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Tell escorted back in session on the docket today justice for a young man whose dreams of playing the it in the NFL were dashed.
Perhaps forever by an accuser later recanted her story after he serve -- jail time.
Brian banks had a scholarship waiting for him at football powerhouse USC.
When a high school classmate accused him of rape.
But despite the fact that there was no DNA there were no witnesses there was virtually no evidence.
The young man spent five plus years in prison.
In an interview -- Airbus and and sixty minutes he explains the plea deal he took on the advice of his lawyer.
What I knew it was like pled no contest.
So I didn't plead guilty but is still holds the same burden of -- guilty.
It was a situation pretty much I was -- -- is still.
-- optional facing life in prison or taking shorter time in prison.
And at the age of seventeen.
And not really being represented correctly I can only think of one thing and I was just getting home to my family back to my life.
The only way I saw that it was to -- to doing and hopefully.
Get on the seems possible that -- -- go as far.
I was actually -- fox affiliate my apologies but there was an incredible piece on this -- sixty minutes last night this -- accuser in secret recordings.
That she made the rape charge up.
And the judge in Brian's case later tossed out the conviction after the fact.
But not before the accuser collected 750000.
Dollars in a settlement with the school district.
So why isn't she the one in handcuffs now.
And me now mark -- -- former prosecutor now defense attorney and David Wolf defense attorney.
It was incredible the -- that they aired last night talking about how this young man really lost his future as a result of this.
This he went into some stairwell with her.
Four few minutes back in high school and later that day she accused him of rape and reported him as a rapists to the police.
And the next thing you know he's getting advice and counsel saying look given your size.
In your color and now these are the things you're not gonna get off so you should plead no contest and he did.
-- did mark.
And now they are now they've got this woman on camera let me just show the viewers what sixty minutes aired.
Brian -- think it's out of prison -- contacted by his accuser.
He meets up with -- with a private detective and cameras rolling.
And listen to her now.
-- -- -- -- -- -- Her student here -- Yeah yeah yeah he is your commute the state and -- He's here this army over you we know.
-- -- yeah.
It is sort of it.
Yeah -- gives me yeah yeah.
Why why wouldn't they charge her now.
I don't know Megan they should I have no there's no rational reason why she should be stripped of -- liberty and serve.
Hard core prison time.
What she did take him I don't in other words -- is abhorrent.
A gross miscarriage of justice.
But that climate that she creates now is much bigger than just this one individual.
Other rape victims.
May hesitate to come forward.
Because now what this creates is an environment where well we don't know we don't know could be another fake one another Duke Lacrosse situation.
Damn her for doing what she did she should be taken into custody.
She's dole his -- David Chase -- it five years plus he had his promising football future.
He any -- -- hurt him in the interview he seem like such an earnest young man who just he just want to move on with his life but.
If this -- this problem is bigger than just -- Brian banks now -- this system has a problem.
And there's a real question about whether the system needs to ask this young woman for some justice.
Well you know there's no question about -- making a -- -- law school by the way California western whose innocence project secured his exonerate shouldn't.
You know make it one of the problems is is assuming that her prior inconsistent statements -- her lies were not underwrote the prosecution would be giving false information.
Which is a misdemeanor in California.
Now the victim himself accused of now the victim in this case mr.
Does not want to go forward with that prosecution he doesn't want to cooperate.
It also -- you have the third prong of this problem.
Even though the DNA the defense attorney -- DNA tests it said it was knocked him.
What defense attorney that is worth the bar card they possess would tell him to plead guilty or pleads no contest -- in California.
Is considered by the court to the guilty plea.
But she told -- -- he told him to plead guilty.
And that presents a problem for the prosecutor going forward in this case because -- -- she's prosecuted she can then flip flop again and say well you know what went.
We are there I was -- -- -- also according according to the local reports of the LA times she has since recanted her -- can't Haitian mark.
But that of course she has now it's like there's a national spotlight on her as it turns out she doesn't like it -- -- much -- comfortable and it was on Brian banks.
Yet to -- the outcome.
Is important but it's less significant than her being locked up and going through the process of having media being defended and it would have given this -- -- -- out let's let this isn't Chad was telling me really I don't play more of her surveillance tape right after the break.
So now this this accuser.
She not only put a man in prison for five plus years but she sued she and her mother.
Sued the school district and recovered 750000.
Dollars for -- rape we just all heard her say.
Did not take place here is the accuser.
-- net -- talking again to Brian banks on this surveillance video about her big settlement was.
I'm older and -- little -- -- It right at the same time I'll have money they gave.
I mean 18100.
Page and I'll let let -- paid.
And I take a long time for her to pay back the money.
Listen does that factor in -- because according to the reports mark she doesn't have any money she's got two kids she can.
He's had trouble making support payments as I understand -- are getting support for them so.
He can't get blood from -- Two separate issues one -- should she be arrested even -- for a misdemeanor to fight for her liberty.
On that some type of crime which holds her accountable for lying the answers yes should they throw good money -- bad to go after to get a judgment think just the send that money back probably not because he's on public assistance -- never gonna see it back but let me just say this about that attorney.
The attorney did the attorney's job in saying look if a jury believes this woman.
Who appears to be believable and credible you could go to prison for the rest of your life they're offering you five years the attorney doesn't know -- in -- -- -- -- -- -- No way she got DNA saying it's not him is not -- hate us they want us.
One of the problems is Megan would not having not the case well have -- not the case yet it was -- David finish your point.
One of the problems is is that going after her now in a criminal case.
Would essentially cause a chill and rape victims as well -- was talking about earlier but it now he prosecutor rape victims are gonna compensate you know.
Maybe I'll be thought of as a liar too so I'm not gonna disclose as well also -- it's a double edged sword and that's one of the reasons I'm sure they're not going forward.
DNA samples from the -- from the -- sheriff's office came back negative as Brian -- insisted that they would.
Well let -- anyways don't indirectly.
Hold on hold on let's let's make the record clear negative is different than having someone else's DNA that supports another person that's not what happened it just like he said there wasn't all I guess I'm as thrilled I'm saying is true mark I've got a longer article -- I -- I can't find it right here but there where she was there where is their way at that there was a question about whether she had had.
A sexual I don't let somebody this is -- -- that it's -- not on the attorney.
This is on the -- -- what's up -- -- I don't know yeah and it allowed the attorney at the hook on this I gotta go thank you I agreed agreed making that.
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