The Trials of Brian Banks: From Prison to the NFL

2/23/2014

Brian Banks, smiling with a newspaper proclaiming his innocence

Brian Banks was 16 years old when his life was changed forever. By all accounts he was a gifted athlete destined for a colorful career in college and the NFL. But when he and a high school acquaintance named Wanetta Gibson stole off into a stairwell on campus to make out, he emerged as the alleged perpetrator of a kidnapping and rape. At 16, he was headed to prison as a rapist, and his NFL dreams were over.

The Past is Prologue...

In 2002 when Brian Banks was charged with kidnapping and rape, he was a bright star at Long Beach Poly High School. Had his life not been interrupted, he likely would have attended USC, whose Pete Carroll had already offered Banks a full ride scholarship. Even in 2012, after Banks had been exonerated and was being looked at professionally, it is quite clear that Brian was indeed headed for athletic greatness.

Source: Sportingnews.com

Source: 10news.com

Like … dead-lift 545 pounds, box jump 55 inches flat-footed, broad jump 10-plus feet and run a 4.6 40, all at 6-foot-2 and 245 pounds. NFL trainer Gavin Macmillan, who has volunteered to train Banks for free, says he has a shot. "You see him run and you can see why USC wanted him."
NFL Trainer Gavin MacMillan on the recently exonerated Brian Banks (26)

Accusation and Plea

When Wanetta Gibson accused Banks of the kidnapping and rape, there really wasn't much to the case. There was He Said/She Said testimony from the two parties. There was no rape kit. And there were no witnesses. In retrospect, it kind of adds up. But unfortunately, the issue of rape is a sensitive one and Brian's physical attributes worked against him. Because he was a large athletic young black man, his attorney insisted he take a plea instead of fighting the charge. Three times Brian refused the pleas offered to him. 25 years, 19 years, 12 years, none of these were acceptable to Brian - he was innocent. A trial would have Brian facing 40+ years in what his attorney termed a sure conviction. Finally his attorney (for whose services Brian's mother had sold her house and her car to finance) came to him with a 'sweet' deal. Brian would plead guilty, then serve 90 days in Chino for observation. After that he could receive either 6 years, 3 years, or probation. His attorney GUARANTEED Brian that he would receive probation. He just wanted to go home, and took the plea. After his 90 days in Chino, what Brian referred to as the hardest 90 days of his life, he returned to court. The judge gave him the maximum available, 6 years with time served, which amounted to 5 years and 2 months. He would also serve 5 years probation and was now a lifetime sex offender.

It was while on probation that the thought of returning to football occurred to Brian. After believing he had lost any chance of playing again, Brian got an opportunity to participate in a league associated with the community college he was enrolled in. After become used to the fact that he would be able to play again, fate once again pulled the rug out from under him. A new law had been signed requiring ex convicts such as Brian to wear GPS ankle monitors at all times. He would no longer be able to play football as long as he was on probation. He was restricted from parks, schools and zoos and was lucky to find a job unloading docks.
Then luck smiled on Brian.

Guilty Conscience (How Facebook Helped Overturn My Rape Conviction)

About a year before the whole house of cards came crashing down, Brian received something on his computer that he never could have imagined.

It was a friend request. From Wanetta Gibson, his alleged 'victim'. Accompanying it, a message, the contents of which sent Brian reeling.

"I figured you and I could let bygones be bygones. I was immature then, but I'm much more mature now."
Wanetta Gibson in a Facebook message to the man she accused of raping her

Banks couldn't believe what he was reading. Even more surprising? She wanted to meet him face to face! He was dumbstruck, and called his brother Freddy for advice. It was a smart move.

Freddy's advice? Simple. 'Whatever you do, make sure you play chess, not checkers." And that he did. Brian hired an investigator at whose office the meetings took place. Surprisingly, Wanetta was more than willing to acknowledge the truth about what really happened that day in the stairwell. She seemed willing to help him in any way she could, save one. She didn't want to publicly acknowledge what had happened, because that would mean turning back over to the school district the money she had won in a settlement, some $750,000 due to 'lax security' that had allowed the 'attack' to take place unnoticed. That's right, in addition to the rape charge, Wanetta had successfully sued the school district, receiving a major payout.

That might have been it, but Brian was playing chess, not checkers. The entire conversation was secretly videotaped. Brian wasn't losing this round. He had uncovered a golden ticket and this one he was cashing in.

And Wanetta's reason for coming forward after all this time? As bizarre as it sounds, Banks believes she wanted to re-unite with him. Others who worked on the case and saw all the correspondence came to the same conclusion. One person remarked that she seemed completely clueless as to what she had done to him.

A still from the secretly taped confession

"I will go through with helping you but its 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." - Wanetta Gibson

Lifting Back the Veil

After the meetings where Wanetta implicated herself as fabricating the entire rape charge Brian took what he had to the California Innocence Project. Their involvement here was unique because Brian was already out of prison, circumstances they were quite unfamiliar with. However, with their help the videotape was brought to the attention of the Los Angeles District Attorney's Office who then launched an investigation. It ultimately concluded that Banks was indeed wrongly convicted.

On Thursday, May 24, 2012, Judge Mark C. Kim of the Los Angeles Superior Court officially reversed Brian Banks' original conviction, clearing his record, and ending all conditions of his prior probation.

Brian Banks in tears as his conviction for rape and kidnapping is reversed

Brian Banks: Exoneree, Professional Linebacker

Brian walks out of the courthouse free and clear

#53 Linebacker Brian Banks, 2013 Atlanta Falcons

In 2012 Brian signed as a free agent to the Las Vegas Locomotives of the United Football League after entertaining interest at several NFL teams, including the Seattle Seahawks, where the aforementioned Pete Carroll now worked. In 2013 the Atlanta Falcolns signed Brian where he played a couple games in the preseason. He is currently a free agent.

Wanetta Gibson has since recanted her confession, telling at least one reporter that Brian Banks paid her off to make the statement that got him released. She has also been ordered to pay $2.6M to the school district that she sued in 2002. She's lucky that she is not in prison herself for the harm she has caused. To Brian Banks, to the school district, to the problem of rape itself, whose victims often remain silent because they believe that no one will believe them. I'm used to writing these stories and trying to balance between respect for the true victims and keeping an open mind for someone who is possibly wrongly accused. This case is different. The wrongly accused IS the victim. His life was thrown out of balance not due to corrupt prosecutors, lying policeman, racists within the system, misidentifications, or anything that is interpreted incorrectly that leads to an unjust arrest. This case is simply of one bad person who took it upon herself to ruin a young man's life. No questionable circumstances. Just a liar with no conscience.

Brian Banks has forgiven his accuser. I'm unsure how many reading this think they could do the same in his position. But even if he never plays in the NFL again, he has his heart and his soul. He has emerged victorious in his struggle and he has kept his humanity. For that he is truly worthy of our respect and admiration.

Today Brian is a free agent in the National Football League, a motivational speaker, and speaks around the nation telling his incredible story working to help free other wrongly convicted people.