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Subscribe to RSSA former California high school football star, Brian Banks, has been cleared of a rape and kidnapping conviction that derailed his life more than 10 years ago. Now, he is hoping to fulfill his dream of playing in the NFL. NBC's Kristen Dahlgren reports.
Former high school football start Brian Banks said he's "happy to be free" after a California judge exonerated him of a 2003 rape conviction because his accuser recanted her testimony.
"It was bittersweet, you know, just happy to be free now, happy to clear my name, but also very much in a reflective state and just remembering everything I've been through to get to this point," Brian Banks told TODAY's Ann Curry Friday.
In high school, Banks was awarded a scholarship to the University of Southern California and was regarded as a top college football prospect with good chances of going into the NFL, but his professional sports prospects were derailed by the conviction.
Though Banks, now 26, had always maintained his innocence, he pleaded no contest a decade ago to charges that he raped a fellow student. A plea deal meant he served nearly six years in prison, instead of the 41 he could have faced.
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Banks had tried to win release while he was in prison, but Justin Brooks, a law professor and head of the California Innocence Project at California Western School of Law in San Diego, said he could not have been exonerated without the woman coming forward and recanting her story.
"Brian’s story is so compelling, and his case for innocence so clear, we knew we had to take this on," Brooks said in a press release. “Brian lost a huge part of his life when he was unjustly sent to prison."
Brooks said it was the first case he had ever taken in which the defendant had already served his time and had been free for a number of years.
Banks remained on probation, however, and was still wearing his electronic monitoring bracelet at the hearing Thursday. He also had to register as a sex offender. His lawyer said the first thing the two planned to do was report to probation officials and have the bracelet removed.
"The charges are dismissed now," Brooks said. "It's as if it didn't happen. ... It was the shortest, greatest proceeding I've ever been part of."
Banks' accuser, Wanetta Gibson, reportedly friended Banks on Facebook after he got out of prison, saying she wanted to "let bygones be bygones."
According to documents in the case, she met with Banks and said she had lied, and she offered to help him clear his record.
But she later refused to repeat her statements to prosecutors because she was worried she would have to return a $1.5 million payment from a civil suit brought by her mother against the Long Beach Unified School District.
Researchers: More than 2,000 false convictions in 23 years
She 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."
In a brief hearing Thursday, Los Angeles Superior Court Judge Mark C. Kim told attorneys that the case was dismissed based on documents filed by Banks' attorneys.
"This is a kid who was a superstar,'' Brooks said. "He would be playing the NFL now if this hadn't happened.'"
Banks tweeted Wednesday, "So many people coming to show support tomorrow!! #fullhouse nothing but love and I love y'all back x2!!"
According to his website, he wants to produce a documentary about his life, and is hoping to return to football. He's been training since his release from prison in 2007.
"I think that any team that gives me an opportunity would be really impressed with what I can do despite all of what I've been through these past 10 years," Banks told TODAY's Curry.
He also said he hasn't thought about what should happen to Gibson.
"I do believe that everyone should be responsible for their actions, and if that action warrants some type of consequence, then I feel that, you know, it's justified," Banks said Friday, adding that he no longer feels angry and vengeful toward Gibson.
"I've had my moments where I was very angry and very vengeful but I know it was best for me to try and move forward in a positive manner for the betterment of me," he said. "It hurts no one but myself to hang on to that type of negative energy."
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Leave a Comment:
She stole 1.5 million dollars (your tax money if it was a public school) and now she doesn't want to give it back? Are you kidding me. Throw her ass in jail for false testimony and fraud.
What a cu nt!
Very sad story...and definitely throw her in jail and take the money back!
The 1.5 mil needs to be paid back to the guy who's life she ruined!
Women are evil
Right on JJ... She lied, got a man sent to prison for 6 years, and got 1.5 million, and then the reason why she didn't want to tell the truth to prosecutors; she didn't want to give the money back. She didn't want to have the guilt of doing all that damage to this man's life anymore, but she didn't want to have any penalties for what she did... Make her pay the money to the guy who's life she ruined, and then she can spend 6 years in jail so she can truly understand what she did to this man...
