The university has since settled several lawsuits from women who said their allegations of sexual assault by football players were mishandled or ignored. 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. 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. Whether she was rolling her eyes at the judge, her victims or her hair, Yovino should realize that she got off relatively lightly compared to the two men whose lives she destroyed. incident in May 2009. When you purchase a ticket for an independently reviewed film through our site, we earn an affiliate commission. Will he ever get to play football again? Hes a productive member of society.". Law & Crime asked her attorney, Ryan ONeill, about Yovino appearing to be rolling her eyes during the proceedings. Two former Oregon State University football players and one 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. While at the party, Wallace pulled her into the bathroom. Former Baylor Football Player Is Acquitted in Rape Trial, https://www.nytimes.com/2019/02/28/sports/baylor-scandal-shawn-oakman.html. (Jesse Skoubo/Gazette-Times), Former OSU quarterback Lyle Moevao returns to his seat in the Benton County Courthouse on Thursday afternoon. Now 26, Oakman says he has been working out and is in good shape. In the summer of 2012, Banks received tryouts with several NFL teams, including the Kansas City Chiefs, San Diego Chargers, and San Francisco 49ers. For the first time, the regulations would explicitly say accused students can be considered victims of sex discrimination if the university treats them unfairly in the disciplinary process. The policy came in response to what the administration saw as a growing campus sexual assault crisis. But at least this is some form of solace to them.". Banks was arrested and, on advice of counsel, pleaded no contest to rape and an enhancement of kidnapping in order to avoid a possible life sentence if tried by a jury. Brian Banks is an earnestly told true story of criminal injustice focusing on Banks (a terrific Aldis Hodge in a bust-out performance), a junior at Polytechnic High School in Long Beach, California, whos headed to USC on a scholarship and a future NFL career as a linebacker. (Jesse Skoubo/Gazette-Times), Lyle Moevao, right, and attorney John Rich stand before Judge Locke Williams on Thursday afternoon. According to Banks and his private investigator, Gibson refused to tell prosecutors that she had lied, so that she wouldnt have to return the money she and her family had won in court. Hes still embedded in that culture of being celebrated, being entitled and being able to do whatever he wants.. 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. After finally getting out, the next thing she remembered was walking home with a group of friends and Wallace, the report shows. 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. To a degree, their lives will never be the same. Having made a mark in films like Straight Outta Compton and Hidden Figures, and on TV in City on a Hill,Hodge hits new heights of commitment. So the imbalance is not unique to one gender or sex, she said. "Congrats to Brian Banks!," Carroll tweeted Wednesday. Single-Use Plastics To Go in Parts of LA County. Anyone can read what you share. [19][20], In March 2011, Gibson contacted Banks on Facebook, met with him, and admitted in the presence of a private investigator Banks had hired that she had fabricated the story. Get all your true crime news from Oxygen. A second boy also came forward but later recanted his accusation against Kelley. 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. 2023 Rolling Stone, LLC. I felt like I just went through the reporting process for nothing. St. Hilaire told the court, I went from being a college student to sitting at home being expelled, with no way to clear my name. Oakmans lawyer told the jurors that the two wanted to be together and that they had consensual sex. Dickstated publicly in 2017 that his office had failed Kelley,The Austin American-Statesman reported that year. [15][16], In May 2015, Banks married Emmy Marino. him a citation for unauthorized use of a vehicle. In thedocuseries, child testimony expert Dr. Kamala London points out that investigators' interviewing techniques were flawed:the kids were asked leading questions. Furthermore, an investigator used questionable tactics to interview the children. Running time: 1 hour 39 minutes. 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. wife Gaebri, who supported him throughout the whole ordeal, before his conviction was officially vacated while she attended the Broadway Dance Center. Baylor was accused of failing for years to properly investigate sexual assault allegations involving students. BRIDGEPORT, Connecticut (WPVI) -- A Long Island woman who falsely accused two Sacred Heart University football players of rape was sentenced in a Connecticut court Thursday. At 3:54 "We are aware of the situation and we are handling it internally Instead, it gets a pedestrian, by-the-numbers treatment that diminishes an impact that should feel as timely now as it was when it happened in 2002. He will graduate with his associates degree. Its hard to deny knowledge when its written on the students transcript. She accused me of what I believe to be a horrendous, horrific crime out of her own selfish concerns. In 2002, his Junior year, Banks verbally committed to USC. Brennan Olander, right, and Kristick wait to sign papers after their arraignment. He leads the team with 40 catches. But thats bogus reasoning the time is always right to address inequity, especially when the unjust incarceration of black men remains a national disgrace. "Hes a young inspiring entrepreneur," Brydon told, Hes doing very well. Oregon Ducks player accused of rape plays at different NCAA school A football star was expelled for rape twice. In a statement, Oregon attorney Kevin Reed noted that the student government pays for legal services for all students, and that its program for survivors, the Domestic Violence Clinic, is funded by a federal grant. 