is just silly.
Oh yes, of course he now has to prove that he was not guilty by being on his best behavior. /s He was not guilty. He has nothing whatsoever to prove.
What’s scarey to me, is your responses truly make sense to you. They sure don’t to me.
The man has been cleared. Instead of expressing some remorse for him having been unfairly convicted and imprisoned, some folks have found it preferable to address the kid’s out of wedlock status. That is so far afield from the compassion that Jesus instructs us to have for one another, I can’t remain silent on the preposterous tactic.
What has not occurred to any of you, is that this woman could just as easily have made these charges against someone who hadn’t had relations with her at all. What would these idiots have blamed him for then?
The out of wedlock issue is a valid point to discuss. It just isn’t valid here. I’m sorry, but this is not the place or the time to place that front and center above the issue of this man being falsely accused and imprisoned, his life altered in his most formative years.
If people want to start a thread on fornication, I would probably agree that sex within marriage is far better, far less dangerous than sex outside of marriage.
I can think of some incredible examples of dangers within the body of marriage that come to mind. Lorana Bobit is a good example. Why we have to change the subject from false testimony and a man being imprisoned to one of fornication is beyond me.
Well, fine.
Where have we heard that before? Sounds like you are auditioning.
I guess you can tell by now I have no love for organized religion
Or for truth apparently.
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