Brian Banks (2019) Movie Script
1
- [boy 1] Down!
- [boy 2] Hut! Hut!
[boy 1] Down! Hut!
[man narrating] I remember
my first game of football.
Something happened that
afternoon that's hard to explain.
I felt like I could do anything.
I felt...
free.
I didn't know much about
what that word meant then.
"Free."
Not like I do now.
Freedom doesn't just start
on the football field.
It starts in the mind.
[whistle blows]
Banks, Brandon, cover two.
Ready?
[all grunt]
[whistle blows]
Go right. Go right.
Come on, bruh!
Wingback. Wing.
[indistinct shouting]
Come on!
- [grunting]
- [crowd cheering]
[laughing]
Good job.
Good hustle today, Banks.
[chuckles] Thanks, Coach.
Though it took a minute for
that muscle memory to kick in.
I know we're not SC,
but we are glad to have you here.
[phone ringing]
[indistinct chatter]
- This is Brian.
- [Randolph] Need you in my office
9:00 a.m. tomorrow morning,
Banks.
[stammers] Well, I thought our next
meeting wasn't until next month.
Special meeting. Be there.
[line clicks]
All right, listen up,
children.
Those of you
who have seen the news,
I'm sure you know,
Sacramento has implemented
a new law last week,
that all 290 registrants
who are currently on parole
- must wear one of these.
- [all murmuring]
It's a GPS tracking monitor
that you wear on your ankle.
Put your hand down, son.
I already know your question.
Can you take it off?
The answer is never, ever.
You must wear this thing 24/7.
You charge it in the morning.
You charge it in the evening.
Now, remember,
you must be within LA County,
but cannot be within 2,000 feet
of a school or a park.
Are we clear?
You know I've been playing football
at Long Beach City College.
Not anymore you're not.
You can't bust this thing up.
Can I just remove it
while I play?
- [chuckles] No. No. No way.
- But I gotta play, sir.
You see, I'm trying to work my
way back to a shot at the NFL.
You know how many kids
tell me that every day?
They want to be in the NFL,
NBA, rap stars.
Forget about football.
Boyhood dreams got no place
in a man's life.
You need to concentrate
on getting employed.
Or you can dick around,
end up right back in the system.
It's on you. Next.
[sighs]
[groans]
No, no, no, no, no, no!
No! No!
Maybe they'll
cut your time short.
They ain't gonna cut it short.
Well, maybe you can
play football when it's up.
Mom, nobody starts
playing football at 27.
[keyboard clacking]
[sighs]
[hip-hop song playing]
[chuckles]
[indistinct]
I think we'll get along well.
- [groans]
- [Justin on TV] Today marks the culmination
of a five-year battle by the
California Innocence Project
to right a terrible wrong.
Twenty-one years ago,
this man was convicted
and locked away for a crime
he didn't commit.
Write them again.
They already
turned me down, Mom.
This time don't tell them
about your case.
Tell them about you.
Tell them who you are.
[Brian] Dear Mr. Brooks,
I am writing you again
in the hope
that the California Innocence
Project will reconsider my case.
I know you hear
from a lot of people,
but maybe if you got to know
me, you might reconsider.
Let me state, clearly and
unequivocally, I am innocent.
I spent six years in prison
and the past three on parole
for a sex offense
that I did not commit.
I wrote you two years ago from
CMC and you turned me down.
But I don't stay down.
Not for long.
I learned that in prison
and I learned it
growing up, too.
You see, I played a lot of
football when I was young.
And it wasn't all ice cream
and pizza parties.
No, sir.
I had a different walk home.
Life in Long Beach was for real
and it was hard
to see a way out.
[indistinct shouting]
But football
gave me an option.
It taught me discipline
and dedication,
and strangely, it gave me faith.
Because Mom said
my talent was God-given.
So, each night,
I promised to give
something back in return.
By the time I was 16,
I wasn't just your average
high school football player.
- I was what they called a sure thing.
- [crowd cheering]
[announcer] All-American
Brian Banks with the tackle!
Brutal hit by Brian Banks,
all the way up here
in the press box.
[Brian]
I played middle linebacker
on one of the best teams
in the country.
We had 2,000 fans at every game.
But to be honest,
I only heard one.
Yay! That's my baby!
- [laughing]
- [announcer] The sky's the limit for this kid.
[Brian] Even though
I was just a sophomore,
I had the attention
of the media...
Big game coming up, Brian.
Remember, we're doing that feature on you.
You'll call me, right?
- Oh, yes, sir.
- Great game.
[Brian] ...and the best coach
in college football...
- Who's up?
- Hey, Coach Carroll.
- Brian!
- ...Coach Pete Carroll of USC.
Good to see you, man.
Just reviewed the tape on you
from last season.
- Amazing!
- Aw, thanks, Coach.
Can't wait to see
what you bring today.
We do this right, we're not just
talking about the Rose Bowl.
We're talking NFL
and a lifetime of opportunities.
[Brian] Coach Carroll was
someone I looked up to,
and his belief in me
made a world of difference.
What does it say?
- USC.
- Huh?
- It says USC.
- Yeah!
[both laughing]
[Brian] But all that changed
on July 8, 2002.
You know that feeling you get
that tells you something is off?
Some say it's the voice of God.
Had I listened to that voice,
we might not be here today.
But I didn't.
And here we are.
[crowd chattering]
[phone ringing]
Wait, wait, hold up, hold up.
[sighs]
- Yeah?
- Pack it up. Get out of there.
- I'm not done with the job yet.
