« The Generation Why Podcast

Brian Banks - 417

2021-04-11

July 8th, 2002. Long Beach, California. It was a normal day in summer school for Brian Banks. He left class, and saw his acquaintance Wanetta Gibson in the hallway. They decided to sneak off to the stairs to spend some time away from the prying eyes of teachers. But that was his story. Wanetta told a very different account and Brian was arrested. What happened in the stairwell that day? Join us as we discuss a case involving two friends and the consequences that followed it.

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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Join wondering class in the wondering app to listen ad free from wondering doing tonight are doing guy just. How are you doing all right? I heard you got your first shot. Yes, I got my first covert vaccination.
and so far my arm is sore, but man I'm a good spirits. Why to finally get this thing going? I know Other places in the world do not have the same access that we do. I my first shot. You know like a month ago and my arm. So bad that I had trouble sleeping that night. The next day I was pretty tired. I don't I was tired because of the shot. I was just tired because I haven't slept my second shot I actually had some weird symptoms, I had a really hard time, focusing with my eyes I like became far sighted placards. everything far away, but I couldn't see anything a close which probably not Is it got me off my phone for a day? You know, after about eighty, twenty four hours? I was totally back to normal. Everything was fine, but everyone have talked his had weird results, but nothing major. So it's been good,
So someone tweeted address whenever Justin from generation. Why ass Aaron? What are we talking about today and I think of pinky from Pinky, and rain asking the brain. What are we tonight brain well were planning to do over the world, that's it. But this is funny. at people as the saying as with Pinky in the brain today. I've heard were so I'm gonna be grateful. I dislike that people are thinking about us. That's very nice. It feels like we're all getting less less less sunlight less being in the office are right well that last ones not so bad, but aren't you ready for more, you probably already Oh that price line is a leader in online travel, deals with deep discounts on flights, hotels, rental, cars and more. But did you know that with price line you can save up this
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most of the women I know have been assaulted in some way women are either afraid or ashamed to report when they ve been raped. Some women report that they ve been raped and they kept brushed off women report, the raven literally get Ray victimized by the system. So it's very important that people do report. This is import that. The system response appropriately and one of my favorite questions. I always love to ask. People is would you ever accept a plea deal if you are absolutely innocent. So with that and what are we talking about tonight mild tonight? We're talking about Brian Bank? who, on July, two thousand two left a class and then
saw someone. He knew an acquaintance named one at a Gibson in the hallway and well. They talked in decided to go off somewhere, private and. after that brain was arrested for rape. This took place in long beach. California had the long Beach Polytechnic high school now one that was if years old, at the time she was a year younger than Brian dead, no need there for many years. She claims that this was consensual at all and got her mother, multiple friends and teachers involved. Now Brian, he was the high cool football star. He was sixteen years old. He was a big guy, can't play football and feel a little person. I guess
but he generally stay out of trouble in high school. He had dreams and aspirations of playing in the fell and was the eleventh ranked high school linebacker in the nation Hanta after this event Brian would be at home, sleeping and the police good barge into his house rip him out of bed. Put him handcuffs and taken to their squad car with any explanation of what he was being charged with. According to Brian was a completely normal day, he was in summer school there wasn't a lot of kids there, but class was still in session. he ran into her in the hallway and they agreed to go to the make out area and the spot was and these seven hundred building the long Beach polytechnic campus. So his account is. Everything was fine
they went downstairs into this empty stairwell and had consensual encounter where they just made out he doesn't even say they had sex or anything like that. But it was twenty five p m that day when he was given bail of a million dollars for this rape, so Brian and his mother are not rich. They are regular people long beach back at the nineties and early two thousands wasn't the best the town of you know and the area fact a lot of people move a long beach, because it's the only affordable area, so ion and whenever both give their state, hence about what happened and you say that are drastically different. Brien's version of events are basically that He saw when Nedda exiting the bathroom and Astrid