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. The couplemarried in January 2019. Create your free profile and get access to exclusive content. That summer, a 4-year-old boy who attended the McCarty daycare accused Kelley of molesting him. Moevao and two former teammates were arraigned on charges of felony unauthorized use of a vehicle for the alleged theft of an Oregon State golf cart earlier this year. eligibility, but that request was denied March 4. Several studies found at least 1 in 5 female students reported being sexually assaulted in college. Its quite rare, Johnson said, and very significant.. Rich is representing all three men. 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. After initially notifying her about the complaint, university officials did not update her again until after the school agreed to amend his transcript, she said. In part because of the apparent predatory nature of the acts, the university had marked Wallaces transcript with a rarely used notation that would alert other schools to his actions, records show. after he pleaded guilty to second-degree theft stemming from an One of them was McKay. He contendedthe police did a "truly deficient" job, claimed that Kelley's initialdefense attorney "had a conflict of interest," argued that the prosecution "had blinders on," and said the jurors didn't all go with their gut. Oregon permanently expelled him and ordered the notation placed on his transcript. When Carroll was head coach at USC, the program was one of several college powerhouses that recruited Banks, who is now26. 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. McLennan County District Attorney Abel Reyna announced Wednesday that a grand jury determined there was not enough evidence to proceed to trial for either player in a suspected November 2017 assault. A woman who confessed that she was trying to get sympathy from a guy she was interested in when she. Former Baylor football player Shawn Oakman says he wants to try to enter the NFL after being acquitted of sexual assault. November 13, 2015, 5:01 PM. District Attorney's Office. He made one tackle before the UFL suspended its season in October. Following his exoneration, Banks sought to resume his football career, playing for the now-defunct United Football League (UFL), attending mini-camps for several NFL teams, and later signing with the Atlanta Falcons. Looking back, she said, she would have appreciated a chance to be included or at least informed during that process. Two past and one current Oregon State University football "As I pursue the #NFL, the #UFL will be a vessel to gain experience and prepare me for a possible mid season pick up or next NFL season," Banks tweeted Tuesday. As Outcry shows,Kelley moved to New York City with his longtime high school sweetheart turned wife Gaebri, who supported him throughout the whole ordeal, before his conviction was officially vacated while she attended the Broadway Dance Center. 1 NFL draft picks were like as college football recruits: Only how many five-stars?! 2009 due to injuries. "Greg has been training with the NFL athletes and waiting for the opportunity to play for UT," Gaebri tweeted on Thursday. She recalled being heartbroken upon learning the school had sanitized Wallaces transcript notation. She underwent a rape-kit examination and was often scared, she said. of a vehicle - an OSU golf cart. Language links are at the top of the page across from the title. free-agent contract with the San Francisco 49ers of the National 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. The 200 Greatest Singers of All Time [10][11] Banks made his NFL debut in a preseason game against the Cincinnati Bengals, where he picked up two tackles. She will only serve one year, though, with the other two suspended as part of the plea agreement. A jury in Waco, Texas, found Oakman not guilty on Thursday. In the era of #MeToo, in which women are finally being given a voice against sexual predators, a movie about a false rape accusation feels like a tough sell. She kept trying to get away, but Wallace didnt stop, she said. tackle. . Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! Sign up forOxygen Insiderfor all the best true crime content. On their next date, they were making out and undressing in Wallaces bedroom when he started putting a condom on, a police report shows. She will do probably another three months in jail (shes already served three), serve her probation and move on with her life with a slap-on-the-wrist misdemeanor on her record. But with the federal agencys help, Loleta Wallace brokered a deal in which Oregon amended her sons transcript to say simply, Expelled for student conduct, records show, a change that would make other schools more likely to recruit him. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). He was expelled from Long Beach Polytechnic High School right after being taken into custody and placed at Juvenile Hall. In his two years there, he has racked up more than 1,100 receiving yards. The couplemarried in January 2019. I get that the processes have to be fair for everyone involved, but its also not fair when you sexually assault someone.. Furthermore, an investigator used questionable tactics to interview the children. He was the starting quarterback in 2008 until he He signed with the Atlanta Falcons of the National Football League (NFL) on April 3, 2013. Ducks Digest has reached out to the University of Oregon for comment but has not heard back yet. were arraigned Wednesday afternoon in Benton County Circuit Court, Greg Kelley went from a football hero to a wrongfully convicted sex offender sentenced to 25 years without parole. University of Oregon administrators and campus police led concurrent investigations and spoke to more than two dozen witnesses. 