A former high school footballer, Brian Banks who was wrongfully accused of rape and sentenced to six years in prison now wants the State of California to pay him for every day he had spent behind bars.
Attorneys representing 26-year-old Brian Banks said their client is entitled to $100 a day for every day of his incarceration under state law.
Banks was exonerated this week after his accuser, Wanetta Gibson, admitted she had made up the whole story of sexual assault ten years ago and had been reluctant to come forward because of a large settlement she received from the school district.
The Los Angeles Times has reported that Gibson also had been worried it would affect her relationship with her two children, now aged four and five.
Banks, a once sought-after linebacker, collapsed in tears in the courtroom on Thursday when his case was moved to dismissal.
Banks’ exoneration came after Gibson sent him a friend request on Facebook when he left prison in February of 2011 with a tag. In a message, she explained she wanted to ‘let bygones be bygones’.
Banks’s lawyer, Justin Brooks, told KPCC that Gibson and Banks met and she was caught on video saying there there had been no kidnap and no rape, and would help him clear his record. Yet she refused to repeat the story to prosecutors as she feared she would have to return a $1.5million payment she won after her mother brought a suit 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.’
The 26-year-old has said he does not plan to pursue legal action against his accuser, and Los Angeles prosecutors have said it is unlikely Gibson will be charged with making false accusations, saying it would be a tough case to prove.
Banks, with his attorneys Justin Brooks and Alissa Bjerkhoel, after the charges are dismissed. It comes after the accuser contacted him to say the rape did not happen
Banks was jailed after Gibson accused him of rape in 2002, when he was just 16 and being heavily recruited by a number of colleges, including USC, which had offered him a full scholarship.
He was on the way to the school office to talk about his college applications when he bumped into Gibson, a fellow student, and they went to a stairwell to make out, Brooks told KPCC. He pointed out that they did not have intercourse.
He explained that Banks said something to upset Gibson and they parted on bad terms. She later accused him of kidnapping her, dragging her across the school and raping her in the stairwell.
Investigators tested her but found no physical evidence of rape, Brooks said. Banks maintained they had not had sex and all sexual contact had been consensual.
Yet his then lawyer encouraged the promising student to plead no contest to the kidnap and rape charges, warning Banks he could get 41 years to life in prison if convicted. Expecting he would serve just 18 months instead, he followed the advice and pleaded no contest. He was in prison for six years.
While there, his case was taken on by Brooks, a lawyer who head the California Innocence Project.
Brian’s story is so compelling, and his case for innocence so clear, we knew we had to take this on,’ said Justin Brooks. ‘
Brian lost a huge part of his life when he was unjustly sent to prison.’
Brooks said Banks has remained on probation under electronic monitoring, has had to register as a sex offender and has had trouble getting a job. After the exoneration on Thursday, Banks added:
My only dream in the world is just to be free… For years, I felt like a toy with the switch cut off, sitting on the shelf.’
Banks continues to train for what he hopes will be a future chance at a football career in the NFL.
This is a kid who was a superstar,’ Brooks added.
He would be playing the NFL now if this hadn’t happened.”