She should go to prison and have to pay Mr. Banks the $1.5 million plus interest. Who knows what kind of life he could have had and living he could have provided for himself. With the salaries football players get paid today, I'm guessing a lot more than $1.5 mil in six years. Why is she not in jail? I don't get it.
Her and her mother need to be arrested now. Why has this not happened? This disgusting pos stole a man's life, stole from taxpayers, and is walking around free. Where is Gloria A. and all the other idiots who came to her rescue?
She freely admitted that she cares more about the money than she ever did about clearing his name.
You should NOT be able to make money off a false accusation.
Sadly, even if this guy won a judgment, 1.5mil is likely more than the entire sum of what the mother and daughter own and will ever earn over the entire course of their lives.
This who re is worried about the $1.5 million that she unjustly acquired at the expense of this gentleman's potential career. I hope she is sued and imprisoned 6 years for perjury.
I don't understand the sentiment of taking the $1.5M from Wanetta Gibson and giving it to Brian Banks. It's not her money! That's like taking the money from a bank robbery and giving it to the person the bank robbers ran over during their getaway.
Gibson should pay pack the $1.5M with interest, and then pay Banks everything she has left over!
JJ he'll be awarded more than that.
She destroyed his life ... for some money. He plead no contest, because he was facing 41 years - based on a lie.
I sincerely hope he is able to turn this tragic start to life into an awesome future. She's the lowest kind of predator - Lying under oath, ruining someone's life, because there was a paycheck.
She recanted, and should be shown some mercy ... but NEVER gratitude. Just a despicable lowlife sociopath, IMHO. Pay back every single nickle.
God Bless Brian Banks, and all of the other (truly) innocent convicts. What a loss of life and freedom to have to suffer!
I am with you, Scott and all of you that are upset about that bitch. Why is she not in jail already?????
What is the matter with this country's justice system? She clearly needs to be incarcerated and some others with her that provided false testimony!
This woman needs to be arrested immediately. She admits to being guilty of a number of serious felony counts including grand theft, filing a false police report, perjury, and you probably even make a case for unlawful imprisonment since her lies sent this guy to prison for six years. She completely destroyed this guy's life and her biggest concern was about having to give back the money she stole from the CA taxpayers. This bitch needs to spend at least six years in prison, the same six years this guy spent behind bars because of her and be forced to pay back every dime she stole. If her mother knew the charges were false she should also be put in prison for at least six years. This woman stole this guys life from him and must be made to pay for that. Who knows if this guy will ever get a team to give him a shot at playing in the NFL. Even if he does get that shot, he has already lost the opportunity to get a free education from one of the top universities in the country on a football scholarship. This woman, and her mother if she knew the charges were false, should be forced to live in abject poverty for the rest of their lives with any money they earn beyond what would pay for a @!$%#-hole apartment in the worst part of LA and basic food paid to this guy for what they have taken away from him. Who knows where this guy's life would be if they had not done this. He could very well be making 8 figures a year from an NFL salary and endorsement deals, after all he was one of the top prospects in the nation coming out of high school and USC is known to send a good number of player to the NFL. I hope that some NFL team will at least give this guy a shot to earn a spot on their roster. He may never get the money he could have received as a top player coming out of USC, but he deserves to get a shot to show if he can play at the pro level. He has already lost what would have been five years in the pros and can never get that, or the salary that would have come with it, back.
Football players' careers are fairly short. At the very least, say he makes $500K/yr in the NFL. He's lost out on $3M of the most potentially productive years of his career.
Also lost out on college scholarship and degree....
I hope to God this biotch gets thrown in jail for as long or longer than this poor young man. Hey...NFL...if you are reading any of these comments, give this young man a chance, would ya....
It's not completely without precedent for folks to arrive in the highest levels of pro sports at an advanced age...but I can't think of anyone who arrived in the NFL at 26 without playing college ball.
I wish him luck. His body may well be up to it - he probably hasn't been blocked in a long time.
But...but..women never lie about being raped!
/sarc
Rape is a serious crime, and miserable wastes of space like the greedy c*** (I don't use that word, but, c'mon, like you didn't immediately think of that word when you read this story) who put this innocent man in jail who trivialize rape for money ought to be tried, convicted, and thrown in jail.