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. But that interpretation of the law is problematic, dangerous and part of a growing trend under Trump, said Sarah Nesbitt, policy and advocacy organizer for the nonprofit Know Your IX. This positions Banks as the underdog hero, tirelessly arguing his case while battling jaded minds and legal deadlines. "They just excluded any other possible theories about what else could have happened," Dick said of hispredecessors. [20], The video evidence was not admissible in court because the video had been made without Gibson's knowledge or consent and was not accompanied by a signed confession from her. Our experts answer 6 portal questions, College football reporters' NFL draft takeaways, Badgers WR Allen faces concealed weapon charge, USF RB facing charge for felony domestic battery, Deion 'ashamed' after only 1 HBCU player drafted, Spartans QB Thorne, WR Coleman enter portal, Philly Dawgs: Eagles add Ringo to UGA draft haul, Biden salutes Air Force for fall success over rivals, New Big Ten boss Petitti ready to lead 'new era', College football Future Power Rankings: Defenses, Ranking college football's 10 best running backs for 2023. In March 2017, a university Title IX investigator issued her findings. Both women separately agreed to meet Wallace in person for the first time in September 2016. Wallace denies the claims, but the university expelled him twice. Black News and Black Views with a Whole Lotta Attitude. Print fond memoriesThis pocket Bluetooth printer lets you print your precious memories before they hit Instagram. McKay hasnt spoken publicly about the case until now. And hes still a much-discussed draft prospect for the NFL. More recently, however, its priorities have shifted. 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. 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. They're happy that they've been vindicated. Two factors in particular triggered the OCRs investigation into Wallaces case, an Education Department official confirmed. Interim athletic director Alicia Pete and spokeswoman LaTonia Thirston ignored the USA TODAY Networks emails for a month. Hes living the American dream. In the video Law & Crime posted to their website, Yovinos body language does not reflect someone who regrets her actions. Up until now, Malik St. Hilaire and his fellow victim have kept their names out of the headlines and stayed out of the spotlightbut on Thursday, St. Hilaire told his attorney he wanted to confront Yovino about what she had done to him. 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. Copyright 2023 WPVI-TV. Her sentence will be suspended after she serves one year, followed by probation. Over the following days and weeks, she found herself crying all the time, she told police. could face for cumulative offenses. [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. The other performers hold their own in roles that at times feel underwritten. Wallace graduated at the end of the year with an associate degree, school officials said. 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. In 2012, his conviction was overturned when his accuser confessed that she had fabricated the entire story. They are all waiting and that will affect his recruitment.. Then she said. Then they told me that they were removing it from his transcript, and I just felt almost useless. Reclaiming the narrative of sex discrimination erases the very gendered nature of sexual violence.. The long history of white women waging their white womanhood against black men will forever haunt to the two young men who now have to find a way to pick up the pieces now that their ordeal is over. Wallaces transcript still noted his sexual misconduct when Oregon sent it to Prairie View in January 2018, Henley said one month before first-year Prairie View head coach Eric Dooley signed him. Once for each case of unwanted penetration, records show. Greg Kelleys life has not been simple. Brydon said. Brian Keith Banks (born July 24, 1985)[1] is a former American football player. injured his shoulder in November, and appeared in just one game in The ordeal forever changed the life of Blake McKay, one of Wallaces two victims. Oregon wasn't even the worst offender in the Pac-10, which effectively became the Pac-5 for the 1980 season after. A man who was exonerated after spending five years in prison for a rape he did not commit has another chance to pursue his dream of playing professional football. As a subscriber, you have 10 gift articles to give each month. "Hes a young inspiring entrepreneur," Brydon told Oxygen.com. A second boy also came forward but later recanted his accusation against Kelley. Witnesses said they saw a man driving the cart earlier, and he The intervention by the OCR is part of a broader shift in the agencys interpretation of Title IX, experts said. that resulted in . After receiving Loleta Wallaces complaint, the OCR gave her and the university the opportunity to settle the matter on their own terms rather than fully investigating and issuing a ruling. In 2012, his conviction was overturned when his accuser confessed that she had fabricated the entire story. He's currently enrolled as a student atthe University of Texas at Austin,KVUEreports. Troopers wanted Barnes is a former Fresno State basketball player and was at the school to receive an award Saturday night. Dick said he would not have even tried Kelley if he was in office at the time, noting that there was not enough evidence to prosecute in his view. He will want to go back to a Division I school, but the coaches, the first thing they will ask will be the result of the investigation. 