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View Full Version : Niners, other teams express interest in wrongfully convicted ex-prisoner



350legend
06-09-2012, 11:53 AM
Thats why everyone deserves a second chance!! At 26 years old he still fairly young, if he still plays at a high level< why not give him a shot.



SANTA CLARA – The 49ers are one of a handful of teams interested in Brian Banks, the 26-year-old linebacker from Southern California who was wrongfully incarcerated for five years.
Banks had a workout Thursday with the Seahawks and one Friday with the Chargers, agent Bruce Tollner said. Tollner said Banks has several visits scheduled next week, but there is nothing concrete with the 49ers at this point.
Banks was a star linebacker at Long Beach Poly High School a decade ago, and during his junior year he made a verbal commitment to play at USC.
When he was 17, however, a teenage girl he had known all his life accused him of rape and kidnapping.
Banks pleaded no contest on the advice of his attorney, and he served more than five years in prison. He spent the past five as a registered sex offender. The woman, however, later recanted her story. He was completely exonerated in a hearing last month and has been trying to resume his life.
"This is a great illustration for us why people deserve a second chance," Seahawks coach Pete Carroll, who was at USC when Banks committed to the school, told the Seattle media Thursday. "Because of what he has overcome and because of what lies ahead for him in his life. This is just one step, but it's a step he's been dreaming about for a long time."
One of the first steps a prospective team must take is deciding which position Banks would play. Tollner said some teams envision him – he's 6-foot-2, 240 pounds – as an inside linebacker, some see him playing outside linebacker.
The 49ers' bigger need is at outside linebacker after both of their draft picks at the position, Darius Fleming and Cam Johnson, went down with knee injuries. Johnson is expected back for training camp; Fleming is likely out for the season with an ACL tear.
Banks has been working out with a trainer in Orange County but is not yet in football-playing condition. After being released from prison in 2007, he played a season at the junior college level. But the terms of his probation were altered the following year and he was unable to continue playing.
Carroll and the Seahawks invited him to take part in their minicamp next week on a tryout basis



http://www.sacbee.com/2012/06/09/4549472/niners-other-teams-express-interest.html

#24 Next Champ
06-09-2012, 11:59 AM
I would never in my life plead no contest to rape and kidnapping if I didn't do it (which obviously I never would)

But just wow, how do you do that?

Al Wilson 4 Mayor
06-09-2012, 12:01 PM
I hope he has a successful life.

350legend
06-09-2012, 12:02 PM
Under pressure (for a lot of people) do just about anything for a easy way out. All he can do @ this point is move foward to continue what he loves to do, FOOTBALL.

350legend
06-09-2012, 12:03 PM
I do too. For the sake of his family and of course, himself

MarkB
06-10-2012, 04:44 PM
@ByTimBooth (https://twitter.com/ByTimBooth/status/211941030197596162)
Just confirmed with Brian Banks' agent that he has accepted the #Seahawks offer to attend minicamp beginning Tuesday.

350legend
06-10-2012, 05:13 PM
[QUOTE=MarkB;4448226]@ByTimBooth (https://twitter.com/ByTimBooth/status/211941030197596162)
Just confirmed with Brian Banks' agent that he has accepted the #Seahawks offer to attend minicamp beginning Tuesday.[/QUOTE

Good for him...... Now he gets a fresh start @ life again!!:thumb:

Hadez
06-10-2012, 08:20 PM
Some more info about the surrounding circumstances from the LA Times


A day after a former high school football star had his rape conviction dismissed, attention focused on the woman who recanted the sexual assault claim she made 10 years ago.

Wanetta Gibson was a high school sophomore when she accused Brian Banks of raping her at Long Beach Poly High School. She and her family sued the school, receiving a $750,000 settlement, and Banks spent five years in prison after pleading no contest to forcible rape

Even though a judge tossed out the rape charge Thursday, it remains far from certain whether Gibson, 24, will face any consequences.

Banks, now 26, said he wants to put the ordeal behind him.

"We do not plan on taking any legal action against Gibson," said Banks' attorney, Justin Brooks of the California Innocence Project. "We do plan on filing a state claim for the $100 a day Brian is entitled to under state law 4900 for every day he was wrongfully incarcerated."

L.A. County prosecutors have said a case against Gibson for making false accusations would be tough to prove.

Legal experts said it could also be difficult for the Long Beach Unified School District and its insurer to get the settlement money back.

Then there is the reality of Gibson's life.

Court records suggest she has few assets: She received public assistance for a time and her children, ages 4 and 5, still do, according to two suits brought by the county in an attempt to collect child support.

Gibson, who could not be reached for comment, was ordered initially to pay $600 a month toward their support. But in the last year, county officials said she didn't have to pay anything, citing a lack of income and employment.

