Brian Banks was overcome with emotion.
Ten years after he was falsely accused — and five years after his release from prison for rape — a former USC football recruit was cleared of all charges by a judge after the alleged victim in the case came forward to recant her story.
Now 26, Brian Banks had his college career and aspirations of an NFL career imploded when classmate Wanetta Gibsion claimed that Banks forced her into an elevator at their high school in California and raped her.
Gibson was awarded $1.5 million when she sued that the school district was liable for not providing adequate protection.
Ironically enough, it was Gibson’s act that helped Banks get his name cleared. She contacted Banks on Facebook, and the two met. Banks said he knew that if he was overly emotional he could hurt his cause. So he said he remained calm.
“I stopped what I was doing and got down on my knees and prayed to God to help me play my cards right,” he said.
He did.
In that meeting with him, she said she had lied; there had been no kidnap and no rape and she offered to help him clear his record, court records state. But she refused to repeat the story to prosecutors because she feared she would have to return a $1.5 million payment from a civil suit brought by her mother against Long Beach schools.
During a second meeting that was secretly videotaped, 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,” according to a defense investigator who was at the meeting.
It was uncertain Thursday whether Gibson will have to return the money.
Prosecutors also said they didn’t immediately know if she might be prosecuted for making the false accusation when she was 15.
Banks, once a star middle linebacker at Long Beach Polytechnic High School, said he had verbally agreed to attend USC on a four-year scholarship when he was arrested. He pled guilty on the charges to avoid a potential life sentence.
Banks said he still hopes to play professional football and has been working out regularly.
“It’s been a struggle. But I’m unbroken and I’m still here today,” the tall, muscular Banks said, tears flowing down his face.
He recalled being shocked and speechless on the day Gibson reached out to him after he had been released from prison, having served five years and two months.
“I thought maybe it wasn’t real,” he said. “How could she be contacting me?”
How she avoids a lawsuit and jail time are among next questions to be answered.
I write about a lot of rape and child sexual abuse but I also have a passion to open the prison doors and help the innocent to be free. This story makes me cry out loud. Thank God that his name is cleared. Should this woman get the same time that he served? Notice he said he plead guilty to avoid a possible life sentence! I know plenty of African-American men who have plead guilty out of fear. We can not judge people. I appreciate that the truth made him free. Peace.
She should be charged, and the money should be returned! He should sue he will prevail!
It is travesties like these that offers us little faith in the judicial system. The problem is the way laws are written. Take this or get that. Not good. As for the woman, because of the national publicity, I believe trouble is headed her way. And rightfully so.
She's worried about having to give the money back from the lawsuit against the schools? I'll be surprised if she doesn't wind up in jail.
A man, his family & his friend's lives are changed forever & she's talking about some F-ing money. Unbelievable
Yes, but he may still be required to register as a sex offender, as there are no allowed means to get off the list.
They cannot prosecute the woman as that would be considered a "War On Women". It is like the New Jersey case in which it has been learned that a mother claims that the father of her children was raping them, have now found to not be true, after he has served some time in jail. These type of claims are common place in the family court system, so to start prosecuting the women would cause all kinds of problems.
On thing of note, it is a good thing she did not get pregnant as Brian Banks would than still be in trouble with the law for not paying child support while in jail, as was the case with this man who was released after 17 years, but now owes $110,000 in arrears, so he may go back as a deadbeat dad. It should also be noted that he will likely still be required to register as a sex offend as once you are placed on that list, there are no acceptable grounds for removal.
They cannot prosecute the woman as that would be considered a "War On Women". It is like the New Jersey case in which it has been learned that a mother claims that the father of her children was raping them, have now found to not be true, after he has served some time in jail. These type of claims are common place in the family court system, so to start prosecuting the women would cause all kinds of problems.
On thing of note, it is a good thing she did not get pregnant as Brian Banks would than still be in trouble with the law for not paying child support while in jail, as was the case with this man who was released after 17 years, but now owes $110,000 in arrears, so he may go back as a deadbeat dad. It should also be noted that he will likely still be required to register as a sex offend as once you are placed on that list, there are no acceptable grounds for removal.
2 cents from a random white guy… If he had actually done what he was accused of, and been 15 at the time, I imagine that he would have been tried as an adult… therefore her being 15 when she BS'd this poor dudes life into the trash doesn't matter one bit, LOCK HER ASS UP… As for the money from the school, even if it had actually happened to her I'm not sure I see how it's the schools fault; and if it is the schools fault for not protecting her from being attacked by a fellow student then wouldn't it stand to reason that HE could claim the school is at fault for not protectimg HIM from her crazy money-grubbin ass? The money goes to HIM!
this is horrible.
Hmmm…. that doesn't make sense though. If the case it thrown out, then he is NOT a sexual offender and should not have to register.
That is one of the problems with the sex offender laws. Last year a father was released after 16 years. He had been convicted of sexually abusing his children, but when they became adults, they started fighting to get him freed. They said as children, their mother forced them to make the allegations, which happened during a divorce. He still has to file.
He's also very luck he didn't get her pregnant, as he would than owe back child support. A Washington man, who was release last Fall, is no stuck with owing $111,000 in child support for the 17 years he spent in prison from a false rape case. The state has rejected his claim for compensation.