Sat May 26, 2012, 07:48 PM
tawadi (2,002 posts)
Ex-football player, wrongly jailed for rape, wants money from state
May 26, 2012 | 7:53 am
A former high school football star who had his rape conviction dismissed plans no legal action against the woman who recanted the sexual assault claim she made 10 years ago.
But Brian Banks, 26, does plan to file a claim against the state, seeking money for his time behind bars, his attorney said.
"We do not plan on taking any legal action against Gibson," said Banks' attorney, Justin Brooks of the California Innocence Project, referring to Banks' accuser, Wanetta Gibson. "We do plan on filing a state claim for the $100 a day Brian is entitled to under State Law 4900 for every day he was wrongfully incarcerated."
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Ex-football player, wrongly jailed for rape, wants money from state (Original post)
Response to tawadi (Original post)
Mon May 28, 2012, 01:47 AM
XemaSab (58,175 posts)
4. I don't think suing the state for giving the wrong verdict in a trial is a good precedent
If that were the case, then why wouldn't a victim's family be able to sue the state for letting a murderer go?
There are probably some guilty people who are let off and some innocent people who are convicted, but short of gross negligence on the part of a governmental agency, how is the state culpable in our current system, especially if you have a lying witness?