This story is interesting. Brian Banks was a star high school football player. While in high school, he was the victim of a false rape accusation by Wanetta Gibson, after making out with her but not having sex.
His lawyer was an overworked public defender. She said “You’re an athletic young black man. No jury will believe you. Take the plea. It’s better to go for a jail for a few years. If you go to trial and lose, you could get 40 years in jail.” Allegedly, he was pressured into taking the plea deal quickly, without consulting with his parents first.
Brian Banks made a “no contest” plea. He served nearly 10 years in jail.
The girl filed a lawsuit against the school district for “not providing a safe environment”, and won $1.5M. The girl had 1.5 million reasons to make a false rape accusation, and to not recant her lie.
After Brian Banks got out of jail, his accuser “friended” him on Facebook! He proceeded cautiously. He contacted a real lawyer, agreed to meet with the girl, wore a wiretap, and got her to recant her false accusation. Based on that evidence, the conviction was overturned.
The judge who overturned Brian Banks’ verdict made an error. He should have subpoenaed the accuser, and forced her to lie under oath or recant under oath.
It is interesting, that the girl “friended” him. It’s pretty obvious what actually happened. She was really attracted to him. He turned her down. To get even, she made the false rape accusation. Once she got the civil lawsuit and the police were prosecuting Brian Banks, it was too late to recant. 10 years later, she was still attracted to him.
The girl probably will not have to give back the $1.5M she made from her false rape accusation. Also, she probably won’t be prosecuted for perjury.
There are many disturbing things about this story:
- Brian Banks was coerced into accepting a plea bargain, even though he was innocent. The plea was for 10 years in jail, but if he went to trial and lost, it could have been 40 years in jail. “You get a much harsher sentence if you go to trial and lose.” gives innocent defendants an incentive to plea. Brian Banks had a tough choice. He lost a huge chunk of his life via the plea bargain, or he would have lost almost his whole life if he went to trial and lost.
- His overworked public defender did a lousy job. The prosecutors’ budget is much higher than the public defender budget.
- A better lawyer would have gotten a better plea deal than 10 years. A better lawyer might have said “WTF? This is wrong!” and advised his client to go to trial. An overworked public defender can’t advise the client to go to trial.
- However, some people claim the public defender did a great job. After only 10 years in jail, he was able to meet with his accuser and get her to recant. He couldn’t have done that after 40 years in jail. Blame the corrupt system, and not the public defender.
- It is way too each for a woman to make a false rape accusation.
- Brian Banks didn’t have sex with her. Most false rape accusations are “The women consented, but later changed her mind and called it rape.” A woman can make a false rape accusation, even if the man never had sex with her!
- A prosecutor was willing to send a young black man to jail for 10 years, with zero physical evidence and no evidence besides the lies of a false accusation.
- The judge rubberstamped the plea deal, even though there was zero evidence.
- The girl profited from her false accusation, winning a $1.5M verdict against the government, i.e. the other taxpayers.
- The girl probably won’t have to give back the $1.5M. She won’t be prosecuted for perjury.
Brian Banks was a heavily recruited star high school football player. Now, he is hoping that an NFL team will give him a tryout.
However, Brian Banks still should have 4 years of college eligibility left. He should give college football a try for at least a year, before going to the NFL.
This story is very disturbing. The State legal system is biased against men. Divorce law is biased against men. It is too easy for women to make a false rape accusation. If you reject a women, she can get even by making a false rape accusation.