And hes still a much-discussed draft prospect for the NFL. We may earn a commission from links on this page. Brian Banks isnt a great movie, but it is a worthwhile one. Wallace denies the claims, but the university expelled him twice. McKay reported a similar reaction, telling police that before the night with Wallace shed been an open, outgoing person who liked meeting people. The actual number is likely far higher, as most universities refuse to release records from disciplinary proceedings, even though federal law allows them to do so. the OSU athletic department. "Hes doing very well. An oft-repeated criticism of the film is that this isnt the right time to tell the story. Brian Keith Banks (born July 24, 1985)[1] is a former American football player. Former Baylor Football Player Is Acquitted in Rape Trial, https://www.nytimes.com/2019/02/28/sports/baylor-scandal-shawn-oakman.html. Get Los Angeles's latest local news on crime, entertainment, weather, schools, COVID, cost of living and more. Hes still embedded in that culture of being celebrated, being entitled and being able to do whatever he wants.. Print fond memoriesThis pocket Bluetooth printer lets you print your precious memories before they hit Instagram. Copyright 2023 WPVI-TV. The Department of Education told the USA TODAY Network that it neither approved nor endorsed the deal and acted simply as a neutral facilitator after opening the investigation. Marcus Solis has the details. that resulted in . All Rights Reserved. A female college student who was facing six years in prison after admitting to falsely accusing two football players of raping her has gotten off relatively easy: As the result of a last-minute plea deal, former Sacred Heart University student Nikki Yovino will only spend one year behind bars, if that. "I want to play football at the highest level and just really finally get . But Wallaces case stands out because of the federal governments role in helping hide the nature of his campus offense. She accused me of what I believe to be a horrendous, horrific crime out of her own selfish concerns. She again told him no, that she wasnt ready. had flipped it over. At no time did OCR indicate to UO that OCR had concerns about the accuracy, adequacy, or fairness of our Title IX processes.. Copyright 2023 NBCUniversal Media, LLC. Coverage of the latest true crime stories and famous cases explained, as well as the best TV shows, movies and podcasts in the genre. In January, Olander was ordered to complete a diversion program were arraigned Wednesday afternoon in Benton County Circuit Court, He added that the women reported him after they realized that I did not want to pursue relationship (sic) with either one(.). She was scared she might run into Wallace on campus, couldnt focus in class and found herself anxious all the time. She ended up dropping a class. He signed with the Atlanta Falcons of the National Football League (NFL) on April 3, 2013. Kelley is also continuing with his education. a.m. on March 18, Oregon State Police found the cart, damaged, in a Yovino then dropped out of the university and returned home to Long Island. WACO, Tex. When Carroll was head coach at USC, the program was one of several college powerhouses that recruited Banks, who is now26. And after Shawn Dick took office in 2016 and became the Williamson County district attorney, even the prosecutor's office sided with Kelley and his supporters. As for Shadyac, its been almost a dozen years since he released his last narrative feature, before a serious cycling accident set him on a different path. free-agent contract with the San Francisco 49ers of the National Their lawyer said one of the things that made the case more difficult was how it all played out, with Yovino initially fighting the charges, then rejecting a plea deal before ultimately pleading guilty immediately prior to jury selection. The issue is consent, deputy district attorney Katherine Green wrote in both case evaluation memos. During this time, Wallace met a couple of female students through the photo-sharing app Instagram, police reports show. Banks accepted and his speech was well received. dreams after serving nearly six years in prison. That summer, a 4-year-old boy who attended the McCarty daycare accused Kelley of molesting him. An investigation by the USA TODAY Network identified at least 33 current and formerathletes since 2014 who transferred to NCAA schools despite being administratively or criminally disciplined for a sexual offense at another college. He reached out to the other through a direct message saying, your so gorg (sic).. In addition, four women came forward accusing McCarty of rape, including a girl who had been 