come over, so he could talk to her and then He said: let's go into the elevator isa. The intention was that he and she we'll go to the stairs. To mess around. This is the make out area in the seven hundred building and Brian did say he did want to have sex with one. better, but we just going to see what happened. He gave an account what happened in the elevator here He put his arm around her, but he didn't kill. Or otherwise touch her, and they were Down the hallway, after exiting the elevator and when they got to the stairs he said they kissed, and had a consensual encounter which did not of sex, but they were making out and he said at one point he did on zipper pants but she said she didn't want to do that. So he said he stopped and then he heard someone at the top of the stairs, and so they quickly
got themselves together and laughed, he was summer school, so he could graduate. school and go on to college. In do his NFL dream and he knew that if he was caught in the stairwell with anyone, you'd be kicked out of summer school, where he would be put on suspension whatever was he knew that would interrupt his career goal and because of his accomplishments, he had knowledge is approaching him and sang we'll pay. Your I just come to our school and that included his. choice, which was you I see now when ETA also gave statement, She says he picked her up they got the elevator they went stairs is where she says he pulled her pants off and then raped her, and then she returned a class and pass the note to a classmate that classmate recall that when ETA didn't seem upset at all so this
No is essentially one at a telling this classmate whose named Cheryl Washington that she was raped. It ends with note saying that Brian didn't use a condom, so school ended at twelve thirty in it. To noon and one had met her sister outside her sister Erica roads now Erika could sense. Thing was going on with when ETA and started asking her did something happen, but whenever I didn't answer her now, they walked past Brian banks and that's when one at told Erika that Brian made her have sex with him. And Erika said we need a report this, and so they went back into the school. And this is where she gives her first accounts to the school. This involved, the assistant principle, the co principle and the principle. This is where it gets
Ikey Justin. We have someone giving an account people take notes, and many people Went up asking questions: this is how it works. If she had gone to the Lee station is well we'll. She told the assistant principle that brine She met Brian in the seven hundred building he pulled up or sure. Then he pulled down her pants and that's when he did it She told Gwen MAC and Grand MAC as the co principle that she was in the bathroom and she ran Brian and he pulled into the elevator and they went down the stairs and that's where he pulled her pants down, and did it so far. This isn't that different you know, if is something traumatic happens to you just say what happened here in here. So I'm following along, Then she went on to tell Sean Ashley that
she was in the seven hundred building again ran into brine here, asked if she could help him with something in the restroom when she stopped To get water at the water fountain Brian behind her picked her up and put her and into the elevator. when they got out. They walked down the hallway holding hands. Now this hallway has classrooms on sites. I dont know how many students were there during summer school, but there are multiple students there, so it is possible that somebody could have seen them. Once they reach the stairwell, though that's when they began having sex Brian told her to be quiet, because someone was at the top of the stairs and could hear them one at a look and she saw a girl at the top of the stairs talking on her phone afterwards, Brian, through the doors by the stairs and one that I went to the bathroom before returning to class. But she didn't tell anyone what happened now that account doesn't
Really allege rape but its insinuated dealing. Difference here is now she's speaking with the principal Sean Ashley, and it does seem like different account to me, but you have to under when someone's telling a story. They don't really want to tell maybe that's why the story feels a little more vague. Even though there are more details, it's more vague on the actual rape and maybe aspect he's not comfortable talking about it? Absolutely solely the police would arrive at the school and get a stable. From her. She will claim that she left class to use the bathroom in the seven hundred building again she's Brian and he asked. if she need help in the bathroom Brian told her? to come over here and motioned to the elevator she didn't want to, but one elevator doors opened. He grabbed her and put her inside. He try