Well this guy and his record should fit right in with all the others of the NFL.
On the serious side of things, this false accusation should go down as the reason we need actual investigation into claims of sexual battery and rape. It's gotten to a point where all a woman has to do is cry "sexual assault" on a guy and the guy is hauled off to jail. Any trial that follows is a mockery of justice because no one will listen to the guy's side of the story or dig in to the woman's story.
It's the sad state of entitlements in the name of safety and equality.
Lock the biatch up. Sadly, 6 years behind bars for her are hardly the same as 6 years behinds bars for him: it's not like she had the prospects and potential he had before going to jail. She was, remains, and will continue to be, a lowlife POS loser.
Wish to God some NFL team gives him a chance. Although the sad fact is that 10 years out of practice on a team playing competitively and without the experience he would've gained playing college level mean his chances to make it to a roster and stay there for any meaningful length of time are slim to none.
Maybe USC can give him back the scholarship? He is 26, so he won't be eligible for the NFL draft until he's around 30. But since he wasn't playing all those years maybe that means he doesn't have the wear and tear of a typical 26 year old football player?
Evil, evil, evil biatch.
since the fraud and lies happened about 9 years ago, she's probably protected by the Statute of limitaitions... so i hope she really does get raped and dies a horrible STD death...
I hope this guy gets a shot at the NFL. And I believe that his accuser should get a shot at prison life. I have a hard time thinking of a crime worse than knowingly being a part of sending an innocent person to prison.
There are a couple things many of you are over looking. First, how old was the girl when this happened? The story doesn't say but I would imagine she was around the same age as Banks was. So she was in her mid teens. I can easily see how the situation changed once adults got involved in it. I'm not certain sending this girl to jail would accomplish anything as I don't know all the facts in this case. Second, it wasn't the girl who filed suit against the school, it was the mother. No where does it say how much the girl herself recieved from the settlement. As a minor the money would've gone directly to the mother.
As for those of you saying the guy would've ended up in the NFL because he was a "top Prospect" the odds of that happening even for the best high school player are extremely slim. I hope thouhg, even at 26, a team gives him the opportunity to try and make their team.
Having said that I believe false accusations of rape are wrong for several reasons. First, it can send an innocent man/woman to jail and ruin their life. Second, it hurts the victums of real rape by encouraging them not to come forward.
Wow that's a strange perspective. Let's not forget that this guy is the victim. He spent over 5 years in prison for crime he never committed. The girls mother didn't lie about this she did.
According to the article Banks was a minor in his mid teens too. But he was tried as an adult.
Maybe, maybe not. But he had a scholarship to USC, he would have received a good education for free. Instead he went to prison without even finishing high school. All because she lied. He at least deserved a chance to succeed or fail on his own. Her lies took that away from him. I think she should go to prison for the same time he served and they should have to pay him the 1.5 million dollars they got from lies. That would be justice.
As much as I want to throw her in prison, and make her pay back the money, I can only think that the next woman, who falsely accused some poor guy, won't come clean, and will let him rot instead instead of facing the consequences.
As sick as it is, we probably have to let them get away with it.
I think in addition they should punish whoever decided the guy should be tried as an adult when there was no evidence other than the girls testimony. I just watched this on the news and they said they only kissed. Where is the DNA evidence? How can someone be convicted without the medical evidence? What about the rape kit? I think they should actually come down so hard on this that the next time someone thinks about falsely accusing someone they will be afraid of the repercussion and will decide against lying. Maybe they should put her away longer. I don't understand the logic of letting someone get away with something like this. So by your logic she lies and ruins this guy's life and gets a 1.5 million dollar bonus to boot? No wonder this country is screwed up.
Wrong, Kevin C. By locking her up, it'll keep women from lying about rape in the future.
Wanetta Gibson I hope you get's what's coming to you!
Her mother won $1.5 Million from the School District. Her biggest concern was that she and her mother would have to pay it back... THAT is why she kept silent.
