False-Rape Conviction Could Have Blocked Athlete's Possible Pro-Football Career

He doesn't have a contract, but six National Football League teams have contacted him, following his exoneration

by Frederick H. Lowe

Brian Banks planned to attend the University of Southern California on his way to a pro-football career, but instead he spent five years in prison for a 2002 rape and kidnapping he didn't commit. A judge recently exonerated Banks after his accuser admitted she made up the entire incident because she did not want her mother to know she was sexually active.

The false charges were the first of a series of disastrous things that happened to Banks, now 26. The Long Beach Police have been accused of botching the investigation into the allegations of the supposed victim, Wanetta Gibson.

"Anyone can say what they want," a police department spokesperson said in response to the charge that officers conducted a sloppy investigation. The spokesperson added that the department has not launched an investigation. Following a review of the arrest, police will consult with the Los Angeles District Attorney's Office, the spokesperson said.

Jan Hare, a Sexual Assault Response Team nurse at Long Beach Community Hospital, examined Gibson. Hare reported that she “found injuries on Gibson’s genital area that were consistent with what happened and consistent with penetration.”

But Sean Yoshi of the Los Angeles County Sheriff's Department, examined slides obtained from a genital swab, a vaginal swab and a rectal swab for the presence of semen and did not find any, according to court documents obtained by The NorthStar News & Analysis. Yoshi also had Gibson's clothing examined for DNA, but only Gibson's DNA was found, none from a male.

Despite the weak evidence, police arrested Banks, and the Los Angeles County District Attorney charged him with two counts of forcible rape, one count of sodomy and one count of kidnapping. Prosecutors charged Banks with kidnapping because Gibson said Banks pulled her inside a school elevator.

Banks' unnamed attorney warned the teenager that his being a black male would work against him in court. The lawyer told Banks to plead no contest to the charges.  The attorney told Banks that he was a “big black jock” and a jury would never believe him when Gibson, then 14, took the witness stand. Banks and Gibson are both African American.

On Oct. 8, 2003, a judge sentenced Banks to six years in prison and ordered him to pay $200,000 in restitution. The judge also ordered Banks to register as a sex offender.  Banks served five years in prison and five years on parole.

As Banks faced criminal charges, Gibson's mother, Wanda Rhodes, sued the Long Beach Unified School District for several million dollars, alleging that the school, Long Beach Polytechnic High School, where the false accusation of rape and kidnapping began to take shape, was unsafe. The City of Long Beach settled the lawsuit for $1.5 million. Half of the funds went into the pockets of Gibson's attorneys and the balance went to her.

Banks' ordeal began on July 8, 2002, when he was 17 years old.

Gibson handed a note to a classmate, Sharell Washington, saying that Banks had raped her after they ran into each other in the hallway. The note read: “Sharell, I went to the bathroom in the 700 building and Brian Banks was in there and he is so big he picked me up and put me in the elevator and took me down stairs and he pulled down my pants and he raped me and he didn't have an condom on and I was a virgin now I am not. Don't tell anyone."

She repeated inconsistent stories to Ericka Rhodes and her sister, as well as to Sheryal Walther, the assistant principal and Gwen Mack, co-principal, and finally to the Long Beach police, according to court documents.

On Jan. 8, 2003, during a preliminary hearing, Gibson recounted the incident with a number of inconsistencies. At first, Gibson denied Banks penetrated her vaginally, but after a court break, she said he did. Initially, she denied Banks sodomized her. Later, Gibson said he did.

On May 12, 2006, while still in prison, Banks filed a writ of habeas corpus in Los Angeles County Superior Court, claiming that DNA proved his innocence. The writ also alleged that he had an ineffective attorney, that the attorney failed to present exculpatory DNA evidence and that Gibson perjured herself. The California Superior Court denied the petition; Banks filed a second writ of habeas corpus with the California Court of Appeal, but he voluntarily withdrew it.

On Feb. 28, 2011, after Banks had been released from prison, Gibson sent a friend request to Bank's Facebook page.

“Banks did not accept her friend request, but he sent a message to Gibson, asking if she would speak with him and Freddie Parish, a private investigator,” according to court documents.

She then recounted the incident, saying she had lied, sending an innocent man to prison.

According to documents: “Gibson said that she and Banks were 'making out pretty heavy’ on the day of the alleged rape. Gibson said Banks did not force her to have intercourse or ‘anything like that.’ Gibson said that they were just playing around, being curious about sexuality and that the adults got involved and blew it all out of proportion. She said the adults ‘put stuff in her head.’ The accusations she made that led to Banks' conviction was really honestly not true… it wasn't true at all.”

Gibson was asked directly if Banks had raped her. She said “no.” Gibson also admitted she lied to Sharell Washington, saying that Banks had raped her.

“Gibson told Washington that she had said she was raped because she did not want her mother know she was sexually active,” according to court documents.

The California Innocence Project, which is based in the California Western School of Law in San Diego, presented the new evidence to Judge Mark C. Kim of the Los Angeles Superior Court. Judge Kim exonerated Banks based on Gibson's admission.

“There are no words in any language, no gestures in any culture that can explain or describe what I have been through,” Banks said. “I hope my story brings light to a major flaw in the judicial system. It is time for wrongful convictions to be addressed in the United States.”

National Football League Teams Contact Banks
Although Banks is 26, he still wants to pursue a career in the National Football League.
Before being sent to prison, Banks was one of the nation's top high school recruits with a scholarship to play at USC. Banks, however, may get his wish to play in the National Football League.

Six National Football League teams have contacted him over the past two days and his first tryout is scheduled for June 7, 2012, with the Seattle Seahawks, the California Innocence Project announced.

"This is what I dreamed about  my entire life," said a jubilant Banks. "I am ready to show the NFL what I am capable of doing. I want as many opportunities with as many NFL teams that are willing to give me a shot."

 Justin Brooks, director of the California Innocence Project and Banks' attorney, was equally happy. "When we took on Brian's case, we wanted to give him his life back,"  Brooks said. "Part of that life was football. Seeing Brian in the NFL would be the perfect ending to a remarkable story."

Banks will sue California for his conviction and incarceration. The California Innocence Project charged that the state violated federal and state laws by incarcerating Banks.