to remove her clothing. But she told him to stop. He grabbed her hands and led her down the hallway they pass by two classroom the doors were open and there were students inside they went the bottom of the stairs she tried to call for help because she's call girl at the top of the stairs, but Brian told her to be quiet. He then raped her and hold her not to tell anyone and to go back the way she came so close to her previous story. Just a few, details now I was given a rape kid she had this down. within three hours of the incident no seamen was found? No bodily fluids were found anywhere on her body. Now it wasn't said if he had ejaculated It wasn't said how long this really took place, so it is past
all that no bodily fluids were exchanged if it was very quick, but no seamen was found and no dna was on her clothing, nothing better. And dna was not on her body at all. Now, Brian, like we said, was arrested. And given a million dollar bail, obviously he's not getting out so at this point, Brian is in a juvenile prison. Peace behind bars, trying two, lawyers trying to mount some sort of defence here be allayed district attorney they charge Brian with two counts of forcible rape. One count autonomy with US special circumstance of kidnapping because they're saying he forced her on the hall and into the stairwell, or he forced her into the elevator than down the hall and
to the stairwell. So that's the kidnapping charge the state hired a psychologist who evaluated Brian. They said that he was far beyond and his age and that he showed no remorse for the crime and that this he was so heinous that here could be tried as an adult. We go from juvy to adopt prisons here and he seventeen years old. So that's quite a while I'll do spend by bars waiting to hear what will happen. His lawyer Elizabeth Harris says. There's hope, because I think I've got a pretty good deal on the table for you now you started out the episode saying if you believe, didn't do something. If you know you didn't do something, would you take a plea mean? That's The plea deals all about you can avoid a trial where you don't know. What's going to happen,
you don't know what the sentence will be. A plea deal gives you something real straightforward. You know what you're bleeding to and you oh, what your time behind bars will be. If at all, and if there's probe she had so his attorney, says look, we could go to trial. But you'll get in all White Jerry and they're gonna Look at you with this big young guy who can easily pick up a woman and take her to a stairwell and there. it's going to assume you did it hurt This is a quote from Brian banks: you're a big black teenager with an all. Why Jerry? What do you think they're gonna do So what do you know? What do you say? You say you need to talk to an attorney, because an attorney will give you good advice, because, They have experience, they understand the law and Brian well, he's gone, of in a tough spot because he knows he is facing a trial is
so being told. You can't talk to your mother right now so yeah. the decision in. I think what they gave him ten minutes, so he had to think. Will I take the plea deal or go to trial? Here's what the offer, we was according to his attorney. This deal says plead no contest. one count of sexual assault you'll get in Andy Day observation period at Chino State prison. After that time, if you have a good report, you have a choice, as for probation after review, so she me said sound like you're not really serve any time now, she's says. The sentence would be eighteen the five years with guarantee probation now Conversely, he's looking at up to forty one years, if a jury finds him guilty on all these counts, so eighteen months. The five years may be less right
we still gonna be a young man. We gets out even if he gets the maximum amount of time. That's where we come up with this question. Are you Look at this question. Would you take a plea deal because Bryant Banks, he said he never this? We already told you what his statement was. He made out conceptually with one ETA. But that's it. Take a moment to get a word from our sponsor third love, their love, you, is the measurements of millions of women to design their brows with all day comfort and support in mind there, like a personal shopper for your boobs, the fitting room quiz focuses on size brush shape. current fit issues and your personal style to deliver brows and underwear that are perfect for you, it's time to make a break with that bad bra and fall in love with better bra An underwear because you deserve it. Third love is the ultimate go to lounge, where they have premium cotton fabrics, one hundred percent, cotton, French, Terry and war.
