(CBS/AP) LONG BEACH, Calif. - A former high school football star whose dreams of a pro career were shattered by a rape conviction burst into tears Thursday as a judge threw out the charge that sent him to prison for more than five years.
Brian Banks, now 26, had pleaded no contest 10 years ago on the advice of his lawyer after a childhood friend falsely accused him of attacking her on their high school campus.
The district attorney offered Banks a deal -- plead guilty to rape and spend another 18 months in prison, or go to trial and face 41 years to life, CBS Los Angeles reports.
Banks said his defense attorney told him, "'When you go into that courtroom the jury is going to see a big black teenager and you're automatically going to be assumed guilty.' Those are her exact words."The "victim" approached Banks after he was let out and admitted that there was no rape, that the sex was consensual, but was afraid to say anything because she had received $1.5 million from the Long Beach school district because they had failed to protect her, and she was concerned that she might have to give the money back if she admitted that she made up the rape.
Yes, she needs to give the money back. And go to prison. And spend the rest of her life paying everything that she ever earns to this guy for ruining his life.
One more message: don't have sex with women you aren't married to, or you put yourself at great risk.