15 at the time she had been drugged and raped by him. In one sequence, as Banks races to make a critical meeting with the district attorney, his hardheaded parole officer shows up for a lengthy search of his car. Anyone can read what you share. He made one tackle before the UFL suspended its season in October. He attended minicamp with the Seattle Seahawks, whose head coach, Pete Carroll, had offered Banks a scholarship in 2002 when he was head coach at USC. But the message was the same, that their lives have been forever changed by the accusations. after he pleaded guilty to second-degree theft stemming from an I just hope she knows what she has done to me. One of them was McKay. In January 2013, a different woman had accused Oakman of physically assaulting her, according to a police report. A hidden-camera confession helped exonerate Banks, who was cleared of the charge on May 24. Thats because the national organization that regulates college athletes has no penalties for sexual, violent or criminal misconduct. To a degree, their lives will never be the same. of a vehicle - an OSU golf cart. Brydon said. Detectives believed her at first and had witness statements that seemed to corroborate her story, and it appeared the investigation was leading to charging the two students. From left, attorney John Rich, former Oregon State University football players Keaton Kristick and Lyle Moevao and current OSU player Brennan Olander sit in the Benton County Courthouse on Thursday afternoon. Last June, a McLennan County grand jury declined to indict two football players accused of sexual assault. The other performers hold their own in roles that at times feel underwritten. We ranked college football's top 37 spring transfers: Who tops the list? A judge recommended to the Texas Court of Criminal Appeals that Kelleys conviction be vacated in 2017 after a long and difficult battle from Kelley's supporters, according to theNational Registry of Exonerations. This positions Banks as the underdog hero, tirelessly arguing his case while battling jaded minds and legal deadlines. UO did change the notation on the transcript, university spokesman Henley said, to make it consistent with how transcripts are noted in all expulsion cases., The university is constantly examining its Title IX processes with an eye toward improving our response to issues of campus safety as well as fairness, Henley added. Drivers ticketed for leaving cars in path of street sweepers, ESPN: Harper to return to lineup 159 days after Tommy John surgery, 'Yes, I'm afraid': 2 arrested after violent chase through neighborhood. The department denied the USA TODAY Networks subsequent request for the same file, after Oregon attorneys complained it released private information to Harbaugh. Oregon wasn't even the worst offender in the Pac-10, which effectively became the Pac-5 for the 1980 season after. [23], In 2013, the Long Beach Unified School District won a $2.6 million judgment against Gibson, recouping $750,000 in payments paid to her along with attorney's fees, interest, and $1 million in punitive damages;[24][25] Gibson failed to appear in court. While at the party, Wallace pulled her into the bathroom. I believe that public knowledge about sexual violence, and how universities respond or do not respond to it, helps encourage survivors to come forward and report and helps universities develop better policies and procedures. True story of a football player falsely accused of sexual assault, told in the #MeToo era, is a nonessential telling of a vital story He initiated a conversation with one by posting hearts on her photo. Additionally, Kelley is looking for reparations for the injustice he experienced. Breaks Down His Killer White House Correspondents Dinner Set, Right-Wing Media and Anti-Trans Groups Welcome Kiss' Paul Stanley to the Cause, Stagecoach 2023: Lainey Wilson, Chris Stapleton, and Nostalgia Dominate Countrys California Fest, Ed Sheeran Plays Van Morrison Song as Proof He Didn't Steal From Marvin Gaye in Copyright Trial. Oregon Ducks player accused of rape plays at different NCAA school A football star was expelled for rape twice. But now because of the decision theyve indicated that theyll mark his transcript. In 2012, Kelley had moved into his friend Johnathan McCartys home which also served as an in-home daycare facility when his own parents fell ill. At the time, he was a popular football star for Leander High School in Cedar Park who received a scholarship in June of 2013 to play football at University of Texas at San Antonio. He was named one of Rivals.com's "Juniors to Watch" of the class of 2003. Johnathan McCarty then became a suspect after police found several pictures