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with literally thousands of levels and updates and new content added all the time playing for a while, I'm a little obsessed errands in playing less time and he's way past me on the levels right now so banks and with best Viens, there's something new. Every and tomorrow. So if you get tired of solving puzzles with best means the fun never ends. Just don't blame me if you get slightly obsessed, download best fiends free today on the apple, app store or Google play that's best friends without the are best fiends. August twentieth, two thousand three Brian made his decision. He chose to bleed no count as to the charges I mean you're you're told three months: Europe probably out and you're good. Forty one years, that was the two things he was wearing out there. They did say
that you know it could be anywhere from three months and probation to up to five years, but they never do that. So you'll be fine, So he pleads no contest and what are they given? Their will exit through that ninety day, evaluation period so Brien's will be pretty hopeful at that point. But then his case was review for sentencing in October, eighth, two thousand three, they sentence M to six years after he was released. He was wired to register as a sex offender for them tat his life. Now he didn't serve that for six years, he served five year, two months of course, this is crushing to him and his mother, because again he was expecting a few months, but really iron. If somebody rape, somebody in a stir I don't even know five years is good enough. I mean that's a pretty heinous crimes so and he carried her. There
supposedly yeah You know this feels like a slap on the rest to me. Three month screw that five years that's more appropriate but made. even longer because if you re somebody You destroyed their life. So what's five years. Ray his mother, though she had a problem with this because one she believed her son. He told her. I didn't do this, but she sold car and mortgaged her house so that she can pay for the attorney tourney. That said, take the pleading, and so at that point she felt like the attorney- had scooters over screwed her over, because they had come up with money. and this is the best she could do- but I'm sure, The attorney was saying: look I told you what was likely to have. Ben it didn't happen, but- you're still a young man when you get out she's, looking at the bright side of things when Atta Gibson and
her mother, wonder if you or attacked, that your school and The school allows this. I mean this stairwell was unknown, make out area it was unmonitored, so in two thousand and six they end up suing the long Beach unified school. This They claim that there was a lack of security that led to an unsafe environment and, though and winning one point. Five. Million dollars That's a lot of money and that's how you get a school district company or whoever to change. Things up as you hit him in the pocket book, if there School is unsafe, then sue them and now in a put in some cameras, because they be sued again, somebody's attacked now Brian goes to prison
while in prison, let's just say that his attitude, goes down the toilet and he witnesses things in prison that most people shouldn't witness. He'll end up getting into an altercation with another inmate that puts him in so Terry confinement for months he says that He almost lost his mind while in solitary, but if you think he's a terrible rapists than he gets. What he gets right one of the things that rivalship in his favour is that there was no evidence of rape it was literally one at his word that this happened. I also feels like his legal counsel, his attorney was inadequate, I'm sure any by listening, whether they think Brian banks is a terrible person or not Anderson,
answer his legal counsel probably wasn't the best. But what does he do? I mean he files a petition, a writ of habeas Corpus, there's no evidence of rape. I had about attorney well. What usually happens in that situation right or they fish while down in California, is actually one of the hardest states to file for any kind of habeas corpus and get your case even looked at much less overturned. so the next step, Brian taxes, to write to just in Brooks whose, with the Caliph way innocence, project and I understand we ve covered, so many cases thou where innocence projects were different states, get involved in cases in they can really really help out now, Brian, tax them in their first. words: are we doing
understand how there is any evidence here, prove your innocence and- and they say you- Took a plea deal so essentially you pleaded guilty. You're telling us there is no dna evidence yet took a plea, so the dna evidence no longer matters if you would on the trial. You could have used that, but you didn't so now it's no longer valid. I guess the way our legal system works, yeah, it's it's! Mr Watts too bad, but that's the way it is an plus. They have got on death row, guys that are, you know, do in twenty years and Brian, he's doing five and he's gonna be out Not really a priority to them because Looking at bigger cases, that's not to say that the sea IP is a bad organization, but they're looking at work,
