Ex-football player, wrongly jailed for rape, wants money from state
A former high school football star who had his rape conviction dismissed plans no legal action against the woman who recanted the sexual assault claim she made 10 years ago.
But Brian Banks, 26, does plan to file a claim against the state, seeking money for his time behind bars, his attorney said.
"We do not plan on taking any legal action against Gibson," said Banks' attorney, Justin Brooks of the California Innocence Project, referring to Banks' accuser, Wanetta Gibson. "We do plan on filing a state claim for the $100 a day Brian is entitled to under State Law 4900 for every day he was wrongfully incarcerated."
Gibson was a high school sophomore when she accused Banks of raping her at Long Beach Poly High School. She and her family sued the school, receiving a $750,000 settlement, and Banks spent five years in prison after pleading no contest to forcible rape.
While a judge Thursday tossed out the rape charge, it remains far from certain if Gibson, 24, will face any consequences.
L.A. prosecutors have said they have no plans to charge her with making false accusations, saying it would be a tough case to prove.
Legal experts noted it could be difficult for the Long Beach school district and its insurer to get the settlement back.
Then there is the reality of Gibson’s life.
Court records suggest she has few assets: She received public assistance for a time and her children, ages 4 and 5, still do, according to two suits brought by the county in an attempt to collect child support. Gibson, who could not be reached for comment, was ordered initially to pay a $600 a month toward their support. But in the last year, county officials said she didn’t have to pay anything, citing a lack of income and employment.
According to Banks and his private investigator, Gibson has refused to admit to prosecutors that she lied to avoid having to return the money she and her family had won in court.
She also said she feared it would affect her relationship with her children, Banks' attorney alleged in court papers.
The statute of limitations for making a false claim is four years, but experts say it could restart when a previously hidden crime is discovered. In this case, Gibson testified in 2003 during Banks’ preliminary hearing but recanted her accusation last year. “No, he did not rape me,” she told Banks and his private investigator in a recorded conversation.
“The prosecution can say that we only learned last year that the crime of perjury occurred and therefore we are still within the statute of limitations,” Loyola Law professor Stan Goldman said.
The fact that Gibson was a juvenile when she initially made her accusation poses a potential complication, as does the fact that she has since recanted her recantation, but Goldman said the large monetary settlement she received might make charging her a priority to prosecutors trying to ensure the integrity of the criminal justice system.
Police in Long Beach said there is no official investigation into Gibson’s conduct, but officers are “reviewing the matter” and “will be in consultation with the district attorney’s office following the review,” spokeswoman Lisa Massacani said.
BRIAN BANKS IS FREE! HALLEJUAH!
Thanks to the Innocence Project, after 10 Years of HELL & a Ruined Reputation due to the lies of a Young BLACK Woman (Wanetta Gibson) who falsely accused him of RAPE, Brian Banks a Young BLACK Man finally walks FREE.
5 QUESTIONS:
1) Will the State of California pay Brian Banks Restitution for False Imprisonment & Wrongful Conviction?
2) Will his Accuser Wanetta Gibson be Indicted for Lying under Oath to a Law Enforcement Officer?
3) Will the NFL give Brian Banks an Opportunity to relive his Dream of trying out for the NFL Draft?
4) How many more Wrongfully Convicted BLACK Men would be Released from U.S. Prisons with the help of the Innocence Project if they had more Financial Resources?
5) Why hasn't Congress taken a Closer look at how Prosecutors Abuse the Plea Bargain Process in America?
Especially with BLACK & Latino Male Defendants??
The U.S. Supreme Court has already ruled to Expand Defendant's Rights regarding the Plea Deal Process.
Now what about our Corrupt Congress???
GOD BLESS BRIAN BANKS & HIS FAMILY!
GOD BLESS THE INNOCENCE PROJECT!
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Brian Banks, former high school football star, asks for NFL shot
He was a high school football star in Long Beach, Calif., heading for a full scholarship at powerhouse USC when he was falsely accused of rape.
Now, exonerated after the alleged victim confessed she made up the whole story, Brian Banks has one goal: to play in the NFL.
In an appearance on the “Today” show Friday morning, the 26-year-old pleaded with any NFL coach watching the morning show to “give me an opportunity.”
“Let me show you what I can produce,” he said. “I think that any team that give me an opportunity will be really impressed with what I can do despite what I’ve been through these past 10 years.”
After being charged with rape and kidnapping in 2002, Banks took a plea deal on the advice of his lawyer to avoid spending the rest of his life in prison despite knowing he was innocent. He was sentenced to six years, ruining his football career and was forced to wear an ankle bracelet after being released on parole in 2008.
“It’s like branding,” he said on “Today”. “It’s like if someone put a brand on you: rapist.”
His accuser friended him on Facebook after he was released from prison with a strange request to make “bygones be bygones”.
With the help of a private investigator, she was recorded admitting she made the whole thing up and was reluctant to come forward because of a settlement she had reached with the school district.
With the help of the Innocence Project, Banks used the evidence to be exonerated — and on Thursday, a prosecutor moved that the case be dismissed.
Banks, video shows, broke into sobs.
“My only dream in the world was to just be free and to have the same opportunities as everyone here,” he told reporters.
Banks said he’s concentrating on moving forward with his life — and hasn’t thought about what happens to the woman who falsely accused him.
“I know it’s best for me to try and move forward in a positive manner for the betterment of me, it hurts no one but myself to hang on to the type of negative energy,” he said on “Today.”
He added he hopes that in the future, investigations will be thorough enough to avoid sending an innocent man to prison.
“I definitely feel that further investigations in cases like this are definitely necessary especially when it involves minors, children,” he said. “I think I was quick to be judged.”
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Sources: ABC News, Black Sports Online, CBS News, Innocence Project, LA Times, MSNBC, NY Daily News, Youtube
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