So Brian Banks, an up and coming football star, was accused of raping Wanetta Gibson.
She said that he took her into a school stairwell and forced sex on her. She was such a compelling witness that despite the lack of DNA evidence, his lawyer advised him to plead guilty. He could not. He ended up pleading no contest, and serving five years… Even though he maintained his innocence.
Then he gets out. She friends him on Facebook, offers to reconnect.
She explains how sorry she is that she lied, and she’ll do whatever she can to help him clear his record now.
Except actually admit to prosecutors she lied. Because then she might have to return the $750,000 she received in a settlement for suing the school for poor safety.
Banks and an investigator met with her and secretly recorded her admissions. When presented this evidence, the DA had no problem agreeing to vacate the conviction.
Isn’t there some issue about settlement paid out to her? Maybe it was the school. This was mentioned when the story first came out. I assume at this point she has no credibility and unrecanting will have no effect.
I was discussing this incident with a friend, and we got to wondering if the taped confession would be admissible as evidence that she committed perjury and fraud?
My friend said yes, definitely, why couldn’t they?
I was thinking that this was taped without her knowing, without a warrant, and is therefore inadmissible in court as it would be her testifying against herself. Therefore they can only use the tape to clear the name of young Mr. Banks and not for prosecution.
So, any chances that this woman will end up serving the time she caused the young Mr. Banks to serve?
Geeze, I reject Facebook friend requests from people just because I kinda dislike them. This guy accepted one from the person who sent him to jail for 5 years on a lie!
Stories like this are why I don’t like the practice of plea deals. I get that they’re a good money saver for the gov’t. But Banks basically gave up his right to defend himself against a crime that he appears to be innocent of in return for a reduced sentence.
The end result seems indistinguishable from punishing people with longer sentences purely for defending themselves in court.
AHH The infamous “Twenty sixth street tax” of Chicago..
ie the main criminal courts for Cook County (chicago) is 2600 California ave.. if you press forth against a plea deal.. and get found guilty they hammer the fuck out of you because of the incurring cost of impaneling and maintaining a jury..
And yes.. 006 district cop and housing cop for seven years.. so I have personal experience with this..
As a victim of rape, this makes me INSANELY FURIOUS. I mean, like HULK SMASH level mad. I sincerely hope she serves time for this. LOTS of time. It’s a tragedy. How can someone do something like this? WHAT IS WRONG WITH SOME PEOPLE?!?!
For even more good news, after a private workout with Pete Carrol, Banks has just been given an invite to the Seahawks mini camp. He may be able to play pro ball after all.
According to the petition, the original case’s evidence also include a SART test which showed Gibson ‘had injuries consistent with her story,’ and that when the police visited Banks, he said 'I know why you’re here and it was consensual."
[strike]However, the DNA sample they got from his underwear didn’t match Gibson, and I don’t think any DNA was gotten from her.[/strike]
edit: I didn’t read the DNA part carefully enough, but obviously, they didn’t find any of Banks’ DNA on Gibson or her clothes.
Honestly, that’s extremely unlikely. As Carroll said after one day, essentially, he looks like a good athlete who hasn’t played or been coached in ten years. Most top HS recruits don’t make the NFL even when they do get years of coaching. It’s a very classy gesture on Carroll’s part, but it’s very unlikely to be more than that.
The positive attitude he’s shown throughout is just amazing, though. Can’t help but pull for him.