we can win and what we can do to give the most amount of freedom to somebody. Brian. Not really on their radar. Brian serve. Eighty five percent of his sentence was eligible for parole and was granted parole he was released August. Twenty ninth, two thousand seven he registered as a sex offender and had a way ankle monitor for a while. Now Erin a lot of people don't know, but When you have to wear and ankle monitor, you have to pay for that ankle monitor and you have to pay for a service to monitor you that service. I dont know how much it was in two thousand and seven today in Missouri. Those ankle monitors cost about ninety two hundred dollars a week. So what on parole. You have to pay and I've seen amount of money foreign ankle monitor, then you have to pay weekly for
that income monitor and if your parole office or ever calls you, you have to answer, You have to do whatever they say. Otherwise, there violate you in situ right back to prison. Pearls no joke. I just want to make that clear. That's good information so, at this point Brian banks is free he's having that the trouble of finding a job but He continues on searching for her work and on fair. or a twenty Eightth, two thousand, I then he said the very strange friend request on Facebook, it's one at a Gibson now, and first reaction is what I mean remit? from his point of view. He didn't do anything wrong, but she got him put away yeah and if you were a rape victim, you came across your rapist on line
I dont think sending them a friend request would be your first response. It would be God I guys. How should I fear for my life, so he messaged her right away and said. Why are you doing this? Why reaching out to me and her bonds was, I wanna. Let bag and be Bygones. She said I want to be friends again I want to rekindle our friendship. I know that she had a response, but he just didn't understand it, but what he did understand So this was a real opportunity. Maybe shall talk. Maybe she'll tell him why she D but she did, and so he said, hey you wanna meet up with me and she said yeah but Erin have to realise that he has,
ten months left on his probation part of his probation guidelines, is that he has to stay far away from schools. He has done a far away from parks or anywhere there's kids and he had, to stay far away from one so by. Even speaking to her on the phone on Facebook, anything he risks going back to jail, yeah? Think about it. If this is a trap, if she's thinking, I'm region, I too, am because I want him put back away, I have to do. Is to violate his parole, then that's what it could be. This could be a trap but this shows you the motivation of briar banks. He addressed and the situation is in he understand the risk. Because he really wants to clear his name. He's moving forward with this. So
reaches out to Freddy. Perish this is actually a father of a friend of his. He had his own an investigation company whose titled vantage point investigations he said I really could use some help woman. That put me away. She me the and I just want her to tell the truth frames I said, yeah I'll help you out, so they were to meet Ed Parishes Office That's it's with cameras, a microphone, so if one it is there and she starts talking, though all on video and on audio The reason why he's Taking this risk is because the innocents project said Unless you have new, evidence. We can't help you unless you have something astronauts court tremendous your stock. So what would be
more impressive than a recant men. the admission that she lied, mean anyone it's really into law and order remain as soon as he broke. The lie should go back to jail right, marked sect. Two thousand eleven. This was the day where one I agree to me Brian, at this private, invest. Gaiters office. This meeting was recorded. I need to say right off the bat that one added didn't know she was being recorded. But during this meeting she tells Brian that she lied. She said it just wasn't true at all. She said, He never raped me. He never kidnapped me, but she has a problem as this is the guy she sent to prison for almost six years. She really does want to be friends with Brian again, but on the flip side She doesn't want to lose the money she had gotten one and a half. Million dollars, judgment.
other she had a split the half of that with the attorney, but still left seven hundred fifty thousand dollars and if she had me It's that she lied, they might want them I back, and she doesn't really have it because she spent a good amount already on tvs. Cars. As soon as she admitted that she law ass, soon ass. She said he didn't write me Brian it took all of his might to not storm out of their and go I too, the innocents project he had to sit there laughing giggle and just go along with it in there is video footage of this whole interview in its maddening how d so she is to what was done. So Brian goes back to the innocents project with this video of her saying she lied and the innocent
projects says did she know she was being recorded and he said well, There was a sign in the room that said everything in this. Office is being monitored, but you say everything you I to say is being recorded and he said no. They said well This whole video is inadmissible. You need to. How her you need to get her to admit it. While she's informed that she's being recorded so what happens next year, he talks to another and says I need you. To do a video confession and he agrees to come back to the piano, office to talk again and its during this confession, where she rare cancer statements were two thousand too, and she said yeah We were kissing, we're making out. It was actual she says.
