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Former Rising Football Star Brian Banks Exonerated in Rape Case

A rising football star, whose career was bought to a sudden halt after a kidnap-rape conviction landed him in prison, has been exonerated today after his accuser contacted him on Facebook and recanted her story

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Brian Banks to try out for Seahawks
Photo by Jeff Lewis • CC BY-SA 4.0

Brian Banks, a rising football star whose career was bought to a sudden halt after a kidnap-rape conviction landed him in prison, has been exonerated after his accuser contacted him on Facebook and recanted her story.

In a hearing today, Brian Banks began sobbing when prosecutors said they did not object to his conviction being reversed. His mother and girlfriend, who were in court, were ebullient.

“I’m just thankful to be free now and have the opportunity like anybody else to thrive in life,” Brian Banks told ABC News Radio today. “I’m completely overwhelmed with so many emotions and feelings all at once.”

Banks, now 26, was 17 at the time where many believed the 6-foot-4, 225 pound athlete was bound for the NFL.  The University of California had offered him a full-scholarship, and a few other Division 1 schools were pursuing the linebacker.

“Tragically, Banks would never realize his dream of going to college and playing college football,” his attorneys wrote in court documents. “A high-school acquaintance—Wanetta Gibson—shattered that dream one fateful day after she accused Banks of rape and kidnapping following a consensual sexual encounter.”

When Banks was accused of rape at Long Beach Polytechnic High School, his attorneys advised him to plead no contest to avoid going to trial and risk spending 41 years in prison.

His attorneys said he “chose the lesser of two evils” when he pleaded no contest. Banks was sentenced to six years, which he served and is now on parole and registered as a sex offender.

But on February 28, 2011 the case took a dramatic turn when Banks accuser contacted him through Facebook.  Gibson, his accuser, requested his friendship on Facebook. He did not accept it, but asked her if she would meet with him and a private investigator. She agreed.

“Gibson met with Banks and a private investigator and recanted her preliminary hearing testimony that Banks raped her,” his attorneys wrote. She said that the two had been “making out pretty heavy,” but that they did not 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,” according to legal documents. “She said the adults ‘put stuff in [her] head.'”

Gibson said she didn’t tell the truth at the time in fear of losing the 1.5 million suit her and her family won against the school district.

Now, Banks is more than happy to get back to his life with a clean slate and has not given up his NFL dreams.

“I’ve been training since October of last year in hopes of giving football another shot,” Banks said. “I’m hoping to possibly receive a try out from a team.”

Brian Banks is also working on a documentary about his life.


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Unheard Voices Magazine LLC is a news reporting platform covered under Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.

Unheard Voices is an award-winning news magazine that started in 2004 as a local Black newsletter in the Asbury Park, Neptune, and Long Branch, NJ areas to now broaden into a recognized Black online media outlet. They are the recipient of the NAACP Unsung Hero Award and CV Magazine's Innovator Award for Best Social Justice Communications Company.

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Social Justice

San Francisco man victim of two hate crime incidents

San Francisco’s Harvey ‘Terry’ Williams was a victim of not one, but two hate crimes and has launched a GoFundMe to protect his family.

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San Francisco hate crime Harvey 'Terry' Williams
Harvey 'Terry' Williams (Photo: YouTube | https://youtu.be/jdqi5XJuIFQ?si=zoZq9NVRnCCfyp7y)

San Francisco’s Harvey ‘Terry’ Williams was a victim of not one, but two hate crimes.

San Francisco hate crime

On the morning of April 26th, he was delivered a package containing a black doll with a noose wrapped around its neck, with his name and a picture of his face. The doll, along with the other contents of the package, were covered in horrifying racial phrases and slurs.

A week later, he received a second racist package containing similar items, but this time the threats were escalated.

San Francisco police say they’re investigating both incidents.

Neighbors have rallied behind Williams, helping him build a network of security cameras to help keep a closer eye on their area.

