BRIAN BANKS WAS WRONGFULLY CONVICTED OF RAPE, AND AS A
RESULT SPENT FIVE YEARS OF HIS LIFE BEHIND BARS.
BANKS WAS A 15-YEAR-OLD ñ
WAS A 16-YEAR-OLD HIGH SCHOOL FOOTBALL STAR COURTED BY
BIG-TIME COLLEGES IN 2000 TO ONE ANOTHER STUDENT AT LONG BEACH
POLY HIGH ACCUSED HIM OF RAPE ñ ALTHOUGH HIS ACCUSER ADMITTED
10 YEARS LATER THAT SHE'D MADE UP THE SEXUAL ASSAULT.
HE WAS ASKED ABOUT THIS.
REMEMBER, HE SERVED FIVE YEARS BEHIND BARS BEFORE ñ
BECAUSE OF THIS WRONGFUL CONVICTION.
I HAVE TO NOTE THAT HE PLED NO CONTEST BECAUSE HE WAS
WORRIED THAT HE WOULD BE WRONGFULLY CONVICTED AND SPENT
41 YEARS BY BARS.
HERE'S WHAT HE HAD TO SAY ABOUT BROCK TURNER, THIS FORMER
STANFORD STUDENT WHO RAPED AN UNCONSCIOUS WOMAN AND ONLY
GOT SIX MONTHS AS RESULT.
HE SAID, "I WOULD SAY IT'S A CASE OF PRIVILEGE.
IT SEEMS LIKE THE JUDGE BASES DECISION ON LIFESTYLE.
HE'S LIVED SUCH A GOOD LIFE AND HAS NEVER EXPERIENCED ANYTHING
SERIOUS IN HIS LIFE THAT WOULD PREPARE HIM FOR PRESENT.
HE WOULD ñ HE WAS SHELTERED SO MUCH HE WOULD NOT BE ABLE
TO SURVIVE PRISON.
WHAT WITH THE KID WHO HAS NOTHING?
WHO STRUGGLE TO EAT AND STRUGGLE TO GET A FAIR EDUCATION?
WHAT ABOUT THE KID THAT HAS NO CHOICE, WHO IS BORN TO AND
HAS DRUG ADDICTED PARENTS OR A NON-PARENT HOUSEHOLD?
WHERE IS THE CONSIDERATION FOR THEM WHEN THEY COMMIT A CRIME?
I WASN'T PHYSICALLY RAPED, BUT I WAS RAPED IN A SENSE OF MY
FREEDOM.
I WAS KIDNAPPED, TAKEN AGAINST MY WILL, PLACED IN A BOX
FOR FIVE YEARS AND TWO MONTHS.
IT'S A DIFFERENT FORM OF BEING ASSAULTED AND TAKEN
ADVANTAGE OF.
I KNOW WHAT SHE IS GOING THROUGH."
MEANING THE VICTIM OF BROCK TURNER.
I THINK THAT BRIAN BANKS MAKES SO MANY POWERFUL POINTS.
HE WASN'T JUST ROBBED OF FIVE YEARS OF HIS LIFE, HE WAS
ROBBED OF HIS ENTIRE FUTURE.
THIS IS A GUY WHO WAS GOING TO BE A FOOTBALL STAR AND IT WAS
ALL RIPPED AWAY FROM HIM, AND IT WAS BECAUSE HE DIDN'T GET THE
SAME BENEFIT OF THE DOUBT THAT SOMEONE LIKE BROCK TURNER GOT.
BANKS SAID THAT WHEN HE WAS BEING SENTENCED, SAID THAT THE
JUDGE EMPATHIZING WITH HIM, AS THE JUDGE DID WITH BROCK
TURNER, HE SAID THE JUDGE ACTED LIKE IT WAS LIKE ORDERING
FROM A DRIVE-THROUGH WINDOW.
ISN'T THAT INTERESTING, THAT BROCK TURNER FACED AT MOST A
14 YEAR SENTENCE.
PROSECUTORS CHOSE NOT TO EVEN GO FOR THAT, THEY CHOSE TO GO FOR
ONLY SIX YEARS.
YOU KNOW WHAT BRIAN BANKS FACED?
A 41 YEAR SENTENCE.
WHAT DID THEY DO?
THEY PRESSURED HIM AND PRESSURED HIM, DO YOU WANT TO LOSE
THE REST OF YOUR LIFE?
SO HE PLED NO CONTEST, WHERE HE DOESN'T ADMIT GUILT BUT THEY PUT
HIM IN PERSON ANYWAY.
THEY GAVE HIM 10 YEARS.
ON THE OTHER HAND, WE HAVE A GUILTY PLEA FROM BROCK
TURNER, SIX MONTHS.
10 YEARS, SIX MONTHS.
I DON'T KNOW IF HE CLEAN AND ñ I DON'T KNOW IF BROCK TURNER
PLEADED GUILTY, BUT HE WAS CONVICTED.
WE HAVE A CONVICTION.
