Him Too: That One Time a Star Football Player was Incarcerated for a False Rape and Lost Everything

When faced with the option of life in prison or pleading no contest to rape and doing five years in prison followed by a lifetime of parole, high school star football player Brian Banks chose the later. This came under pressure from his defense attorney, who warned Brian that going to trial as a “Big, Black teenager” on such a charge would likely end with Brian doing life in prison, especially when his accuser was a teenage female classmate. As with the system, Brian’s lawyer had no faith in his innocence. His classmate had accused him of sexual assault and kidnapping on school grounds. However, time revealed that the accusation was false, and this demonstrates why in some instances some accusers were not believed in the past.

What Happened to Brian?

In early 2000s, Brian Banks was living his best life as a star linebacker in Polytechnic High School in Long Beach, California. College scouts across the country had their eyes set on him. They didn’t just window shop. They made offers. USC even made a verbal commitment that would’ve surely been signed off on officially with Brian’s agreement. Brian knew he was destined to make plays in the NFL.

His lawyer had as much faith in him as a person would an unlicensed surgeon.

But he was just 16 years old in 2002 when his world collapsed. That summer, his classmate Wanetta Gibson accused him of raping and kidnapping her on school grounds. All hopes of going to the NFL for Brian shattered. He was now facing a life sentence in prison. He’d gone from football fields and quarterbacks to courtrooms and lawyers. The glaring flaws of this justice system allowed the case to continue, even with inconsistencies in Wanetta’s story. The system continued to apply undue pressure on Brian to break him and force him to admit to something he did not do and that never happened.

His lawyer had as much faith in him as a person would an unlicensed surgeon. She advised him to take the deal in which he’d plead no contest, do five years in prison and live his life as a registered sex offender. She couldn’t see the jury doing anything other than finding a “Big, Black teenager” (called “YN” today) guilty of whatever anybody said he did. So he followed her advice.

Unbearable Guilt

After serving his time in prison, Brian reflected on being a registered sex offender for the rest of his life for something he didn’t do. Although he was truly innocent, he’d taken the deal offered to him by the prosecution. Getting exonerated under those circumstances was nearly impossible, even if he’d been just a teenager at the time of his plea deal. Brian sighed, but he didn’t lose hope.

Apparently, the guilt of having sent an innocent man to prison had been eating her.

Without any prompting from Brian, in 2011, Wanetta Gibson sent Brian a message through Facebook Messenger. Apparently, the guilt of having sent an innocent man to prison had been eating her. She wanted to put things behind them and become Facebook friends. It was wild, as Brian would note. He closed his laptop and considered what this could mean in his journey for exoneration.

After the advice of a private investigator, Brian brought Wanetta into the private investigator’s office, where audio and video recordings were taken during the subsequent conversation between her and Brian.

In another meeting with Brian that also included his private investigator, Wanetta smiled and laughed a few times, and the mood was relatively relaxed. It got tense when the private investigator asked direct questions, and she answered them honestly.

Wanetta was reluctant to help exonerate Brian because she didn’t want to risk having to give back the $1.5 million she had settled with the school district for.

Wanetta confessed that no rape or assault of any kind had taken place. She also said that she hadn’t even lost her virginity yet at the point of the alleged rape. The kidnapping had never happened either, according to her.

Once she openly admitted to lying, Brian asked her to help clear his name. He noted how his life had been destroyed and the number of college football scholarships he’d lost because of her lie. She was reluctant to do so because she didn’t want to risk having to give back the $1.5 million she had settled with the school district for. Still, she was forthcoming. Then, the California Innocence Project stepped in.

Brian’s story of resilience caught the attention of the NFL…

In 2012, the California Innocence Project‘s effort to get Brian’s conviction thrown out paid off. Brian got his day in court and sighed a breath of relief when the judge announced the verdict was overturned and the was case thrown out. Dropping his head while he sat beside his lawyer at their courtroom table, Brian seemed to be praying, understanding the judge’s decision fully exonerated him.

Although this was a huge win for Brian, he couldn’t help reflecting on the last decade of his life he had lost to the system that behaves like an inescapable vacuum. He reflected on being a star football player and where his life could’ve gone.

To Rise Again

Brian was 27 years old now, and he was older than nearly all the other rookie football players. This didn’t stop him from training in hopes of becoming a professional football player.

His story of resilience caught the attention of the NFL, and he was invited by the Seattle Seahawks to participate in their Mini Camp. He didn’t make the roster, but this gave him the training boost needed to land a deal with the Atlanta Falcons in 2013.

The school district sued Wanetta Gibson for over a million dollars.

In a matter of years, Brian had gone from a wrongfully convicted felon to an NFL player. This accomplishment on its own made Brian grateful to have his life back.

In the end, Wanetta faced no criminal charges. The statute of limitations had run out, and she’d refused to testify under oath at the time of the alleged assault seemingly. The school district sued her for over a million dollars for the settlement they’d given her and the damages caused by her lies. In 2013, a court sided with the school district and ordered her to return the settlement.

In the End

Brian’s stay in the NFL was brief, and he went on to become a public speaker and to work with the California Innocence Project. His story inspired motivates all who hear it. On Facebook, he has nearly 60,000 followers, along with tens of thousands across other social media platforms.

Wanetta didn’t get what she deserved, and she lost much less than Brian.

Brian’s journey is not in vain. He works in criminal justice reform, giving a voice to those in situations similar to what he overcame. Undoubtedly, he carries with him the invisible scars of false accusations and false convictions coupled with memories of dark times in a jail cell. He knew one day he’d be declared an innocent man. If he will ever be a free man after all he has been through remains for him to determine. It seems that he is bearing the weight better than almost any other man, or person, could.

The Takeaway

We should believe women. Prosecutors, detectives and police officers owe it to them to conduct proper investigations. They owe it to men as well.

Wanetta Gibson lost her credibility…

Wanetta Gibson lost her credibility and over a million dollars. She lost the very thing — money — that motivated her in the first place. She didn’t get what she deserved, and she lost much less than Brian. None of her time was taken from her.

For Brian, time can’t be given back, and reputation takes years to build and many more to restore. The mental and emotional scars left behind will never be fully healed. The best he can do is what he’s doing now: pick up the pieces and make more than the best with what he has. Brian didn’t get what he deserved and neither Wanetta in the end.

You can find Brian Banks’s book here and even get an autographed copy. It covers everything in this article plus his comeback but in a much greater fashion.

This article was written by Jermaine Reed, MFA, the Editor-in-Chief of The Reeders Block. He also works an Adjunct College Professor. Join the email list to get notifications on new blog posts and books. This article is 100% human-written. And remember, if you see an error, that’s what makes us human.