Letting a falsely convicted person sit in prison while you contemplate the monetary consequences to yourself shows an incredible lack of character.
omg! Not only should she have to pay the money back (w/ interest), but it should go DIRECTLY to Brian Banks for completely ruining his chances of playing in the NFL (and likely making MORE than $1.5 million throughout his lifetime).
In addition, she deserves NO LESS than 6 years in prison.
These false rape accusations will not go away until it is well established that the false accuser will serve the equivalent time in jail as the accused rapist. Rape is serious, very serious, but falsely accusing one of rape is no less serious and deserves equal condemnation. This woman is disgusting and Brian Banks is a saint!
Why is he a saint?
he could be vengeful, spiteful, hateful, etc. Instead, he moves on, or "turns the other cheek" if you will.
He deserves much better than this, and I hope an NFL team brings him in to try him out (ala the TB Bucs signing the paralyzed player recently, if only for symbolic reasons. http://news.blogs.cnn.com/2012/05/02/buccaneers-sign-paralyzed-rutgers-player-eric-legrand/).
While I agree that what the accuser did was a crime, sentencing her to jail will just make all the other women out there who falsely accuse men of rape for money or revenge think twice before admitting the truth. Unfortunately, with our conviction happy court system, we cannot harshly punish these people without the severe consequences of demotivating women from telling the truth. I wonder how many men are in prison now because someone caught them in the act with their girlfriend who was too scared to say that it was consensual, or wanted revenge on this guy for some petty thing he did.
good point hypocrisy1776 regarding the demotivation for truth-telling if these liars go to prison.
In any event, she at LEAST should be required to return all the money paid in the settlement (plus interest) directly to Brian Banks' family.
I agree, he had 10 years of his life stolen, at the very least she should have to pay back the money plus interest, and at least 10 years in prison also, that would just make them even. She deserves more time then he got in my opinion.
@hypocrisy, Drowning, & chris
I know what you are saying and understand your point, but there has to be repercussions for ruining a man's life and stealing from taxpayers. His life is destroyed and yet there are people calling for her to not be punished. Either that line of thinking is insane, or I am. Either way, something is wrong here
@Hypocrisy - you have no idea what being wrongly accused is like. I had charges dropped for a domestic violence charge 1 1/2 years ago. I had broken up with a girlfriend in 2010 she was very angry and accused me of hitting her in the thigh, of all places. I was arrested at work. They did not fire me while the case was pending. She got drunk with a friend during the lead up to court dates and admitted that she was making me pay. God bless that friend for coming forward. But I have had to wait 1 year and I have anotherto go before I am allowed to apply for it to be expunged. I can not apply for other jobs with other companies because I will have to tell them about it. My company isn't promoting me and I live paycheck to paycheck and many times I have to ask my parents for help. I thank God for them. I carry that dismissal saved on a flash drive. That women was not arrested and she was not charged. I have moved to another city and now commute because I am afraid she would find me and try to make the same accusations. That woman deserves to be in jail and this Gibson woman does also.
@Mikahl, sorry for what you had to go thru...that is horrible. But what if her friend had never come forward and you were in prison right now? Would you rather have a scenario where your ex came forward and admitted that she lied and you are released from prison...or have her be too scared to admit that she lied because she would go to prison and you would be in prison for several years and the truth would never come out? True, neither scenario is true justice but unfortunately, that is the way the world is. Of course the woman deserves to go to jail, but I also view it as a scenario similar to the police offering a lesser sentence to someone guilty of a crime if that person works with the police. Again, giving a harsh sentence just encourages other liars out there to never admit the truth.
hypocrisy1776 wrote "While I agree that what the accuser did was a crime, sentencing her to jail will just make all the other women out there who falsely accuse men of rape for money or revenge think twice before admitting the truth. "
$1.5 million dollars is a financial motivation to keep silent. This case teaches women that they can falsely accuse a man of rape, receive a large payout *THEN* clear their conscience by providing information to exonerate him after they've spent the payout.
I think you're looking at this backwards. Stiff penalties for false accusations may help prevent the accusations in the first place.
There may be a chance that some false accusers currently out there may not come forward due to the expected charges, but perhaps we will see fewer false accusations in the future if the risks are high enough.