A school security guard told her. She was raped, so she's able to vote These questions and say no, he did not write me. He did not kidnap me She also says that the adults got involved and blew it all out of proportion. She said the adults put stuff in her head. This is, I think, her way of explaining why it's not really her fault that Brian banks ended up in prison, She was young, shooting she's getting in trouble. It's it's. What kids do Whenever was asked decided document, but she couldn't see, in it she said, because you'd have to pay back the money if she did, but the Good NEWS here is that one ETA did admit that she, the whole story up. So with this it seems if the pie is telling Brian Look, you know your cases got a whole lot better.
So he's got this new evidence Justin and he did what the California Innocence project asked him. to do? Which is get one consent to be recorded and get her to confess, and she did that and that gave the innocents project something too request, because they could go through and say he didn't die Have you down this hallway at the school because there were multiple classrooms with doors open Nobody saw him ragging you down the hallway. The girl the top of the stairs. Did she in exist or issue, did exist, shooting here. Anyone crying out for help they need viewed all these different students. Some the students actually remember the rumour that she was making the whole thing up at the time there were. so much evidence that called things into question that
their his defence attorney or the prosecutor bothered with they. literally treated it as a case of he said she said, and I hate that term, but that's it they didn't look into any of the evidence. Now they have to the Sea IP filed a petition for another rid of habeas corpus. They want the conviction, vacated. this action was taken August, fifteenth, twenty eleven, but after this is filed, whenever it meets with the District Attorney's office and she said that banks was pressuring her urging her to recant her fashion and that the video is added. She then went on to say that the incident did start off. Consensual but turned into assault. Now. That again is different and her statements, and She knows she's going to lose this money. She knows that what she did,
was wrong, so she's trying to play damage control now and it's a Rick men of her recant met, which who would do that? I don't know I wonder if she was being pressured possibly by family. I think back to it was discussed heard that before her deposition in the civil suit, you know before she got that judgment of one why five million dollars one at ahead. all her lawyer, that she was lying, but her you're taller now, don't sandy in let this play out. Let them do what they're going to do So it seems to me like whenever it is maybe being pressured at times may be deep down. really does want to do the right thing, but how she's being pressured she's being pushed to make certain decisions that me, reading into it I dont know I am a proof of that, but Can I would just offer up what we know what happened in this case, but
because Brian was so diligent because Brian early broke the law? He took all these risks and communicated with her got her to confess on tape on video that she lied and what'd judge Mark Kim, of the LA superior court do on Meda 24th, two twenty twelve. He reversed the conviction and That's interesting, as this is the same exact judge that had sentenced Brian banks, the prison back in two thousand three. Now Ryan's first attorney Elizabeth Harris, no comment. Apologies shoes no job. honestly earn it's a tough job, being a defence attorney because You know the system sucks so better to know the system's bad or is it a bad thing because you don't
fight enough for your client, the attorney, I'm sure she probably thought giving him good advice like would you risk for plus years when you can just take five for three months, but if she would have fought for him, she would have looked at the evidence. This could have turned out much different, so It sucks that defence attorneys. No, the system is not in their favour or not in their clients. Favor now had sir. it's a tough choice. You I don't know. I imagine that there are people out there sang look here. Facing a lot of years, she got him essentially a little over five. Honestly earn if and Brian shoes. I think that I'd be healed upset. I mean that guy had his whole life ahead of the sky
had opportunities to become a football player good. Looking guy, you know once he gets out of here and sorry no one wants to data sex offender? No one wants to hire a sex offender. His life has been screwed, he can't get a job even pay for his ankle monitor. This is is destroyed everything in his life, but somehow some way he stays positive and motivated progress. I must feel like he didn't have much of a choice: Brian banks, when he's asked about this. It seems like he says the passes, the past tomorrow's amiss. So essentially saying I need a move on. If I let this stuff eat at me Do myself any favours and the cigar that needs favours. You know he doesn't need the constantly dwell on how bad everything went.