of naked children on his phone, associated with child pornography. injured his shoulder in November, and appeared in just one game in Sherri Shepherd, as Bankss distraught mother, has little to do but wail, My son is innocent! And Melanie Liburd, as a fictional romantic interest who is also a survivor of sexual assault, seems to have been included merely to present a victims perspective. current team member are facing felony charges of unauthorized use We are very proud of the service the clinic provides and do not think there is any real risk that OCR was going to find UO in violation of civil rights laws due to its administration of a grant from the United States Department of Justice, Reed said. When he gives his history to Karina (Melanie Liburd), a personal trainer he likes, he learns she has been a victim of sexual assault. Over the past several years, the Education Department has investigated hundreds of schools for mishandling victims reports of sexual assault. (Admittedly, at 32 hes hampered by having to play those flashback scenes of Banks as a teen.) Once for each case of unwanted penetration, records show. He started kissing her then flipped her around so she was facing the sink and forced his penis into her from behind, the report says. Wallace followed her to bed, she told police. In 2012, his conviction was overturned when his accuser confessed that she had fabricated the entire story. [20], Prior to the taped confession, Banks had asked for help from the California Innocence Project (CIP), a nonprofit law school clinic run by the San Diego-based California Western School of Law that investigates and litigates cases of actual innocence. Finally, when presented with the detailed allegations against Wallace, Thirston responded, In accordance with federal and state privacy laws, Prairie View A&M University cannot comment on a students disciplinary history, if any, or admissions process.. Oakmans family and friends had huddled in prayer during the deliberations and screamed in glee when the verdict was read. Yovino admitted months later that she made the story up in an attempt to get sympathy from a young man she was hoping to date. She underwent a rape-kit examination and was often scared, she said. In 2012, his conviction was overturned when his accuser confessed that she had fabricated the entire story. According to The San Diego Union-Tribune, 27-year . Tall and strong with blazing speed, he courted offers to quarterback some of the NCAAs brand-name programs, from Texas Tech to Ohio State. She additionally believed that text messages exchanged between her son and each woman after the assault demonstrated his innocence, according to a transcript of her phone call with OCR officials. Kristick is a former linebacker. A jury on Thursday found a former Baylor University football player not guilty of raping another student in 2016, the latest case linked to a scandal that rocked the university and led to the departure of several top leaders. Then she said. dreams after serving nearly six years in prison. Jeff Lewis via Wikimedia (CC BY-SA 4.0) eligibility, but that request was denied March 4. They're happy that they've been vindicated. When we most want the movie to show, it tells. incident in May 2009. On her first date with Wallace, the athlete wanted sex but she told him no, that she was a virgin and that it was against her religion, according to her account in a police report. The roller-coaster of emotions: fear, anger, sadness, embarrassment, depression, anxiety and the list goes on. Thats not how sex discrimination works, Nesbitt said. As a subscriber, you have 10 gift articles to give each month. And after Shawn Dick took office in 2016 and became the Williamson County district attorney, even the prosecutor's office sided with Kelley and his supporters. As "Outcry" points out, McCarty's initial lawyer was close friends with the McCarty family and she declined to look at himas a potential subject. Brian Banks, a highly recruited. Wallace withdrew from Oregon before either the student conduct or criminal investigations concluded. [27][28] It is directed by Tom Shadyac and features Aldis Hodge as Banks, Greg Kinnear as Brooks and Tiffany Dupont as CIP attorney Alissa Bjerkhoel.