Also, not penalizing people simply to encourage them to admit wrongdoing is counter to the way our justice system is supposed to operate. What we need is a true "beyond a reasonable doubt" standard to be applied in all criminal cases (admittedly, this is tougher in rape cases), so that one person's testimony cannot send a person to jail without corroborating evidence.
Agreed and send the bitch to jail..there are more still in prison because they have been paid off.What a great justice system..omg
get
I wonder how many others that are like him ( innocent ) are out there?
Brian Banks your are much more forgiving then most people...if I were you I would take the 1.5 million dollars from that lying b*tch, small payoff for not playing in the NFL...
I seriously doubt she still has the money after 8 years. Lock the bitch up for twice what he served.
I believe the school district and the insurance company that paid her should get the money back immediately and in full. Don't have the money? Let them be treated like a delinquent tax payer at the mercy of the IRS.
She should be in handcuffs right now. This was out and out fraud. God Bless that young man and his family. I hope that he has a productive and happy life.
she deserves to go to prison for what she did...all for the money...make the family pay it back...hope he gets the chance to play ball again...
A truly sad commentary on the state of our society.
She stole years of this young man's life, and ruined his promising football career. She also stole from society by taking this money.
Now she's concerned about having to give back her ill-gotten gains? No sympathy here.
And also by discrediting future rape victims. Society is worse off that this woman was ever born and needs to imprison her for many years.
She doesn't want to give the money back?????? She should be sued by the school system, the court system, and the accused. She should be prosecuted as well.
Lock her up and throw away the key. Unbelievable. I can't believe she stole that much of his life and thinks she can just walk away with stolen money and all. It's cool that he's let go of the hate and I applaud him for it but she's still gotta pay. BIG time.
Her greed and viciousness victimizes more than the man she falsely accused; because of women like her, real rape victims are afraid to come forward for fear they'll be branded as liars and thieves too, so real perpetrators are let off the hook.
She should not only be arrested and serve the same six years he served because of her lies, she should forfeit the money (with interest).
I was just thinking the same thing. Her behavior just made it more difficult for true rape survivors. I despise women like her. She costed a young man, a scholarship, a career and who knows what he went through in prson (I shudder to think about it). And she thinks that she should just go on with her life. Hell no, lock her up and make her pay back every cent.
Wow I am speechless what a greedy ho-bag.. Poor fella I really hope his life stays positive. She should have to pay him and go to jail for perjury and wasting all that time..
She should do at least do as much time as him..
The scum of the earth has a new name: Wanetta Gibson. Someone sat in jail for her lies and the best she can come up with is: "Let bygones be bygones" are you kidding me? I hope she gets sued by everyone who has any standing in the case, including California taxpayers. This might be the most outrageous non-lethal conduct I can recall. I hope she still has some of the junk she bought cause she's going to need to take it to the pawn shop.
he served 6 years so should she and that money is long gone but she and her mom should have their wages garnished for the rest of thier lives. 6 years in max security for a young man couldnt have been easy and neither should her time
You have to have wages first, before they can be garnished. She doesn't seem to be the working type--that money is unrecoverable. Wage garnishment is too lenient anyways.
She will never work,She is above that! and I'm to pretty to go to jail too. I'm just too good,, ,Ya know. I need free food,houseing ,car, and a check. I got 6 babys I have to feed ..What a work of human art. I got to go puke now!!!!!!!!!!!!!!!!!!!!
As a African American, this is sad. We fight for Tryvon Martin for Justice, but we let this hang? She AND her family should be in jail, PERIOD!!!! Judge Judy could have closed this case in 10 minutes!!!! "I dont want to have to pay it back?" Please!!!!
If this woman is not prosecuted for false testimony and grand theft then our justice system is officially in the crapper. She needs to pay back every cent to that school district - I don't care if it takes the rest of her miserable life, she should also have to pay him for all the lost wages he could have been earning while he sat in jail and she continued her life with a huge amount of money - she seems to think telling the truth after 10 years and saying she wants to let by gone be by gone makes it all okay. I understand the man does not want to begrudge her right now, but I hope his parents or a lawyer or someone sees that he has been dealt a monumental injustice and it should be rectified and Wanetta should be in jail.