In many ways he's got a lot to be thankful for, because there were people, they came forward to help him out yeah that pie. He had the when your innocence project they gave him good advice. He answered he responded and then they re able to help him out in court, so his life turned around but for a guy who had dreams of playing the NFL and didn't, actually make it to college to unity, city. Well, here probably got a lot of things that he wants to try and accomplish. So this is where the California Innocence project director, just a brook steps up again and he does a press conference and he calls for the NFL to give Brian a chance I think this is amazing because on paper it doesn't look like you have a guy who was a star high school player, but the NFL a different animal, and so
I am to go from high school to prison to the NFL. How likely is that? But I'll tell you what six teams reached out and said: try out for us. He tried out with can't see cheese. The sand, oh chargers, San Francisco, forty nine and the sea hawks and I cant remember the other teams, but he really did get the opportunity, but he hasn't been playing ball. So when he was out there, they said he had the compete but his conditioning in his training it it was quite where needed to be because well, he had been locked away for over five years, while that's happening when at a gif, talks to a new station and this I guess in response to her, fashion being aired, so she's upset, and she said
Brian bribed her with ten thousand dollars to confess I'm just gonna call bs on that, because, where would Brian get ten thousand dollars when he can't get a job and he has to pay state and all these other penalties and fees every single week. Sorry now He doesn't have ten thousand dollars to bribe you with so twenty thirteen, the long beach, unified school district. they want their money back, they sue one ETA and her mother and they win Annetta Gibson was ordered to pay back the one point: five million dollar judgment. as well as one point: one million dollars and fees. One thing that didn't help That was that she never showed up to any of the court dates involving her case. so one of the questions just in is when someone gets put away and discover that there actually innocent of the crime they were accused of and convicted of. You start thinking
compensation right yeah. I would hope because the system will always say, though, fight for their conviction and in no say where we everything right, so you don't get any compensation if your wrongfully convicted to say well the press this was sound, so you got what you got, but Brian Fights and Brian winds. He two requirements that he had to meet to receive this compensation. He had approved that he did not commit the crime prove that he sustained pecuniary injury. So he did this. He submitted evidence as well as the California Innocence project, but they have a formula for figuring out how much you are to be compensated. If you meet those requirements and it one hundred dollars for each day, so how
money did they end up with just shows a hundred and forty two thousand and two hundred dollars so not much. I mean. five years behind bars, some of that and solitary let's do the math here? If here getting paid a yearly salary. You know divided by five, that's twenty eight thousand four hundred dollars a year. Would you, agree to twenty eight Thousand four hundred dollars a year behind bars in prison, like anyone. Would the attorney general waiting on this case, whenever was not found to be credible. Some of her statements describing counter as consensual sort of some do not. They found Brian banks to be credible and he met the burden of proof. So he could be compensate
when Brian got assistance from the California Innocence project he had to. It need help again, one was just in Brooks and the other was Alyssa vehicle and it was Alyssa who believes that one as mother his axe, the one? They got that is to say that brain raped her now. I think this is because whenever was easily initiated- and I would just point back to win he reached out to Brian. On Facebook I mean you, you may the point to say if someone had assaulted you wouldn't be reaching out to them to say: hey, how's, it going or less be friends This doesn't make sense. So I'd, say I totally understand why Alyssa believes this and I think there's these some indication of that being true. So the latest statement at the days office
indicates that one at a gave consent to go to the stairwell they're talking about this question of. Did banks think he had consent and what I find and interesting about this. Is I don't think that's what this cases about? I think it's about. I beg, thought he was going to the stairwell with one ETA Gibson, so they could make out and then going their separate ways and then Gibson lied and said it was a rape. I dont think, This is about what banks thought was consent or not consent, because again. This is about Gibson lying to the court. How did you take this Justin when, The attorney general trying to get at the heart of this and why consent was or not widen their processing it as if it was a crime, their processing it as if you know somebody and accused of a crime so they're trying to look at the league
