Oops - looks like the Phins have come out and said they did not offer him a tryout. Too bad.

I guess the suit was $1.5 million, the only number thrown around lately in the press but the settlement was $750,000.

Still, to blow through that money and end up on public assistance in 10 years?

And not take care of your children, and you're the woman?

chyren, explain to me how she is not arrested for perjury on the spot? she's basically admitted the sworn statements she made are false. seems to me that these women who make false rape accusations sending an innocent guy to jail and ruining his life aren't just as bad as rapists. I really hope the state comes down hard on her.

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The beatings will continue until morale improves.

On the spot was a secretly videotaped session, unbeknownst to her obviously, between her and Brian Banks. There may have been a second session involving a private detective working on Banks behalf. She admitted that the rape never happened.

I've read so many stories but doesn't the link above say that she wanted to "get back with him" and that her opening email to him was "Let bygones be bygones." Wow, a rape.

I feel you, berk. But like I said, there are sound policy reasons for not prosecuting someone who has voluntarily agreed that they lodged a false accusation.

Again, I reiterate, we should still hang her, prosecute her for perjury, on the false CIVIL complaint she made. That was something even other false rape accusers never do. I doubt the penalty for a false criminal accusation is any WORSE than for a perjury on a civil suit.

I'll give you another example from our Southern California recent headlines.

In Pasadena, two teenage boys, one a college student, jacked up another kid and stole his laptop. In order to get the police really involved, the victim reported that both assailants had guns. When asked to confirm by the 911 operator, he said "Yes, they both had guns."

He gave out a description and the police saw the college kid fitting the description and from the Patrol car yelled out "stop." The kid ran and at some point turned around. The police indicated that he made a furtive gesture into his waist and three policemen opened fire on him from different cars.

He was killed. He had no weapon. The victim who made the report admitted he lied.

The same District Attorney as in Long Beach (Los Angeles County DA Steve Cooley) did not prosecute the false police report.

I can't figure out that one myself because I would have prosecuted the false reporter for felony-murder. Any death resulting in the course of a commission of a felony is felony-murder. A false police report, to me, is not just complete upon the reporting itself, but continues in progress until the end of that investigation, or, until the false reporter recants, whichever comes first.

not sure I buy that. they lock up people all the time who admit they committed a crime. if nothing else going after her criminally (and civilly, but she's got no $$ anyway so what's the point) would hopefully deter others from coming forward with false accusations. I can see an argument on the other side (one which I am sure the state is probably wary of inviting) that this is "attacking the victim" and women will be less likely to come forward with legit accusations of rape if this one is prosecuted for blatently lying, but I don't buy that at all. Not only this this woman ruin banks' life and get him thrown in jail for years, but she then sued the school and collected 1.5mm from the state for her bogus story. she's scum.

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The beatings will continue until morale improves.

I see your point but still say lock her up. wouldn't she have had to have lied both to a grand jury and in her civil case? both are perjury, but I'd say lying to the grand jury is worse, obviously.

I really doubt (1) there are many women who would come forward and recant false accusations of rape but now would not because this woman was charged with perjury, or (2) anyone who would would be more inclined to do come forward if this woman's perjury charged stemmed from lying in a civil case or to a grand jury.

don't want to get into a big thing here, just stating my opinion.

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The beatings will continue until morale improves.

We'll have to agree to disagree but to fill you in on California law, the grand jury can be used for criminal offenses but it is rarely used.

It's usually only used in cases involving politicians and other "sensitive" matters.

The USUAL way of bringing someone to trial here is through a preliminary hearing. There the prosecution presents a skeleton of its case being enough to establish that there is reasonable cause to believe that the person committed the offense.

The defense can, but rarely does, submit evidence of its own. Fully aware that the defendant will be bound over, the defense uses the "Prelim" as we call it as a discovery tool and to later contradict prosecution witnesses on any inconsistencies in their testimonies at the actual trial.

Now to answer your question. Brian Banks was 16 and a juvenile, so there was no preliminary hearing. In juvenile court, there is a fitness hearing to determine whether he is a fit subject of juvenile adjudication or whether he should be tried as an adult.

My information is that he pled nolo contendere before going to a preliminary hearing and after he was found an unfit subject for juvenile adjudication.

His plea was motivated by the fact that he faced, as an adult, a term of life with possibility of parole (25 years to life) plus an additional 15 years or 40 to life. He was pressured to plead by his attorney.

Now that's the real fight I have but that's another long discussion.

We just have to disagree about your last two paragraphs. To me, things happen in waves. When something happens in the press, no matter what it is, other people come forward. Look what happened to John Travolta. One person accuses him of sexual assault and all of a sudden others come out of the woodwork.

Not an exact analogy but even this scumbag said she was living with guilt and wanted to date him to make things up to him. So if she could have those feelings, I think other less scumbaggy false accusers might decide its an appropriate time to clear the men they accused also. Anyway, what do you have to lose if you can nail this woman on civil perjury anyway?

john travolta was accused of sexual assault? I missed that one. was he assaulting a guy?

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The beatings will continue until morale improves.

Yep. Massage parlor guys.

lol, how'd i guess

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The beatings will continue until morale improves.

ChryenB-

I'm not sure of the law on this but - he was in prison for 6 years, and out at least a year with the ankle monitoring bracelet, so I'm guessing it's been at least 7 years since she perjured herself. Wouldn't that be beyond the statute of limitations in this case, and so no charges, criminal or civil, could be brought against her?

Personally I'm amazed that he has been able to maintain such a positive outlook considering everything unjust that's happened to him. A little like the "Shawshank Redemption."

Most perjury statute of limitations start running from the point of the discovery of the perjury. It's kind of considered like fraud. It's a crime of deceit and sometimes the fact that there is fraud is not discovered until well after its commission.

dolfans1 Wrote:
-------------------------------------------------------
> ChryenB-
>
> I'm not sure of the law on this but - he was in
> prison for 6 years, and out at least a year with
> the ankle monitoring bracelet, so I'm guessing
> it's been at least 7 years since she perjured
> herself. Wouldn't that be beyond the statute of
> limitations in this case, and so no charges,
> criminal or civil, could be brought against her?
>
> Personally I'm amazed that he has been able to
> maintain such a positive outlook considering
> everything unjust that's happened to him. A
> little like the "Shawshank Redemption."

I figure he'd be in Zihuatanejo by now

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The beatings will continue until morale improves.

>
> I figure he'd be in Zihuatanejo by now


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