LONG BEACH, Calif. – A former high school football star whose dreams of a pro career were shattered by a rape conviction burst into tears Thursday as a judge threw out the charge that sent him to prison for more than five years.
Brian Banks, now 26, pleaded no contest 10 years ago on the advice of his lawyer after a childhood friend falsely accused him of attacking her on their high school campus.
In a strange turn of events, the woman, Wanetta Gibson, friended him on Facebook when he got out of prison.
During an initial meeting with him, she said she had lied; there had been no kidnap and no rape and she offered to help him clear his record, court records state.
But she refused to repeat the story to prosecutors because she feared she would have to return a $1.5 million payment from a civil suit brought by her mother against Long Beach schools.
During a second meeting that was secretly videotaped, she told 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,’ ” according to Freddie Parish, a defense investigator who was at the meeting.
It was uncertain whether Gibson will have to return the money and unlikely she would be prosecuted for making the false accusation so long ago, when she was 15.
Gibson did not attend the hearing and she could not be reached for comment. Prosecutors and defense attorneys said they were unable to find her recently.
Banks, once a star middle linebacker at Long Beach Polytechnic High School, had attracted the interest of such college football powerhouses as the University of Southern California, Ohio State University and the University of Michigan, according to the website Rivals.com, which tracks the recruiting of high school football and basketball players.
Banks said he had verbally agreed to attend USC on a scholarship when he was arrested.
He still hopes to play professional football and has been working out regularly. His attorney Justin Brooks appealed to NFL teams to give him a chance.
“He has the speed and the strength. He certainly has the heart,” Brooks said. “I hope he gets the attention of people in the sports world.”
Banks said outside court that he had lost all hope of proving his innocence until Gibson contacted him.
“It’s been a struggle. But I’m unbroken and I’m still here today,” the tall, muscular Banks said, tears flowing down his face.
He recalled being shocked and speechless on the day Gibson reached out to him after he had been released from prison, having served five years and two months.
“I thought maybe it wasn’t real,” he said. “How could she be contacting me?”
He said he knew that if he became angry when he met with her it wouldn’t help, so he struggled to keep calm.
“I stopped what I was doing and got down on my knees and prayed to God to help me play my cards right,” he said.
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