nowadays there so I get it, but it's not exactly. I don't know I guess I'm just looking at that and just thinking it it's not applicable in this case, but it does at least give Brian some valid nation it. Let him know that he's not crazy and Brian says that he doesn't feel when I did this, where was motivated by financial gain He he thinks that she was in full stand to it either. She felt like he rejected her when they left the stairwell or she was gonna get in trouble because she was caught and this was her story to cover them. the thing up, and it turned into something bigger at snowballed, unto a lawsuit where she made over a million dollars, and
the one thing that really really touched me about this case. Was that Brion said he didn't want to see his accuser gone after he didn't really want prosecutors to charge her or anything and it just shows his. positive outlook on life and much as I hate what she did. I get Where he's coming from. In its already hard enough for people to come forward and report rape, it's already hard enough for women to get their attackers. Yeah arrested, put behind bars the statistics of how many people that actually report rape, as opposed to how many people actually get their rapists convicted a case this was somebody falsely
is someone this it's horrible. But this is such a move school, a fraction of a fraction of percent. When this happens in this, is why the story is so big because it happened, but some people look at this and think when anyone can just accuse any. Of rape, that it sake the instances of this happening are few and far between where's the instances of people not reporting rape people being afraid or ashamed to do it, whose are far greater- and I really feel like this case is more about Brian. Then it is about his accuser
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what necessarily because he this doesn't know you can't know why she do what she did so that's another reason formed a move on. Is it not? I mean when you work things over in your head over and over and over again trying to figure out the? Why of it, when you're never going to find the answer eventually just had to move on, and I think for him he had been. less about why she do She did it about how he was able get to the other side and clear his name. All the things they. He lost all the possible college you see getting on Who in and it fell team playing their all that income we would have had her what is life would have become, but that's all gone so it's time to see what can do with what he's got now in a way that he he was able to play, the Atlantic Falcons in some
he sees in games. He didn't make the final cut, but the NFL hired him to work in the NFL Department of Operations, so he became a big part of the region center and ran their social media later a movie was made her? Did you see this movie I just watch did actually read before we start a recording? Is it something you'd recommend people check absolutely Like you said he lost all this time. He lost all this precious lie. Experience all these opportunities, but he says- You can control in life is how you respond to life souls how you allow things to affect. You is going to determine how you move forward. He had to change his perspective. He had to change it. From being victimized by the system by this woman too.
What do I need to do now, moving forward in a what, when at a dead, I personally find despicable and it's a spit in the face. to every woman. Who is afraid. Come forward who has been brushed off? Who has been rejected? Meinst because that is a key issue in society and its not people like one ETA Brian banks had this to say about one at Gibson part of life was taken away because of her. But more importantly, I have to go after people like this, because a person such as yourself makes it harder for a woman who is raped, come forward confidently and share her story and hope something is about what happened to them, they should be able to act. to be believed, but I gotTa That was Brian Bank supports women coming forward and giving their statements by it, when people come forward and false statements and get people arrested. Put in prison
muddying the waters, but he also Doesn't want anyone to think, while these false commence must happen, alot they don't so Someone does become. Of them. of sexual assault of rape. They need a reported and people need take them seriously so Even though in this case Brian banks were innocent and was wrongly convicted a lot of people do the right thing they stepped up for someone who they believed was a victim. They stood up for when at a Gibson. When they believed she was telling the truth. So in some ways, even though things wrapping O Brian well, the system was doing its best to take a rape seriously, and we do so. see that all the time and if When wants to know more about Brian banks, there is, of course, the Movie, Brian banks, or you can visit, Website at Brian banks, now dot com subscribe on apple pie,
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Transcript generated on 2022-03-16.