HS football star has rape charge dismissed after accuser contacts him on FB...

[Yakuza Rich]

His lawyer is the one who pleaded no contest.

I know that.

But, I would assume that he told them he was innocent and the woman said that they did not have intercourse. He plead no contest because his lawyer told him that he wouldn't go to jail if he did that (and was obviously wrong).

The system failed because the investigators should have dug more. You also have to wonder why Banks did not demand that the girl get tested to see if she had been raped. Perhaps Banks wasn't smart enough to ask that. Another part of the system failing in this instance.

And I get the feeling that Banks' attorney wasn't very good, due to Banks' financial situation and 'getting what you pay for.'

If this had actually happened to a pro athlete, this entire thing would have never gone to trial because the pro athlete has money and would have an entirely better defense.

Sorry, the system failed in this instance. More often than not it works. And it's the best system I've seen. But, it failed here.








YR

 

[Doomsday101]

I know that.

But, I would assume that he told them he was innocent and the woman said that they did not have intercourse. He plead no contest because his lawyer told him that he wouldn't go to jail if he did that (and was obviously wrong).

The system failed because the investigators should have dug more. You also have to wonder why Banks did not demand that the girl get tested to see if she had been raped. Perhaps Banks wasn't smart enough to ask that. Another part of the system failing in this instance.

And I get the feeling that Banks' attorney wasn't very good, due to Banks' financial situation and 'getting what you pay for.'

If this had actually happened to a pro athlete, this entire thing would have never gone to trial because the pro athlete has money and would have an entirely better defense.

Sorry, the system failed in this instance. More often than not it works. And it's the best system I've seen. But, it failed here.








YR

Prosecutors are not going to go out of their way to help the defense. Seems to me this had more to do with his own lawyer not doing his job.

I do agree that high priced Lawyers that most of us can't afford nor will take our case out of the kindness of their own hearts would have done a better job.

Maybe we should blame the law schools that seem to hand out degrees in law to even the most incompetent as seems to be the situation with his lawyer.

 

[speedkilz88]

It could have been a court appointed lawyer that didn't want to spend that kind of time on his case. It was much easier to get him to plead.

 

[Afigueroa22]

You don't have to accept the plea. The judge will ask the defendant himself if this is what he wants. Also the defense attorney is his attorney if he has problems with him he can fire him.

I'm putting the blame where it belongs and that is this girl who swore under oath that she was sexually assaulted by this guy.

It was either accept the charges or get 41+ years. I don't think anyone in here would ever gamble for 41 years of life.

6 years must have felt like 41 years anyway, especially if you are innocent. I can't even imagine the soul crushing feeling he had to endure for 72 hard months.

 

[tupperware]

Uhh, how is falsely accusing someone and causing them to do time like this not a serious crime?

 

[Romo_To_Dez]

This story has really gotten me mad. Poor Guy sitting behind Bars knowing that he is innocent. Women who lie about rape should serve time in prison if they are willing to try and send someone else to prison wrongfully.

It's women like her that makes harder for the real victims of rape.

 

[joseephuss]

It was either accept the charges or get 41+ years. I don't think anyone in here would ever gamble for 41 years of life.

6 years must have felt like 41 years anyway, especially if you are innocent. I can't even imagine the soul crushing feeling he had to endure for 72 hard months.

If I am innocent I don't see how it is a gamble.

 

[Yakuza Rich]

Prosecutors are not going to go out of their way to help the defense.

Perhaps not.

But the prosecutor is a civil servant and it is the prosecutor's job to go after the guilty. In this case, the accuser was the guilty person...wrongfully accusing Banks when she know it didn't happen so her family could get money.


I don't know why the prosecutor didn't ask for a rape kit either. Could have saved taxpayer money and kept an innocent man from going to jail. I think prosecutors lose light of that from time to time, and that's why you get the Mike Nifong's of the world.

Seems to me this had more to do with his own lawyer not doing his job.

Yes, but the prosecutor didn't do his job well either. I'm guessing Banks had a lousy lawyer because he couldn't afford much.

Maybe we should blame the law schools that seem to hand out degrees in law to even the most incompetent as seems to be the situation with his lawyer.

I don't see the issue with blaming the system when it warrants it. I can't imagine ever thinking the system is infallible, no matter how hard we try and what we do. We just need to continue to seek to improve everything we can instead of resting on the fallacy that the system always works.

I'm not sure I would blame law schools because no matter what the profession...you'll get your fair share of lousy employees in that profession. I would be more apt to blame our college and economic systems because we've created a society where, for all intents and purposes, you need to have a college degree to have a shot at a new job.






YR

 

[Hoofbite]

If I am innocent I don't see how it is a gamble.

If you are innocent you shouldn't be charged with rape in the first place.

The fallibility of the justice system really doesn't care about innocence or guilt.

Innocent men are sentenced and guilty men are freed all the time.

 

[jobberone]

There are plenty of innocent people in jail. It's far from perfect but its still not a bad system.

 

[joseephuss]

If you are innocent you shouldn't be charged with rape in the first place.

The fallibility of the justice system really doesn't care about innocence or guilt.

Innocent men are sentenced and guilty men are freed all the time.

But it is still worth the gamble of fighting it rather than pleading to something I did not do.

 

[Manwiththeplan]

But it is still worth the gamble of fighting it rather than pleading to something I did not do.

it really depends, while I don't think it's a high percentage, there are some innocent people in jail.

 

[joseephuss]

it really depends, while I don't think it's a high percentage, there are some innocent people in jail.

Of course there are. I would rather take my chances of the truth winning out than take a plead that guarantees jail time. Plus I think integrity matters. If I am innocent I am not going to plead guilty or anything else that makes me look guilty.

 

[TellerMorrow34]

sure, it was malicious prosecution on her part, she forced him to do that by bringing a bogus charge.

It's an absolutely tragic story and I feel so terrible for this kid that he had to endure this. That's a rotten way to be done.


However she didn't force him to do anything. He doesn't have to plead guilty, or no contest, or anything if he's innocent, as he clearly was here.

There is absolutely nothing on this planet that would make me plead no contest or guilty to something I didn't do, especially something like rape or murder.

Absolutely nothing.

 

[CanadianCowboysFan]

But it is still worth the gamble of fighting it rather than pleading to something I did not do.

That is odd, he must have done something to her and his lawyer thought could not win on the consensual act argument.

 

[Seven]

Did I miss something? Why was he tried as an adult?

 

[CanadianCowboysFan]

Did I miss something? Why was he tried as an adult?

they often move 17-18 year olds up to adult status for heinous crimes.

 

[paladin]

Apparently the judgement will not be recovered from the false accuser, how I wish a lawyer could explain why not. But look who the football star WILL be sueing.​

http://latimesblogs.latimes.com/lan...y-jailed-for-rape-wants-money-from-state.html​

 

[VietCowboy]

Apparently the judgement will not be recovered from the false accuser, how I wish a lawyer could explain why not. But look who the football star WILL be sueing.​

http://latimesblogs.latimes.com/lan...y-jailed-for-rape-wants-money-from-state.html​

probably because she has no money now, her two kids are on public assistant, and she is unemployed.

I can see why they'd go after the state. It's in the law books, you get $100/day.

I hate the fact that the prosecutors seem not interested in bringing charges to Gibson b/c it would be too hard to prove her guilt, even with a taped convo with her admitting it while they had no qualms about bringing charges against him with no evidence at all except he said/she said, and a rape kit showing no evidence of rape at all.

 

[Manwiththeplan]

Did I miss something? Why was he tried as an adult?

given his age and the accusation he should've been tried as an adult