As for a possible NFL career I hope some coaches give him a chance and if that doesn't pan out I would love to see him get some really nice job offers. He seems like an intelligent man who definitely deserves a chance to make it. I felt really bad for him getting railroaded and am glad he is staying positive with all he has had to go through these past 10 years. The woman on the other hand is a pathetic excuse for a human being.
You're right harely! Her suffering should be shown everyone constantly...so that all other women who have falsely accused someone know not to come forward with the truth...just let the innocent guy rot in jail or spend the rest of his life as an ex-con. Maybe, if they are feeling really guilty, they can do a death bed confession. Or maybe we should take a look at our trigger-happy, lock-em up at all costs as long as I don't have to actually pay for it, incarceration....I mean justice system.
you're bringing me around to your side hypo...
Good posts, the problem is overzealous prosecutors and juries swiftly convicting men in he-said/she-said rape accusations.
hypocrisy your argument makes no sense, a woman who is falsely accusing a man of rape has already decided not to tell the truth and has in fact premeditated her lie, you seem to think she would suddenly change her mind and do the right thing when the entire case only exists because of her premeditated decision to do the wrong thing. She is much more likely to just keep the lie going not because she is afraid but so that she can reap the benefits of the lie. Removing fear of consequences wont motivate her to tell the truth because she wasnt lying out of fear but out of greed.
Now we will see...the courts are making that liar that said she had cancer (and didn't) pay back all the "donations" etc. that she fraudulently received...SO...this liar should have to do EXACTLY the same! This low-life should actually have to do hard time for the way she affected this young mans life. Despicable.
I'm guessing that they did actually have sex. I wonder what made her file the charges.
Maybe his check bounced?
Rev Al and Jessie, get over there and paint this Ahole woman as a racist for sending this innocent black man to jail . Oh wait.
Never mind.
LOL! That's funny.
So far all of the comments talk about the anger everyone feels about her taking the money, and her refusal to give it back. Yes, she should be prosecuted for false statement and perjury.....However, per Brian's words, "I've had my moments where I was very angry and very vengeful but I know it was best for me to try and move forward in a positive manner for the betterment of me," he said. "It hurts no one but myself to hang on to that type of negative energy."..........You are a truly beautiful man to say that!
I say off with her head!
Not only did she wreck this mans life, but the women of the world should be pissed for her making real victims afraid to come forward now.
Let bygones be bygones? Really?!!!!! Oh my goodness, why are people sooooo crazy??? This happens to our young men so very often, promising future cut off because some evil gets in the way and "of course they committed the crime they're black"! This young man can never get back what could have been....the fame and success he could have achieved in his early years. This devil, W. Brooks, should have to pay that money and more back to this man and his family for what they've endured. He hopefully has a long life ahead of him and I pray he lives it in such a way that God will be pleased.
don't hurt your back. That race card looked heavy.
She makes me sick. She has done mis-served so many people... I don't know where to start. True rape/kidnap victims? Brian? The tax payers of the school district? Did anyone at the school get fired over this? Ms Gibson, if you think you did enough by coming forward you are very sadly mistaken. I hope you spend the rest of your life repaying the school district and Mr. Banks. And please DO NOT EVER try to claim welfare/food stamps or any other social entitlements. In my mind you have abused your privileges as a US Citizen and no longer deserve the benefits.
Wow - this girl slept with this guy and because she was fearful of what her racist father would do later said she was raped. She devastates this kids life in many tragic ways, profits by suing the school, and now worries that if she does the right thing, she'll have to give the money back! I'm really not sure why this b!tch is not in jail herself!
Did you read another story. Where did you hear anything about a racist father??????
Arizona-Buckeye,
Wanetta Gibson is African-American. According to a LA Times article she "admitted to making up the story so her mom wouldn't find out she was sexually active".
'latimesblogs.latimes.com/lanow/2012/05/ex-football-player-breaks-down-after-rape-charge-dismissed.html
The story was on Bryant Gumble's show on HBO - said her father would have exploded knowing she slept with a black guy.
cwicd - you are correct and I was wrong about why she asserted she was raped! D'OH