theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

News

Former high school football star Brian Banks exonerated on rape charges

by theGrio | May 24, 2012 at 4:32 PM
Comments
Print
Brian-Banks-Innocent

Brian Banks (Photo: brianbanks.org)

Related Posts

  • Seahawks confirm tryout for Brian Banks
  • Exonerated Brian Banks may have a future in baseball
  • Brian Banks, linebacker exonerated in rape case, signs with Atlanta Falcons
  • Brian Banks, ex-football star falsely accused of rape, wants money from state
  • Brian Banks offered minicamp tryout with Seahawks

LONG BEACH, Calif. (AP) — A former high school football star whose dreams of a pro career were shattered by a rape conviction burst into tears Thursday as a judge threw out the charge that sent him to prison for more than five years.

Brian Banks, now 26, pleaded no contest 10 years ago on the advice of his lawyer after a childhood friend falsely accused him of attacking her on their high school campus.

In a strange turn of events, the woman, Wanetta Gibson, friended him on Facebook when he got out of prison.

BRIAN BANKS WANTS TO CONTINUE HIS FOOTBALL CAREER

In an initial 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.

Gibson did not attend the hearing on Thursday.

Banks, once a star middle linebacker at Long Beach Polytechnic High School, had attracted the interest of such college football powerhouses as the University of Southern California, Ohio State University and the University of Michigan, according to the website Rivals.com, which tracks the recruiting of high school football and basketball players.

Banks said he had verbally agreed to attend USC on a four-year scholarship when he was arrested.

He still hopes to play professional football and has been working out regularly. His attorney Justin Brooks appealed to NFL teams to give him a chance.

Banks said outside court Thursday that he had lost all hope of proving his innocence until Gibson contacted him.

“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?”

He said he knew that if he became angry when he met with her it wouldn’t help, so he struggled to keep 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.

In court, Deputy District Attorney Brentford Ferreira told Superior Court Judge Mark C. Kim that prosecutors agreed the case should be thrown out. Kim dismissed it immediately.

Banks had tried to win release while he was in prison, but Brooks, a law professor and head of the California Innocence Project at California Western School of Law in San Diego, said he could not have been exonerated without the woman coming forward and recanting her story.

Brooks said it was the first case he had ever taken in which the defendant had already served his time and had been free for a number of years.

Banks remained on probation, however, and was still wearing his electronic monitoring bracelet at Thursday’s hearing. His lawyer said the first thing the two planned to do was report to probation officials and have it removed.

“The charges are dismissed now,” Brooks said. “It’s as if it didn’t happen. … It was the shortest, greatest proceeding I’ve ever been part of.”

Banks had been arrested after Gibson said he met her in a school hallway and urged her to come into an elevator with him. The two had been friends since middle school and were in the habit of making out in a school stairwell, according to court papers.

There were contradictions in Gibson’s story, as she told some people the rape happened in the elevator and others that it happened in the stairwell.

A kidnapping enhancement was added to the case because of the allegation Banks had taken her to the stairwell. That enhancement also was thrown out Thursday.

Outside court, Banks donned a sweat shirt that read “Innocent,” as several friends and family members wept. His parents were jubilant, and Banks thanked them for standing by him.

“I know the trauma, the stress that I’ve been through, but I can’t imagine what it’s like to have your child torn from you,” he said. “I don’t know what I would have done without my parents.”

Copyright 2012 The Associated Press.

  • Valerie Gibbs professional photo courtesy of the Administration for Children's Services (Daily News)
    Next Story:

    Bronx foster mom gets treated to makeover, photoshoot for years of service

  • Kyle Morrison Arrested After Attempting to Streak at Game (NBC Miami)
    Previous Story:

    Miami Heat playoff game streaker says he did it for Rick Ross

Filed in: News, Sports | Related Topics: Brian Banks, Brian Banks Innocent, California, Football, Long Beach Poly, Rape, Rape Conviction, Wanetta Gibson
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • Chef describes Michael Jackson children’s lives to jury Chef describes Michael Jackson children’s lives to jury
    • Lil Wayne addresses US flag flap Lil Wayne addresses US flag flap
    • Tracee Ellis Ross launches ‘Hair Love’ campaign Tracee Ellis Ross launches ‘Hair Love’ campaign
    • Bumps in Booker’s path to US Senate Bumps in Booker’s path to US Senate
    • Bill would honor Buffalo Soldiers’ role in parks
    • Allen West: Women in combat are threat to ‘American warrior culture’
    • Miami Heat’s NBA Finals fashion
    • Drug testing for food stamps?
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • President Barack Obama is greeted by Britain's Prime Minister David Cameron (L) at the official arrival of the G8 leaders at the G8 venue of Lough Erne on June 17, 2013 in Enniskillen, Northern Ireland. The two day G8 summit, hosted by UK Prime Minister David Cameron, is being held in Northern Ireland for the first time. Leaders from the G8 nations have gathered to discuss numerous topics with the situation in Syria expected to dominate the talks. (Photo by Matt Cardy/Getty Images)

    Polls: Obama ratings start to slip

  • Obama on Father's Day reflects on his absent dad

  • Obama honors first time WNBA champ Indiana Fever

  • President Obama: Dad 'is the best job'

» Read More in Politics

Business

  • Jay-Z (YouTube)

    Jay-Z announces new album

  • Dunkin' Donuts: Workers who endured racist rant will be 'honored'

  • Greene Scholars seeks to place black youth in STEM jobs

  • 29-year-old hedge fund boss preying on African-Americans arrested

» Read More in Business

Living

  • Serena Williams

    Serena Williams works teeny bikini on Miami Beach

  • Daughter inspires mom's natural hair care company

  • ‘From Fatherless to Fatherhood’

  • My father called: Gays, marriage and the evolving black perspective

» Read More in Living

Inspiration

  • Singer Adele arrives at the Oscars at Hollywood & Highland Center on February 24, 2013 in Hollywood, California. (Photo by Jason Merritt/Getty Images)

    Adele honored by Queen Elizabeth II

  • Man finds father through Facebook

  • South Africa's interracial couples

  • Mandela grandson feels 'pressure' of legacy

» Read More in Inspiration

Entertainment

  • Bill Cosby and his late son, Ennis Cosby (Facebook)

    Cosby pays tribute to his late son

  • Beyoncé, video game company settle lawsuit

  • New film explores 'How to Make Money Selling Drugs’

  • 'Sesame Street' on parents in prison

» Read More in Entertainment

News

  • A photo of Emmett Till is included on the plaque that marks his gravesite at Burr Oak Cemetery May 4, 2005 in Aslip, Illinois.  (Photo by Scott Olson/Getty Images)

    Trayvon Martin case haunted by Emmett Till

  • Woman sentenced to death at 16 is freed

  • Chad Johnson released from jail after butt-slap

  • Supreme Court to hear NJ housing discrimination case

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP