New Evidence May Clear Name Of Star Local Football Player Convicted Of Rape

brian banks video New Evidence May Clear Name Of Star Local Football Player Convicted Of Rape

LONG BEACH (CBS) — A former local football star who once had a full scholarship to USC and dreams of the NFL is fighting to clear his name.

Brian Banks‘ dreams all ended when he was convicted of raping a classmate when he was just 16 years old.

CBS2’s Randy Paige reports on disturbing new evidence which has some legal experts wondering if the rape ever even happened.

Banks was a star middle linebacker at Long Beach Polytechnic High School with a full scholarship to USC.

“I’m still aware of how far I have to go to getting my life back,” said Banks, referring to his life as a registered sex offender in comparison to his life before prison.

brian banks1 New Evidence May Clear Name Of Star Local Football Player Convicted Of Rape

(credit: CBS)

“I thought I was on top of the world,” Banks, who’s now 26 years old, told CBS2 of his life in high school.

Then came the day that changed Banks life for the worse.

“It’s almost hard to put in words of how one day could turn so fast,” Banks said.

In a recent court filing, Banks said it was just before lunchtime when the sophomore football star and a girl he knew decided to duck into an empty stairwell where they could have some privacy.

“We began making out, we didn’t have sex,” Banks said.

He said a few minutes later, after some heavy petting, the two went back to class.

Later that day, Banks noticed a heavy police presence on campus. Then, he said he saw the girl he had been with come out of the office with police officers.

Banks had never been in trouble with the law before. On that day in July 2001, Bank was under arrest for rape.

“The word ‘rape’ wasn’t even in vocabulary at 16,” Banks said.

The district attorney offered Banks a deal — plead guilty to rape and spend another 18 months in prison, or go to trial and face 41 years to life.

Banks said his defense attorney told him, “‘When you go into that courtroom the jury is going to see a big black teenager and you’re automatically going to be assumed guilty.’ Those are her exact words.”

The terrified teen wanted to speak to his mother. He was told he had no time and that he had ten minutes to decide.

brian banks4 New Evidence May Clear Name Of Star Local Football Player Convicted Of Rape

(credit: CBS)

“I sat there and I cried. And I asked questions and I asked why and I cried. Eighteen months sounded way better than 41 years to life,” Banks said.

Banks pleaded no contest to rape and was sentenced to six years in state prison.

Banks’ new attorney, California Innocence Project Director Justin Brooks, said hospital records show the alleged victim said Brian left his DNA evidence inside her. However, according to lab results, not a single molecule of his DNA was recovered from the victim or her clothing.

“So, Brian’s story is the only one that makes sense,” Brooks said.

The alleged victim was even caught on tape saying Banks was innocent, too.

“So, he didn’t rape you in any way?” an interviewer asks.

“No,” she responds.

In 2011, nine years after his conviction, Banks said he received a friend request on Facebook from the girl who accused him of the violent rape.

“I remember closing the laptop real quick and thinking — what did I just see?” Banks said.

Banks asked his accuser to meet him at a private investigator’s office to tell her version of what happened that day. To his astonishment, she showed up.

The investigator asked her, “Did he force you to have intercourse or anything like that?”

She responded, “No.”

The alleged victim said at 15 and 16 years old the two were young, inexperienced and curious.

“So, it was just like a petting thing, you guys are kissing and making out pretty heavily?” the investigator asked.

“Yeah,” she replied.

The woman said a female security guard saw her as they were leaving their make-out session:

“She was like, ‘Well, what were you guys doing?’ So, I was like, ‘Well, we was just down there having fun.’ And she was like, ‘Did you want to?’ And I’m like we were young and curious so yeah but she’s like, ‘Why are you sad?’ I’m like, I wasn’t said like, crying, so she just told me like, ‘Oh, he raped you.’ I never once said that word…”

brian banks accuser New Evidence May Clear Name Of Star Local Football Player Convicted Of Rape

(credit: CBS)

Throughout the interview, the alleged victim said the rape never happened.

The investigator can be heard asking, “Did he rape you?”

She replied, “No, he did not rape me.”

“Did he kidnap you?”

“Never.”

If she was telling the truth she could stand to lose, by her own account, a lot of money.

Banks accuser received a $1.5 million settlement for the Long Beach Unified School District after her mother sued the district for lack of security at the time of the alleged rape.

The alleged victim can be heard in the video saying, “I mean, 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.”

CBS2 was unable to locate Banks’ accuser at her reported address but contacted her over the phone.

She said she was raped and that she lied in this interview because, she claimed, Brian Banks offered her a $10,000 bribe.

Banks said this latest accusation doesn’t make sense and that he has a dollar and some change left to his name.

“The video is disgusting, it gives you goosebumps, to see someone who took someone’s life over a lie,” Banks said.

The district attorney’s office declined an on-camera interview, saying its policy is not to many any comments on cases that are under review.

A former deputy district attorney was willing to offer his assessment of the case against Banks.

“I wouldn’t have filed a charge, I would have rejected it,” said Steve Meister, a former L.A. County sex crimes prosecutor who worked in the same office that prosecuted Brian Banks.

“To me, it goes back to the DNA evidence and her inconsistent statements about what happened. The D.A. never should have filed this case and they should drop it now,” Meister said.

While his case drags on, Banks spends most of his time at the gym.

brian banks2 New Evidence May Clear Name Of Star Local Football Player Convicted Of Rape

(credit: CBS)

Determined to keep his NFL dreams alive, Banks said he is in the best shape of his life. but he said the tracking bracelet around his ankle serves as a constant reminder that he’s been living the life of a convicted rapist ever since he was 16 years old. Now, at 26, he’s still trying to clear his name.

