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May 25th, 2012
04:38 PM ET
Falsely accused and imprisoned
Asleigh Banfield talks to Brian Banks who spent five years in prison after being falsely accused of rape. His accuser recanted the rape claim that sent the NFL hopeful to prison at age 17. Banks spent another five years as a parolee and registered sex offender.
I certainly hope that since the accuser admitted that she lied, especially to acquire the $1.5 million settlement for her family, that she's brought up on charges of fraud.
Let justice be served. She owes a tremendous reparation to this man, alone, not to mention the school district and from others she collected money.
This case is a great example of the flaws of our justice system. The system enable the women. Banks was innocent of rape but yet had to accept a plea bargain just so he wouldn't risk getting a crazy ridiculous high sentence. What kind of crap is that? A guy innocent of the charges against him has to just suck it up and spend 5 years in prison. Time that he will never get back. There is no substitution for the time loss, not money, absolutely nothing.
I can't even imagine what he must of felt going to court and dealing with judges, prosecutors and attorneys during his trial. That must of been hell on earth and to go through 5 years incarcerated wondering why the hell you're even there.
I feel bad for Banks but there's nothing that could make this right in reality. So we can all hope for a better justice system but in the meantime we have to accept that life sometimes gives us some unfair trials and tribulations and it's how we get over those humps that really brings out who we really are.
Brian Banks, keep your chin up and I hope your NFL dreams come true!
There are two justice systems governing Americans today. There is the one that represents the wealthy. These people have the means to hire expensive lawyers and receive light sentences if they do go to jail which is very rare, they go to a country club prison which amounts to a slap on the wrist. Then you have the justice system that represents the average citizen. These people are forced to take plea bargains even if they are innocent. They are represented by court appointed attorneys who have very little time and qualifications to give the average citizen proper representation in a court of law. If an average citizen does decide to fight for his innocence he must give up everything that he owns or will ever think about owning in order to pay a proper Atty. This is what we are witnessing today and I personally think it is a sin to lock up people for years when they are innocent. There are many people who have even been sentenced to death and lost their lives that are now believed to have been innocent especially in Texas. We need to find a way to bring this to a stop, immediately. Because who knows the next day it might be you fighting for your freedom or your life.
My ex-husband is going through this now. The DNA and exam evidence showed the young woman was lying and she ultimately refused to testify, but the prosecutor did not care and his attorney sold him out. My ex was facing 20 years in prison so he pled to a non-sex offense in exchange for community control. At sentencing, the prosecutor stood and asked the judge to put him on the sex offender caseload where he has to confess to be successful. He sent a letter to the judge with the evidence and phone records showing the woman was calling, but the judge didn't care. He got another attorney to file a motion including all the facts and the judge again didn't care. He asked his PO for a misc hearing and she requested a revocation hearing instead. It is amazing that the prosecutor, the judge, and the probation officer all know the alleged victim was lying but they could care less.
We have no more money to fight so if anyone knows where I can get help or just exposure for the case, please let me know.