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. I dont think that he should have the opportunity to be in that environment because it supports his behavior. During this time, Wallace met a couple of female students through the photo-sharing app Instagram, police reports show. Within two weeks of his first fall term at Oregon, two female students separately told campus officials that Wallace raped them. Subscribe to our Daily Headlines newsletter. The black and orange cart was reported stolen March 14. Oregon kept her in the dark as it negotiated the resolution agreement with Loleta Wallace, she said. He was just a junior at that point. Ultimately, seven Oregon players were found to have received fake credits. [2][8], Banks signed with the Las Vegas Locomotives of the UFL on September 20, 2012, appearing in two gameshis first meaningful game action since playing in his last high school game more than 11 years earlier. Banks is hustled to take a plea deal, which lands him in prison for six years before hes paroled into society as a registered sex offender, forced to wear a monitoring device, and faces job prospects that dont include football or working anywhere near a school. Western Boulevard. Hes a productive member of society.". The two former college football players who were falsely accused of rape by a white Long Island student have accused Sacred Heart University of violating a contract protecting the rights. Wallaces mother was already on top of it. Wallace arrived on campus at the University of Oregon shortly after graduating from DeSoto High School in Texas. Yovino had initially claimed she was raped by the two students in a bathroom during an off-campus party. Removing the transcript notation was her top priority, records show. I dont think that he should have the opportunity to be in that environment because it supports his behavior, McKay said. [6] After being falsely accused of rape by classmate Wanetta Gibson, he spent close to six years imprisoned and five years on parole. Send us a tip using our anonymous form. When the police confronted her with the evidence, she reportedly admitted she had made up allegations. [2][3] Banks signed as an undrafted free agent with the Las Vegas Locomotives of the United Football League in 2012.[4][5]. JakeBrydon, who led themovement to get Kelley exonerated, told Oxygen.comthat the prosecutor's office offered Kelley 10 years of probation with no jail time but he refused to take the deal, proclaiming innocence. 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. He also said it was unfair to characterize her behavior as defiant. True story of a football player falsely accused of sexual assault, told in the #MeToo era, is a nonessential telling of a vital story She said she attended an off-campus party on Oct. 15, 2016, in Bridgeport, Conn., where the two men pulled her into a basement bathroom and took turns raping her. By EMILY SHAPIRO. First, Oregon had a program offering free legal services to survivors but not to accused students. I went through all this pain of trying to just get to the end of the case. A university that knowingly brings to campus a student whos committed a sexual assault elsewhere can be held liable if that student hurts someone else and the school did nothing to protect other students, according to multiple civil rights and Title IX attorneys. He had proposed to her in 2017 just a day after a Texas judge ordered to vacate his conviction, KXAN reported at the time. In February 2017, Yovino told police that she had been raped by two black Sacred Heart University football players. not to cite them and forwarded the case to the Benton County Loleta Wallace also said Oregon discriminated against her son based on his race. Oregon promised Loleta Wallace that the August 2018 resolution agreement would not be discoverable or releasable under the Freedom of Information Act, but the USA TODAY Network obtained a copy from a university source. Is it enough that his accuser contacts Banks on Facebook hinting at a recantation? {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, Highway 20 construction prompts these changes between Albany, Corvallis, Corvallis educators rally for funding, prepare to lose jobs, An unhoused story: Corvallis woman has good job but no home, At one Corvallis park, workers clear a dam by day; beavers return at night, Corvallis, say goodbye to those downtown trashcans, Two Albany pharmacies will close their doors next month, Corvallis seeks help in cleaning up trash around homeless encampments, With state funds in doubt, Corvallis schools could face a $5M hole, Benton County issues response to Corvallis bond measure questions, OSU women's basketball: Goodman returns to program as assistant coach, Update: Man says he set Sweet Home church fire, 'I don't like church', Philomath man accused of multiple Dollar Tree robberies, 'A legend is born': Kirsten Neuschfer becomes first woman to win historic Golden Globe Race, Beavers get community service for golf cart caper, Instagram mom convicted for fabricating story about kids' kidnapping, King Charles and Queen Camilla's will use thrones recycled from King George VI's coronation, Rare images captured of butterflies taking flight after emerging from chrysalis, Ride like royalty! Her sleep and studies suffered, and she stopped going out. Coverage of the latest true crime stories and famous cases explained, as well as the best TV shows, movies and podcasts in the genre. Banks was also relieved of his record as a sex offender, allowing him to resume his sports career. Kelley fought the charges but was convicted in 2014 of two counts of super aggravated sexual assault and sentenced to 25 years in prison. BRIDGEPORT, Connecticut (WABC) -- A Long Island woman who falsely accused two Sacred Heart University football players of rape was sentenced in a Connecticut court . In January, Olander was ordered to complete a diversion program Rated PG-13 for inmate angst, teenage fumbling and the saucy philosophy of Funkadelic. Anyone can read what you share. Editors picks "Trying to go recreate a case involving small children years later, memories fade, change and its just almost impossible to go back and actually do justice in that case," he continued, explaining how a flawed prosecution can rob victims of true justice. 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. [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. ONeill told Law & Crime that the judge had not reprimanded his client for her behavior, and that Yovinos actions in court was just a nervous young woman trying to keep her hair out of her face as she stood in restraints for a long period of time. 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