GoFundMe

A GoFundMe was launched to help pay for security cameras, help Terry relocate until the police know more, and help take some financial pressure off the family during a very difficult and scary time.


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Social Justice

Family of Black teen shot in head after ringing doorbell of wrong home sues gunman and HOA

The family of the Ralph Yarl, the Black teenager who was shot in the head after ringing the doorbell of the wrong home in Kansas City, Missouri, last year, has filed a lawsuit against the White man who shot him and the residential homeowners association where the house is located.

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Ralph Yarl shooter charged
Ralph Yarl (Instagram)

The family of Ralph Yarl has filed a civil lawsuit against Andrew Lester, the 85-year-old white man who shot the teen last year on his doorstep, along with Lester’s homeowners association.

Ralph Yarl family sues

The lawsuit, filed by Yarl’s mother Cleo Nagbe in the circuit court of Clay County, Missouri, accuses Lester and the Highland Acres Homes Association, Inc. of “careless and negligent conduct.”

“At all times relevant, Plaintiff (Ralph Yarl) never posed or issued a threat to Defendant, Andrew Lester,” the lawsuit states, adding the Highland Acres Homes Association “was aware of or should have been aware of Defendant, Andrew Lester’s, propensity for violence, access to dangerous weapons and racial animus.”

Yarl’s mother said in a news release that the case is not just about seeking justice for her son. By including the Highland Acres Homes Association, Inc., Nagbe said the lawsuit “underscores the importance of collective responsibility in safeguarding our communities.”

“Their knowledge of a potentially dangerous individual in the neighborhood without taking adequate precautions is unacceptable,” Nagbe wrote. “This case is not just about seeking justice for Ralph but about advocating for systemic changes that prioritize the safety and well-being of all children.”

Nagbe said she also hopes the civil suit will create a conversation about the “importance of responsible gun ownership and community safety measures of using words, not weapons.”

Suspect

Lester has pleaded not guilty to charges of first-degree assault and armed criminal action.

He was released on $200,000 bond and his trial is set to begin October 7.

Ralph Yarl shooting incident

On April 13, 2023, Ralph Yarl, now 17, went to the wrong home while trying to pick up his younger siblings. After ringing the doorbell, Ralph was shot in the head and arm.

Lester was detained the night of the shooting but released two hours later. After a public outcry, he was arrested and charged nearly a week later.

The 85-year-old claims he was scared to death of the boy’s size. Meanwhile, Yarl is 5ft8in and 140 pounds.

Yarl survived the shooting with serious injuries. Those close to the family said he had a prognosis of a full recovery, but may possibly suffer long-term brain issues.

According to the civil lawsuit, the teenager “suffered and sustained permanent injuries, endured pain and suffering of a temporary and permanent nature, experienced disability and losses of normal life activities, was obligated to spend large sums of money for medical and attention and suffered other losses and damages.”


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Crime & Justice

Paramedic involved in Elijah McClain’s death sentenced to probation, work release and community service

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

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Elijah McClain's family to receive $15 million from the city of Aurora
Elijah McClain and Jeremy Cooper (CBS News)

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

Paramedic Jeremy Cooper sentenced

He had faced up to three years in prison but was sentenced to four years probation, 14 months of work release and 100 hours of community service.

Cooper and another paramedic, Peter Cichuniec, were found guilty of criminally negligent homicide in December in the death of McClain, 23, who was subdued by police and injected with ketamine on August 24, 2019.

Both paramedics had pleaded not guilty to the felony charges. Cichuniec was sentenced in March to five years in prison, the minimum.

Police stop turns fatal

McClain was walking home in August 2019 when the 23-year-old Black man was confronted by police officers who forcibly restrained him. When Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec arrived, they injected him with ketamine.

He went into cardiac arrest in an ambulance a few minutes later and died three days after that.

The McClain family sued the city of Aurora for Elijah’s wrongful death and received a $15 million settlement.


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