BY THE WAY, CONVICTIONS, IF YOU FIGHT IT, ARE SUPPOSED TO
BE A LONGER SENTENCE.
IF BANKS HAD FOUGHT IT HE WOULD HAVE GOTTEN 41 YEARS.
TURNER GOT SIX MONTHS.
YOU SAY WELL, YOU KNOW, BANKS IT TURNED OUT DID NOT DO IT,
BUT MAYBE THE SITUATION OF THE RATE WHEN THEY THOUGHT HE
DID IT WAS WORSE.
HOW MUCH WORSE COULD IT BE THEN RAPING AN UNCONSCIOUS WOMAN
BEHIND THE DUMPSTER?
AND THEN TRYING TO RUN AWAY AS SOON AS TWO WITNESSES CATCHING.
IF IT WAS CONSENSUAL, WHY ARE YOU RUNNING AWAY?
THAT'S EXACTLY RIGHT.
WE KNOW THAT THERE IS A TWO-TIERED JUSTICE SYSTEM,
PARTLY BECAUSE JUDGES WILL TREAT CERTAIN PEOPLE FROM A HIGHER
SOCIOECONOMIC STATUS DIFFERENTLY, AND PARTLY
BECAUSE THOSE FROM THAT SOCIOECONOMIC STATUS LIKE
BROCK TURNER HAVE THE ABILITY TO HIRE THE BEST DEFENSE ATTORNEYS.
BUT I THINK THE BIGGEST ISSUE HERE IS JUST THE FACT THAT WE
HAVE ACCEPTED A SYSTEM THAT GIVES PEOPLE BENEFITS BECAUSE
THEY ARE WEALTHY.
WE GIVE PEOPLE A PASS, OR EXCUSES BECAUSE THEY ARE
WEALTHY.
LIKE THE AFFLUENZA TEEN, HE'S SO PRIVILEGED THAT HE CAN'T
LEARN FROM HIS OWN CONSEQUENCES, SO WE ARE GIVING HIM A PASS.
THIS GUY, HE WOULDN'T DO WELL IN PRISON, IT WOULD BE
DIFFICULT FOR HIM, SO WE ARE GOING TO GIVE HIM A PASS.
WHEN HAS PRIVILEGE BECOME AN EXCUSE TO BEHAVE
CRIMINALLY, VIOLENTLY?
I WAS GOING TO BRING UP THE SAME EXACT CASE, BECAUSE THE
JUDGES REMINDED ME OF THE AFFLUENZA CASE.
SINCE HE HAS BECOME ACCUSTOMED TO THIS RICH LIFESTYLE,
PRISON MIGHT BE TOO TOUGH FOR HIM, SO WE'LL DO COUNTY
JAIL FOR SIX MONTHS, BUT HE CAN ACTUALLY GET OUT IN THREE
MONTHS FOR TIME SERVED.
SO, WHAT, THE RICH PEOPLE, BECAUSE THEY ARE ACCUSTOMED TO
HAVING A LIFE THAT IS AWESOME WE HAVE TO CONTINUE GIVING THEM
THAT LIFE?
THAT AFFLUENZA GATE, BECAUSE OF HIS DRUNK DRIVING, FOUR
PEOPLE DIED.
IN THIS CASE, YOU'VE GOT A CONVICTION ON RAPE, BUT ON
YOUR HAND THEY ARE ACCUSTOMED TO BEING RICH, SO SHOULDN'T WE
TREAT THEM WITH KIDS GLOVES?
EVEN THOUGH, BY THE WAY, HE'S NOT A KID, HE'S 20 YEARS OLD.
WHEREAS, KIDS FROM INNER-CITY, ACTUAL KIDS, ARE GETTING
ADULT SENTENCES.
THE HYPOCRISY IS SO STUNNING THAT IT IS AMAZING THAT
THEY CANNOT SEE IT.
THEY ARE SO BLINDED BY THEIR BIAS.
IT'S A STANFORD KID, WHAT ARE YOU TALKING ABOUT?
IT WILL HURT HIS REPUTATION, HE'S ALREADY SO BADLY PUNISHED.
O IT'S A BLACK KID OR A POOR KID?
KEEP IT GOING, I'VE GOT A LOT OF CASES TO GET TO.
YOU'LL LOOK LIKE MY SON AT ALL, HE LOOKS LIKE MY SON, THEREFORE
BY THE GRACE OF GOD GOES SOMEONE I GIVE A DAMN ABOUT.
YOU DON'T LOOK LIKE THE PEOPLE I GIVE A DAMN ABOUT AT ALL.
YOU GO TO PRISON, I DON'T GIVE A DAMN WHAT HAPPENS TO YOU IN
PRISON.
WHEN IT COMES TO SOMEONE I EMPATHIZE WITH, OH MY GOD
WHAT WOULD HAPPEN TO YOU IN PRISON?
JUST TRY TO HAVE THE SAME LEVEL OF EMPATHY FOR EVERYONE.
SHOULDN'T BE TOO MUCH TO ASK FOR ANY DEMOCRACY.