According to Banks and his private investigator, Gibson refused to tell prosecutors that she had lied, so she wouldn't have to return the money she and her family had won in court.

She also said she feared it would affect her relationship with her children, Banks' attorney said in court papers.

The statute of limitations for making a false claim is four years, but experts say it could restart when a previously hidden crime is discovered. In this case, Gibson testified in 2003 during Banks' preliminary hearing, but recanted her accusation last year. "No, he did not rape me," she told Banks and his private investigator in a recorded conversation.

"The prosecution can say that we only learned last year that the crime of perjury occurred and therefore we are still within the statute of limitations," Loyola Law School professor Stan Goldman said.

The fact that Gibson was a juvenile when she initially made her accusation poses a potential complication, as does the fact that she has since recanted her recantation. But Goldman said the large monetary settlement she received might make charging her a priority for prosecutors trying to ensure the integrity of the criminal justice system.

There is no official investigation by Long Beach police into Gibson's conduct, but officers are "reviewing the matter" and "will be in consultation with the district attorney's office following the review," said Lisa Massacani, a department spokeswoman.
As for the money Gibson and her family received, the school district declined to comment. The attorney who represented the district in the civil negotiations said the confidential settlement paid Gibson $750,000 and not the $1.5 million cited in Banks' court filings. Attorney Allen L. Thomas said that during the three-year case, he doubted Banks' guilt on many occasions.

"When I took his deposition in prison, I felt like I was facing an innocent man," Thomas said.

Ultimately, the decision to settle lay with the district's insurance company, he said. Thomas said that the district had not asked him to revisit the case in light of Banks' exoneration, but that he was personally troubled and believed "someone should look at it. Did she perpetuate a fraud on the government?"

Gibson had reached out to Banks on Facebook last year because she felt guilty that he wasn't able to go to college and play football, and she had "a desire to make amends," Banks' attorneys said in court documents.

When Banks heard from her, he recalled, "I stopped what I was doing and got down on my knees and prayed to God to help me play my cards right."

She agreed to meet him and a private investigator. Their conversation was taped, and her admission provided enough evidence for the California Innocence Project to take his case — and for the judge to dismiss the conviction Thursday.

"It's been a struggle; it's been a nightmare," said Banks, who's now focusing on his NFL dreams. "It's more than I can describe, the things that I've been through."

http://articles.latimes.com/2012/may/26/local/la-me-rape-dismissal-20120526

Hadez
06-11-2012, 08:12 PM
anyone care to explain why a conversation that did not seem to violate any rules was deleted so we can make sure and not cross those lines again?

ebsoria
06-11-2012, 09:28 PM
anyone care to explain why a conversation that did not seem to violate any rules was deleted so we can make sure and not cross those lines again?

I don't see anything deleted. Or am I missing something??

MarkB
06-11-2012, 09:31 PM
I don't see anything deleted. Or am I missing something??

There was like 2 or 3 pages of Hadez, Alastor and others discussing whether or not the girl who falsely accused Brian Banks should be punished.

ebsoria
06-11-2012, 09:34 PM
There was like 2 or 3 pages of Hadez, Alastor and others discussing whether or not the girl who falsely accused Brian Banks should be punished.

Ah. Thank you, MarkB.

In that case.. Hadez.. if you have an issue I suggest you post it in the Community Issues section. I'm sure there you'll get the clarification you're looking for.

bronx_2003
06-12-2012, 08:31 AM
Its all in the PR section under the Banks thread title

roushmartin6
06-12-2012, 11:22 AM
Good luck to him. He probably could have started over Webster or Winborn in 2008 lol

Hadez
06-12-2012, 10:48 PM
Good luck to him. He probably could have started over Webster or Winborn in 2008 lol

yea no doubt I got sidetracked but the real story is what character Brain Banks has.

I am pretty sure if I was Brian Banks the story would have been much different

fallforward3y+
06-15-2012, 04:01 PM
yea no doubt I got sidetracked but the real story is what character Brain Banks has.

I am pretty sure if I was Brian Banks the story would have been much different

no kidding...she deserves to be treated like they treat rapists in prison..actually raped, then beat to death


It makes it even worse that they sued the school and won..I love America, but hate that part of us. Even if he really had raped her, the school is not accountable. I HATE that people can do that, I love America..but thats are biggest flaw. Stories like this are why I've learned to try and not get mad at anything I hear anymore, otherwise I'd be going crazy right now, since its like the worst thing in the world.

Its a good thing he is still getting his chance though, hopefully he does well

To take a side note so I dont think about this injustice, I wonder how he feels about the decline of real football over the last few years..being that he's a Linebacker. In a few years, the game may go so bad that a player into the tackling aspect doesn't even want to play it.