Onetime top football prospect exonerated after rape
accuser recants
Published May 24, 2012
Associated Press
Read more: http://www.foxnews.com/us/2012/05/24/onetime-top-football-prospect-seeks-exoneration/#ixzz1w8SjREwv
LONG BEACH, Calif. – The
kidnap-rape conviction of a once-promising prep football star was dismissed
Thursday following a recantation by his accuser.
Brian Banks collapsed in sobs on the
counsel table during a court hearing where a prosecutor quickly conceded the
decade-old case and moved for the dismissal.
In the summer of 2002, Banks' future
looked bright: He was a 17-year-old high school football star being heavily
recruited by a number of colleges. But in a single day that changed with the
accusations of kidnapping and rape by a female student.
He maintained there was no rape and
their sexual contact was consensual, but his lawyer urged him to plead no contest
rather than risk a sentence of 41 years to life in prison if convicted. He
followed the advice and went to prison for six years, shattering his dreams of
gridiron glory.
Lawyers for the California Innocence
Project were prepared Thursday to argue he should be exonerated.
In a strange turn of events, the
woman who accused him a decade ago friended him on Facebook when he got out of
prison. Wanetta Gibson explained she wanted to "let bygones be
bygones."
According to documents in the case,
she met with Banks and said she had lied; there had been was no kidnap and no
rape and she offered to help him clear his record.
But she subsequently 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.
She was quoted as telling 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."
Justin Brooks, a lawyer who heads
the innocence project, said that Banks has remained on probation, under
electronic monitoring, has had to register as a sex offender and has had
trouble getting a job.
He said Banks continues to train for
what he hopes will be a future chance at a football career.
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