“You have no education background, you have no work experience and you’re expected to live a normal life. You’re expected to come out here and get a job and act as if you never were wrongfully accused of a crime you didn’t do,” Banks said.

Banks said life as a sex offender is like living in a cell made of glass — you can see the world outside but it’s always just out of reach.

He said his only dream today is to be free.

To learn more about Brian Banks and his legal battle ahead click here.
For more about the California Innocence Project click here.

Comments

One Comment

  1. Trish says:

    This is a sad story. When are all going to learn, that the color of ones skin does not mean anything. Does not determine who you are.

    1. osiris1964 says:

      are you speaking about the black victim?

  2. marcia says:

    The alleged “victim” sounds like an idiot. She can’t even form a sentence. They ought to prosecute her. She ruined this boy’s life, got a fortune, and now still can’t be honest.

  3. Alan Hart says:

    Bring charges against the DA for making a case without a shred of evidence. They don’t care about truth, they only want to win a case!

    1. D. Law says:

      I must say that you have spoken the God’s truth!! The prosecution needs to be held accountable for their actions across the board. The day has come that there are too many people that are innocently sitting in a jail cell based on the “OPINION” of an individual they call a prosecutor. That person should have to suffer the same atrocity as those who’ve been behind the concrete walls. God bless you for speaking out!!

  4. Denise says:

    Wow this story is so sad my prayers go out to him.I believe she just doing it for the money

  5. Lovely says:

    She may be stupid, and inconsistent, but rest assure he DID IT! and he is lucky he only got 5 years. He has his life back, she will never have her innocence back. Dont believe everything you hear on the news

    1. Jason says:

      Woah watch out everybody, Lovely was the SOLE eyewitness to the alleged rape that took place over a decade ago! I’m assuming you also have in your possession the DNA evidence that proves his guilt, too, since you’re so sure that he DID IT! They should put you up on the witness stand, this trail would be over in a heartbeat. Who are you to say that Mr. Banks has his life back? It also seems like you’re an expert on life after being convicted of a felony & doing time in prison, since you’re aware how easy & back-to-normal life is for a convicted felon (irregardless of guilt or innocence).

      Bottom line? The blatant inconsistency & gross behavior of the unnamed female in the years following the incident are even more suspect given the context as told by Banks. $1.5 million from the LONG BEACH SCHOOL DISTRICT, are you SERIOUS?! There’s no telling how much of an impact that money could have had for the education of countless students across this financially strapped district. She also says she took $10,000 as a bribe. Why would you even consider risking all that, going on camera and the like, given that you’ve had $1.5 MILLION in the bank. At least her first scheme to acquire 1.5 million taxpayer dollars was smart enough not to include surveillance cameras or witnesses (Except for Lovely, of course). $10,000 for a “fake” confession recorded on camera? She’s running out of ideas here people.

    2. Kimappeal says:

      In response to Lovely, how do you know he did it? I don’t believe everything the media saids, however the prosecutors had no evidence, just her story. Based on her inconsistent story it appears to me that she lied.

    3. Grace Lou says:

      ….and what makes you think you know, Lovely. You are a sick a cruel individual. You do not know Brian Banks, but I do. He is innocent. It is idiots like you that torture society.

  6. Kimappeal says:

    In response to Lovely, how do you know he did it? I don’t believe everything the media saids, however the prosecutors had no evidence, just her story. Based on her inconsistent story it appears to me that she lied.

  7. ForInnocence says:

    If you have any information on this case, please contact the California Innocence Project at (619) 525-1485, or cainnocenceproject@gmail.com. Thank you!

  8. Michelle says:

    My heart is breaking for this poor guy. You can not beleive ANYTHING a liar says. If you were awarded 1.5 MIllion, you expect me to beleive that you lied on camera for $10,000? No, she had a moment of clarity and found a Conscious. Then got scared and realized she would have to pay all that money back. Then AGAIN she threw this poor guys life away. He can never get back what she took from him. She needs to go to jail for just as long as he did. My love, thoughts and prayers are with you Brian Banks. Don’t give up.

  9. G Donell says:

    Its a sad affair that this youngman had to endure this for all these years. I can’t understand why the D.A.even filed this case. I pray that he will get his due justice.

  10. antoinette says:

    It was heartbreaking watching brian’s interview. with everything this girl did to him why did she friend him on facebook. she said she didn’t want to payback the money given to us, is there someone else in the mix of lie and deceit. i believe what is done in the dark will come out in the light. i hope this young lady doesn’t believe in karma bcause it’s going to come back at her hard. hopefully brian can continue to be strong and just believe god will make a way.

  11. LBee says:

    This makes me sick. Because of this lying ass chick, some woman that really gets raped won’t be believed. For every lying SOB, a real victim suffers. I feel bad for this young man. I hope he’s proven innocent and sues the Prosecutor’s Office for all the money he would have made in the NFL.

  12. Kristina says:

    this makes my heart hurt. A young mans life was destroyed for money. And if that was really her apartment they had on file, the $1.5 mm settlement didn’t have that great of an impact on her life. This girl (and her family since she was a minor) should be held responsible for the TAX PAYERS MONEY they pocketed.

  13. Mike says:

    RE: Trish

    How many ppl have to get raped, murdered and beaten before ppl like you finally admit there IS a problem within the black community. I`m so sick of white ppl that never even see any blacks on the street always giving them a pass.

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