Brian Banks
 

Ive been reading about this story over the last couple of days. Its absolutely horrible but also somehow positive.

[url=http://aol.sportingnews.com/ncaa-football/story/2012-05-25/brian-banks-cleared-of-rape-wanetta-gibson-facebook-high-school-football-star]Brian Banks gets his good name back, but not lost years in prison - NCAA Football - Sporting News[/url]

[url=http://latimesblogs.latimes.com/lanow/2012/05/ex-football-player-accused-rape-brian-banks.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+lanowblog+(L.A.+Now]Woman who accused ex-football player of rape unlikely to face charges - latimes.com[/url])


I dont think its worth saying that he doesnt have a chance at the NFL, i dont think that really matters. I cant admire this guy enough for trying to live out his dream, regardless of how unlikely it may now be.

I dont know what kind of future in football Brian Banks will have, but i honestly believe he will be involved with sports in some form or another. Perhaps arena or another semi-pro league, or in coaching/personal or sports media. I would love to see USC honor his orginal offer, maybe the NCAA could return a scholarship if used for him.

I love underdogs more than anything espicially when coupled with second chances that are well deserved. His story is worth knowing and hopefully it will be inspiring to follow.


[URL="http://brianbanks.org/"][COLOR=#0066cc]http://brianbanks.org/[/COLOR][/URL]

Re: Brian Banks
 

I feel sorry for him, but the girl/lady got 1.5million from the school system, and she ought to have to pay every penny back, plus something to Banks.

Edit: more info

Generally I am not a cast the first stone kinda person. But in this case:

[url=http://ethicsalarms.com/2012/05/25/condemning-wanetta-gibson/]Condemning Wanetta Gibson | Ethics Alarms[/url]

generally agree with this guy here.

Re: Brian Banks
 

Stories like this are why convicting people of crimes should be as difficult as possible. So many are quick to judge our judicial system and its many flaws but it was conceived as rigid and complex to prevent this type of situation.

Re: Brian Banks
 

[quote=FRPLG;918716]Stories like this are why convicting people of crimes should be as difficult as possible. So many are quick to judge our judicial system and its many flaws but it was conceived as rigid and complex to prevent this type of situation.[/quote]

and yet it didn't

Re: Brian Banks
 

I feel bad for Banks, but at 26 and being clear of the hell he's been through I think many will want to give him all the opportunity he needs to do something positive with his life.

Gibson on the other hand, at the very least there should be a public outcry about her paying back all that money, to say nothing of the jail sentence she deserves for her manufactured story.

Re: Brian Banks
 

Well, the Redskins are among a cartoon handful of teams interested in him

[url=http://www.hogshaven.com/2012/5/30/3052564/redskins-interested-in-brian-banks]Redskins Interested in Brian Banks - Hogs Haven[/url]

Re: Brian Banks
 

Good luck Mr. Banks .

Re: Brian Banks
 

His attorney should be ashamed, based on the evidence they had or lack off, if I'm reading it right.

Re: Brian Banks
 

Good story, seems like a good person if you believe the media. Secretly taped her to get her to admit to lying -- genius.

Has pretty decent measurables, 4.6 40, strong, etc. Give him a 0% chance of making any NFL roster this year, but if he has any raw talent he could possibly make a practice squad until he remembers how to play & gets back into NFL shape. Weirder things have happened.

Re: Brian Banks
 

[quote=ethat001;919214]Good story, seems like a good person if you believe the media. Secretly taped her to get her to admit to lying -- genius.

Has pretty decent measurables, 4.6 40, strong, etc. Give him a 0% chance of making any NFL roster this year, but if he has any raw talent he could possibly make a practice squad until he remembers how to play & gets back into NFL shape. Weirder things have happened.[/quote]

Yeah I think it would take him a couple years to get acclimated back to playing football. It's a positive that he's working out but measurables only get you so far in the NFL. I'm definitely rooting for him though, and it would be even sweeter if he did it with us. The odds are definitely against him though, although this isn't your typical case of someone being out of football and trying to make a comeback.

Re: Brian Banks
 

[quote=NYCskinfan82;919206]His attorney should be ashamed, based on the evidence they had or lack off, if I'm reading it right.[/quote]


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!

Re: Brian Banks
 

That poor kid got royally screwed by some crazy bitch, I would love to have someone give him a chance and have him succeed as his revenge.

Re: Brian Banks
 

that POS that let that man sit in jail for all those years really needs to be prosecuted. it's bad enough you wrongly send someone to jail. but then you take 1.5 million? don't care how old she was, she really needs to spend time behind bars. hopefully, one day she'll get hers. feel real bad for banks but no way he makes a team.