[27][29]. I dont think that he should have the opportunity to be in that environment because it supports his behavior. With that support, Wallace has little incentive to change, she said. The scandal surrounding the team resulted in the firing in 2016 of Coach Art Briles and the resignation of Athletic Director Ian McCaw. Wallace graduated at the end of the year with an associate degree, school officials said. Whether or not this really happened (Banks was closely involved in the making of the film), the incident feels like manufactured tension in a movie that is sometimes disappointingly bland. Troopers wanted Malik St. Hilaire said his life has been a roller coaster since the incident and that he suffers from anxiety and PTSD. KC Johnson, a Brooklyn College professor who tracks litigation involving students accused of sexual misconduct, said Wallaces case is the first hes heard of in which the OCR took the position that unequal resources for the accused can constitute sex discrimination against men. The three were arraigned on charges of felony unauthorized use of a vehicle for the alleged theft of an Oregon State golf cart earlier this year. Falsely accused of rape in 2002 when he . For Banks and his loyal single mom Leomia (Sherri Shepherd), hope comes in the form of the California Innocence Project, which may be able to give Banks a chance to overturn his verdict. Kelley's case"clearly was the perfect storm of all aspects of the criminal justice system failing," Dick told Oxygen.com. That future evaporates when Banks is wrongly accused of sexual assault by fellow student Kinnesha Rice (Xosha Roquemore). Since his release from prison, Banks has tried out for NFL teams, including the Seattle Seahawks and former USCcoach Pete Carroll. He had proposed to her in 2017 just a day after a Texas judge ordered to vacate his conviction. At some point she fell asleep or passed out, she said. The 50 Worst Decisions in Music History Much of this is heavy-handed; yet its to the filmmakers credit that Bankss accuser (perfectly played by Xosha Roquemore) is neither vilified nor otherwise degraded. He was the starting quarterback in 2008 until he Both men are now planning civil lawsuits. Sign up for our newsletter to keep reading. When he was in high school, standout football player Brian Banks was falsely accused of a terrible crime. Hes a productive member of society.". Troopers spoke with Moevao on the evening of March 18 and gave Brennan Olander, right, and Kristick wait to sign papers after their arraignment. That nothing prevented Wallace from continuing his college football career after the school found him responsible for two separate charges of rape shows that the NCAA really provides support for athletes to do things like sexual violence, she said. The university president, Kenneth W. Starr, was demoted and then he resigned. A second boy also came forward but later recanted his accusation against Kelley. The McLennan County jury deliberated about two hours before acquitting the former player, Shawn Oakman, of sexual assault. Furthermore, an investigator used questionable tactics to interview the children. If youre that sure he did it youll give him no jail time, but if he is that adamant about not pleading guilty, youll give hima 25 year sentence?" Oakmans lawyer told the jurors that the two wanted to be together and that they had consensual sex. 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[12][13] He played four preseason games with the Falcons before being released on August 30, 2013. Hes living the American dream. Football Player Falsely Imprisoned for Rape, Exonerated, Gets Pro Contract Ronald E Franklin Oct 15, 2022 2:21 AM EDT Brian Banks has already experienced his worst nightmare: being falsely accused of and imprisoned for rape. They lost their opportunities for education, athletic, and future life success all because a desperate young woman wanted a date. Check out never-before-seen content, free digital evidence kits, and much more! McKay had hoped the transcript notation would protect other women by preventing, or at least limiting, Wallace's recruitment to a new school, she said. Even when expelled from school for rape, the NCAA allows athletes to transfer elsewhere and keep playing. 2009 due to injuries. In March 2017, a university Title IX investigator issued her findings. Both withdrew from the school, and one lost his football scholarship over the incident. Steve Fenk, the assistant athletic director for communications What No. Banks says that his lawyer said that by pleading no contest he would receive probation, but no jail time. charge all three. The linebacker was 16 when a girl he had known since childhood accused him of rape. A woman who confessed that she was trying to get sympathy from a guy she was interested in when she. In his two years there, he has racked up more than 1,100 receiving yards. But as Wallaces case illustrates, OCR now is applying the law to a broader range of claims, including those made by male students or their mothers claiming reverse sex discrimination in disciplinary proceedings. Brian Banks was 16 in the summer of 2002, a 6-foot-2, 220-pound