Re: Brian Banks
 

apparently, the lady is bankrupt and living on welfare... isn't that just a whole other issue...

Re: Brian Banks
 

This truly is a sad story. What should happen is the state gov pay him the $100 a day for each day in jail, thats what he's seeking in a suit.

The girl should be brought up on charges of making a false police report, put in jail for 5 yrs as Banks was, she should be made to pay back the $1.5 mill to the school, and then told never to have contact with Mr. Banks again.

Re: Brian Banks
 

[quote=CRedskinsRule;919268]apparently, the lady is bankrupt and living on welfare... isn't that just a whole other issue...[/quote]

Another outstanding product of society. How about instead of having her live off the state and being free we lock her up for 5 yrs and let her live off the state another way. Either way she would be living off the state we might as well put her in jail to do her fair share of jail time as punishment.

If she has kids we can do them a favor either give them to their fathers or put them in foster care where they won't grow up to do the same stupid crap learning from her.

Re: Brian Banks
 

[quote=Chief X_Phackter;919223]He would probably still be in prison if he didn't take his attorney's advice. He wasn't going to get a fair shake with the "victim" pointing and sobbing (read lying) on the witness stand. Unfortunately she held all the cards.

She should pay dearly![/quote]

I fail to see how...of course I have very little knowledge on this but based on the few articles I have read they had no evidence. Like not even enough to prosecute.

Re: Brian Banks
 

[quote=SmootSmack;919266]Gibson's mother was the alleged "mastermind" but both mother and daughter are shady...and broke it seems[/quote]

I think both of them need to serve out full sentences of whatever charge they are lying about. I would fully back and support any law or legislation that would put the same punishment back onto those that lied.


From the looks of it, that would be 40 years.

Re: Brian Banks
 

[quote=NC_Skins;919285]I think both of them need to serve out full sentences of whatever charge they are lying about. I would fully back and support any law or legislation that would put the same punishment back onto those that lied.


From the looks of it, that would be 40 years.[/quote]

He only served 5 yrs though. I agree with you make them serve the same amount of time though. Clear his name and make her record stick.

Re: Brian Banks
 

[quote=SBXVII;919286]He only served 5 yrs though. I agree with you make them serve the same amount of time though. Clear his name and make her record stick.[/quote]

He was looking at 40 years if he didn't take the plea deal.

Re: Brian Banks
 

[url=http://latimesblogs.latimes.com/lanow/2012/05/ex-football-player-wrongly-jailed-for-rape-wants-money-from-state.html]Ex-football player, wrongly jailed for rape, wants money from state - latimes.com[/url]


I seriously hate our judicial system.

Re: Brian Banks
 

Why is it a "hard case to prove"?

Do your f'n jobs prosecutors. Charge her ass and her mother's too. If you lose you lose but she certainly won't pay if you never even try. What a bunch of losers.

Re: Brian Banks
 

[quote=FRPLG;919296]Why is it a "hard case to prove"?

Do your f'n jobs prosecutors. Charge her ass and her mother's too. If you lose you lose but she certainly won't pay if you never even try. What a bunch of losers.[/quote]

This. What's hard to prove? She went to court and testified that he raped her. Now there is evidence (read: the tape of her confessing to Banks it was all a lie) that she was lying. If I was the state I'd make her owe 1.5 mil to Banks for the 5 years he spent in prison, not to mention the jail time she should see.

Re: Brian Banks
 

Not sure why it's so hard to prove. It's a one witness case.

Q: Mr. Banks did Ms. Gibson make any statements to you concerning her earlier testimony against you.
A: Yes, she admitted that she lied to me and that she had conspired with her mother to get money from the school system.

The rules for criminal prosecutions are different than what I normally work with, but the above is a perfectly legitimate admissable statement to use against the daughter. The statement is hearsay b/c: (1) it's an out of court statement, (2) by someone other than the witness and (3) offered for the truth of the statement (definition of hearsay). An exception to the hearsay rule, however, is an "admission against interest by a party". The policy behind the exception is that the opposing party is free to take the stand and testify - "I did not say that".

Put Banks on the stand let him testify and then make sleaze-bitch take the stand to deny. If she doesn't, we're done. If she does, my oh my even I could do that cross examination.

As I said, maybe something is different for criminal cases and there is a 5th Amendment self incrimination conflict (i.e. Someone could easily get on the stand and lie about a statement made by the accused. The accused is then faced with the dilemma of taking the stand to refute a lie but opening himself up to a broader cross-exam. For an innocent who has less then pristine past, it could present a catch-22).

At the same time, I am pretty sure it's admissable - the tape itself (recorded secretly) is probably not. It would not be admissable in Maryland.

Re: Brian Banks
 

[quote=NC_Skins;919292]He was looking at 40 years if he didn't take the plea deal.[/quote]

I understand all I'm saying is he didn't do the whole 40. As a matter of fact he got out after 10 and thats when she contacted him telling him she lied.

I to think she should do whatever jail time she would get for making a false police report plus add 10 yrs to it. He did 10 she needs to do 10 on top of whatever jail time the false police report would garnish.

Re: Brian Banks
 

im sure she only agreed to recant if the prosecutor promised not to seek charges.

Re: Brian Banks
 

[quote=SBXVII;919323]I understand all I'm saying is he didn't do the whole 40. As a matter of fact he got out after 10 and thats when she contacted him telling him she lied.

I to think she should do whatever jail time she would get for making a false police report plus add 10 yrs to it. He did 10 she needs to do 10 on top of whatever jail time the false police report would garnish.[/quote]

Well he only did 5 years of jail time, the other 5 was probation/house arrest/ankle bracelet? Sure that's not much better but it's not the same as spending it in jail.

Re: Brian Banks
 

[quote=JoeRedskin;919321]Not sure why it's so hard to prove. It's a one witness case.

Q: Mr. Banks did Ms. Gibson make any statements to you concerning her earlier testimony against you.
A: Yes, she admitted that she lied to me and that she had conspired with her mother to get money from the school system.

The rules for criminal prosecutions are different than what I normally work with, but the above is a perfectly legitimate admissable statement to use against the daughter. The statement is hearsay b/c: (1) it's an out of court statement, (2) by someone other than the witness and (3) offered for the truth of the statement (definition of hearsay). An exception to the hearsay rule, however, is an "admission against interest by a party". The policy behind the exception is that the opposing party is free to take the stand and testify - "I did not say that".

Put Banks on the stand let him testify and then make sleaze-bitch take the stand to deny. If she doesn't, we're done. If she does, my oh my even I could do that cross examination.

As I said, maybe something is different for criminal cases and there is a 5th Amendment self incrimination conflict (i.e. Someone could easily get on the stand and lie about a statement made by the accused. The accused is then faced with the dilemma of taking the stand to refute a lie but opening himself up to a broader cross-exam. For an innocent who has less then pristine past, it could present a catch-22).

At the same time, I am pretty sure it's admissable - the tape itself (recorded secretly) is probably not. It would not be admissable in Maryland.[/quote]

They have corroborating testimony of the PI also.

I know the rules regarding secretly recorded conversations are weird from state to state aren't they?