Re: Brian Banks
 

[quote=CRedskinsRule;918705]I feel sorry for him, but the girl/lady got 1.5million from the school system, and she ought to have to pay every penny back, plus something to Banks.

Edit: more info

Generally I am not a cast the first stone kinda person. But in this case:

[URL="http://ethicsalarms.com/2012/05/25/condemning-wanetta-gibson/"]Condemning Wanetta Gibson | Ethics Alarms[/URL]

generally agree with this guy here.[/quote]

pretty much sums up how i feel. what a horrible despicable person. i'm not a lawyer but can't banks sue gibson for lying and sending him to prison?

Re: Brian Banks
 

Gibson's mother was the alleged "mastermind" but both mother and daughter are shady...and broke it seems

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?

Re: Brian Banks
 

[quote=NC_Skins;919294][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.[/quote]

What pisses me off is how could prosecutors send this guy to jail when there was no DNA? Whoever sent him to jail should be fired ASAP and never be allowed to work as an attorney again.

Re: Brian Banks
 

DNA wasn't necessary - he admitted he had sex with her. He just asserted it was consensual.

Re: Brian Banks
 

The prosecutors were faced with a he said/she said rape case. Sure, in this instance they were wrong. In many other instances, if such cases aren't pursued, more than one or two rapists walk free. You want things black and white with no grey? You're living in the wrong universe.

No matter how hard we wish it didn't - sometimes bad things happen to good people and evil goes unpunished. Right now, society owes this young man a debt it can't repay. Hopefully, steps will be taken to right as much of the wrong as possible.

Re: Brian Banks
 

[quote=mooby;919330]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.[/quote]

IMO being free is being free.

Re: Brian Banks
 

The problem I have with the system is now that we know she lied she is not getting prosecuted for any crime. WTF is that all about. That little bitch should rot in jail for the 40 yrs he pleaded down to 5. I hope for him he makes an NFL team and can live out his child hood dream and that little bitch rots in hell.

Re: Brian Banks
 

[quote=Monksdown;919370]IMO being free is being free.[/quote]

Just out of curiosity, what does that mean?

Re: Brian Banks
 

[quote=CRedskinsRule;919373]Just out of curiosity, what does that mean?[/quote]

Yeah I'm a little unclear on that myself. Are you saying being under house arrest or being constantly monitored/not allowed to leave the state is being free? Or having to register as a sex offender thereby limiting career options is being free?

Re: Brian Banks
 

[quote=JoeRedskin;919355]DNA wasn't necessary - he admitted he had sex with her. He just asserted it was consensual.[/quote]

100% correct. Had he decided to go to trial then the Prosecuter would have had the burden to prove there was some form of sexual encounter. But partially his lawyers fault, presented his client with the fact his case didn't look good and if he takes it to a trial and loses he would be looking at 40 yrs in jail. Instead the young man took the plea agreement (basically saying he did it or that there was enough proof to possibly find him guilty) and got the 5 yrs jail, 5yrs home monitering.

The weird fact is apparently all they did was go behind the school and kiss, but she stated they had sex. He was admitting they had sex (consensually) even though they did not. One would think that if he was getting arrested the same day it happened then the detectives would have taken her to the hospital to determin if she had had sex earlier that day. Unless all the evidence was inconclusive. Which would be weird. Nothing adding up but believing her story?

In any case he basically admitted it happened and took the lesser punishment. Hopefully his civil suit works for him cause I'm wondering if the fact he took the plea would wash the gov from any wrong doing. If he denied and went to trial and was found guilty then I could see him winning this case.

He has a better chance of going after the girl with a civil suit then he does the gov. I'm shocked the public is not putting pressure on the prosecuters office and the school board to go after this girl and or her family for the false police report and to have them pay the county back in some way or fashion. I'd be pissed if my local gov made this mistake and was not going to right the wrong.

[QUOTE=SBXVII;919276]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.[/QUOTE]

I laughed my ass of that you put fathers with the s!!!!!

Re: Brian Banks
 

[quote=firstdown;919371][B]The problem I have with the system is now that we know she lied she is not getting prosecuted for any crime.[/B] WTF is that all about. That little bitch should rot in jail for the 40 yrs he pleaded down to 5. I hope for him he makes an NFL team and can live out his child hood dream and that little bitch rots in hell.[/quote]

Yes! That is the problem. The decision to let her slide is just.....incompetent, irrelevant and immaterial.....

According to Banks and his private investigator, Gibson refused to tell prosecutors that she had lied, so that she wouldn't have to return the $1.5-million settlement her family won in court after suing the Long Beach Unified School District.