LB, as promising a football player as any high school kid in the country. not to cite them and forwarded the case to the Benton County The proposal to add a confidential respondents resources coordinator position was under discussion for many months before the resolution of the complaint with the former students mother., Said Johnson, the Brooklyn College professor, Its a statement from the OCR that a school can violate Title IX by unfairly treating an accused student.. Brydon told Oxygen.comthat the Kelleys have sincemoved back to the Cedar Park area following their wedding. He leads the team with 40 catches. Her sentence will be suspended after she serves one year, followed by probation. That its director is Tom Shadyac best known for a string of crude, big-ticket comedies starring the likes of Jim Carrey (Ace Ventura: Pet Detective) and Robin Williams (Patch Adams) only increases fears of a fumble. St. Hilaire said he has experienced anxiety and PTSD as a result of the false charges. Falsely accused of rape in 2002 when he was just 16, and pressured by his scandalously ineffective lawyer to accept a no-contest plea, he sacrificed a guaranteed football scholarship to the University of Southern California. I lost my scholarship, my dream of continuing to play football and now I am in debt $30,000 and Im simply trying to get ahead as best as I can., First she said that two black men violently raped her. In May 2017, the Lane County District Attorneys office declined to prosecute either case against Wallace. She recalled Wallace later pulling her into a bedroom at the party, trying again to have sex with her and not letting her leave. He enrolled in January 2017 at Trinity Valley Community College in Athens, Texas, about 80 miles from his hometown of DeSoto, Trinity Valley officials confirmed. A promising high school football star, Brian Banks lost 11 years of his life after being wrongfully accused of rape by a fellow Long Beach Poly student in 2002 and persuaded to plead no contest in . The U.S. Department of Educations Office for Civil Rights (OCR) under Secretary Betsy DeVos facilitated a confidential deal between Wallaces mother and the University of Oregon, in which Oregon agreed to change the athletes transcript to remove reference to the sexual assaults. First, Oregon had a program offering free legal services to survivors but not to accused students. According to Law & Crime, by taking the plea agreement, Yovino avoided the more serious felony charge. He joined the football team that same year and caught eight touchdowns in 12 games, earning first-team all-conference honors for the season. A few weeks later, he was hired to join the NFL Department of Operations. A feature film project based on Banks' story, List of wrongful convictions in the United States, "Brian Banks released by Atlanta Falcons", "Brian Banks, football player exonerated in rape case, to sign with UFL team", "Brian Banks signs with Las Vegas UFL team", "Pete Carroll excited to give Brian Banks a chance", "Exonerated Brian Banks signs with Atlanta Falcons", "Atlanta Falcons sign exonerated Brian Banks", "Exonerated Football Player Brian Banks Back on the Gridiron After Five Years in Prison", "Brian Banks makes NFL debut after false rape conviction", "Exonerated of rape, Brian Banks now realizing NFL dream in different capacity", "Banks' NFL Dream Leads To League Office", "Exonerated Football Star Brian Banks Getting Divorced", "Brian Banks spent five years in prison after being falsely accused of rape, but now he finally has a career in NFL", "Ex-Poly standout has rape and kidnapping conviction reversed", "A 10-year nightmare over rape conviction is over", "Brian Banks and His Mother Join "Innocence March" to Protest Wrongful Convictions", "Long Beach Unified wins judgment against accuser in false rape case against Brian Banks", "Prosecution of false accuser in rape case seen as difficult", "Tiffany Dupont Joins Greg Kinnear in Brian Banks Drama", "Brian Banks Movie Production Filming In Memphis, Seeks Football "Fans", "Brian Banks takes his next step with the UFL", https://en.wikipedia.org/w/index.php?title=Brian_Banks_(American_football)&oldid=1143589283, Players of American football from Long Beach, California, Overturned convictions in the United States, Long Beach Polytechnic High School alumni, Short description is different from Wikidata, Articles using infobox templates with no data rows, NFL player missing current team parameter, Infobox NFL biography articles missing alt text, Infobox NFL biography articles with old NFL.com URL, Wikipedia articles needing clarification from April 2021, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 8 March 2023, at 17:58.