Brian Banks

[JoeRedskin]

DNA wasn't necessary - he admitted he had sex with her. He just asserted it was consensual.

[SBXVII]

Originally Posted by JoeRedskin

DNA wasn't necessary - he admitted he had sex with her. He just asserted it was consensual.

100% correct. Had he decided to go to trial then the Prosecuter would have had the burden to prove there was some form of sexual encounter. But partially his lawyers fault, presented his client with the fact his case didn't look good and if he takes it to a trial and loses he would be looking at 40 yrs in jail. Instead the young man took the plea agreement (basically saying he did it or that there was enough proof to possibly find him guilty) and got the 5 yrs jail, 5yrs home monitering.

The weird fact is apparently all they did was go behind the school and kiss, but she stated they had sex. He was admitting they had sex (consensually) even though they did not. One would think that if he was getting arrested the same day it happened then the detectives would have taken her to the hospital to determin if she had had sex earlier that day. Unless all the evidence was inconclusive. Which would be weird. Nothing adding up but believing her story?

In any case he basically admitted it happened and took the lesser punishment. Hopefully his civil suit works for him cause I'm wondering if the fact he took the plea would wash the gov from any wrong doing. If he denied and went to trial and was found guilty then I could see him winning this case.

He has a better chance of going after the girl with a civil suit then he does the gov. I'm shocked the public is not putting pressure on the prosecuters office and the school board to go after this girl and or her family for the false police report and to have them pay the county back in some way or fashion. I'd be pissed if my local gov made this mistake and was not going to right the wrong.

[skinsfan69]

Originally Posted by JoeRedskin

DNA wasn't necessary - he admitted he had sex with her. He just asserted it was consensual.

Can't send someone to jail on he said she said. Can't do it.