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Meanwhile Gibson and her family filed a lawsuit against Long Beach schools. They settled the case for $1.5 million. Gibson’s mother, Wanda Rhodes, could not be reached Thursday for comment.
Gibson contacted Banks on Facebook last year.
When Banks heard from her, he recalled, “I stopped what I was doing and got down on my knees and prayed to God to help me play my cards right.”
According to Banks and his private investigator, Gibson refused to tell prosecutors that she’d lied, lest she have to return the money she and her family had won in court. She also said she feared it would affect her relationship with her children, Banks’ attorney alleged in court papers said.
But her taped admission was enough to interest the Innocence Project attorneys, who said they had never before taken the case of someone already released from prison. When they reexamined Banks’ case, said Innocence Project attorney Justin Brooks, investigators also found other evidence to back up his claims.
After the alleged rape, no male DNA had been detected on Gibson’s underwear, court papers said. Also, the classmate Gibson first told about the alleged attack -- via the note -- said Gibson later admitted to making up the story so her mom wouldn’t find out she was sexually active, attorneys said.
More recently, Gibson has backed off her recantation, Brooks said. Nevertheless, when presented with the Innocence Project’s findings, L.A. County prosecutors agreed the case should be thrown out.
“It’s not our job to maintain a conviction at any cost,” said Deputy Dist. Atty. Brentford Ferreira. “It’s our job to do justice.” He said prosecutors had no plans to file charges against Gibson for making false accusations, saying it would be a difficult case to prove.
As for Banks, he walked out of Thursday’s hearing as if in a daze, his eyes red, his face frozen in disbelief. Someone handed him a black hooded sweatshirt with the word "innocent" in bold white letters.
He led a parade of supporters and media outside the Long Beach courthouse where he shared his hopes for restarting his football career. At one point, he grabbed his attorney’s hand and raised both their arms into the air, the pose of an athlete who has just clinched victory.
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