- No, you are done.
The monitor says that
you're at Pomona fairgrounds.
"Fair" and "sex offender"
do not go together, Banks.
Sir, we're only here
for a couple more hours.
You know how long
it took me to get this job?
- If I leave now, I'll get fired.
- Yeah, if you don't leave now,
might as well drive yourself
straight to County.
Pack it up.
Get your ass out of there.
[phone beeps]
[Justin] All right, so I'm innocent.
What are my options?
Anybody?
Come on, what are my options?
- Yes.
- Take it to the Supreme Court?
No. You have
no Constitutional right
to take it to the Supreme Court,
even if you're innocent.
The best you can do
is take it to the state level.
And good luck with that
in California.
Because? I'm gonna keep
telling you guys this.
It is almost impossible to overturn
a conviction here in California.
We make those people out in Alabama
look like a bunch of liberals.
- [laughter]
- I quote:
"New evidence must completely
undermine the prosecution's case
and point unerringly
to innocence."
All right?
That's it for today. Thanks.
[murmuring]
- Mr. Brooks, I'm Brian Banks.
- Oh, hey, Brian.
Yeah, you're the football
player, right?
[chuckles]
You got my letter.
I got your letters.
Plural, right?
Look, Brian, I know
Alissa explained to you,
we only work with
wrongly imprisoned people.
- I was wrongly imprisoned.
- I know. I know.
But you're out now. Okay?
It's a good thing.
And you took a plea.
- I only took a plea because I was...
- You don't have to explain.
It's okay. It's okay.
97% of all cases plead out.
But you didn't go to trial, so you can't
appeal. There's nothing you can do.
There's always
something you can do.
- You can file a habeas petition.
- A what?
It's a writ of habeas corpus.
You challenge the conviction
based on new evidence.
But if you were paying attention in
there, you heard me.
It's gotta be
damn good evidence.
All right? I gotta go.
Let me tell you
about my DNA evidence.
Which you had at the time, right?
You didn't use it.
That's what I'm trying to tell you, Brian.
You need something new.
New piece of evidence.
A new witness
who can place you somewhere else
at the time of the incident,
or a recantation
by the complainant.
- What's that?
- Well, basically, the girl would have to say you didn't do it.
Come on, man.
I go anywhere near that girl,
they're gonna put me
right back in prison.
There ain't no way
that girl gonna flip.
She got paid
a million and a half bucks.
She what?
Her and her mom sued the school
district for lack of security.
They got 1.5.
All right.
Well, look, Brian,
I've got clients,
innocent people.
They've been locked up
20, 30 years.
They'd love to be able to take
a nice drive to San Diego.
The criminal justice system
is messed up.
It's supposed to be innocent
until proven guilty.
A lot of cases,
it's the exact opposite.
It sounds like yours included.
I'm sorry.
What's that thing called again?
A writ of what?
Habeas corpus.
[hip-hop song playing]
[weights clanking]
Hey, Corey, look, man,
I really appreciate
what you're trying to do,
but I ain't gonna be surprised if
the owner's got a problem with this.
Brian, I've known you
since we were kids.
I'm gonna talk to the owner,
let him know you're a straight-up dude,
and that he has nothing to worry about.
Because he doesn't.
- All right. Thanks, man.
- I got you.
It means the world, all right?
Hey, Karina,
come here for a sec.
I want to introduce you
to my man Brian.
He's gonna be
working here soon.
Great. Nice to meet you.
Let me tell you something
about this dude.
Back in the day,
baddest football player ever.
Yeah. I'm telling you.
You don't play anymore?
Uh, I'm not in playing shape
right now.
Karina could help you
with that.
This girl right here is fierce.
Get you back in tip-top shape
in no time.
So, listen,
I'm gonna call you in a few days.
All right. Thanks again.
- Really.
- No problem, man. I got you.
Corey's great.
Treats people really well.
Oh, he's stepping out for me,
that's for sure.
[chuckles]
So, are you gonna work out?
Uh, I'm thinking about it.
Corey said it was cool,
so, you know.
Well, I can train you
if you want.
Oh, wow, look, uh,
that's really generous. Thank you.
But things have been kind of
tight for me lately, so...
No problem.
First session
is complimentary. Really.
Come on.
Let's see what you got.
Push it. Nice. Arch the back.
Four, three, five... six.
Both arms.
Both arms.
- [exhales]
- And rest. Nice.
Yeah.
- Hey, let's go.
- Yeah, in a minute.
Nice. Nice. Nice. Okay.
Pump those knees.
Stick the landing.
Give me ten.
- Okay.
- [grunts]
So, I... I wanted to get
my masters, but, uh...
I have so many student loans
that I just thought,
you know,
why not take a break, work,
chip away
at some of that debt.
And before I knew it,
two years turned into five
and still not in grad school,
but...
So, what you studying?
I majored in art.
- What? That's cool.
- [laughs]
Anyway, Columbia is the dream
for grad school.
So, fingers crossed.
- Hey. Got them crossed.
- [laughs]
Anyway, what about you?
You used to be
a football player.
Yeah.
But you don't play anymore?
I'm hoping to.
What happened?
Why don't you play?
Okay, Karina, look,
if we're gonna hang out, be friends,
there's something
I gotta tell you.
Okay.
When I was 16,
I was accused
of something I didn't do.
Now, this is back
in high school.
You know,
I was on my way to USC,
full ride, football,
everything, right?
This young lady
falsely accused me...
[audio fades]
I've just been working to get my life back.
Clear my name.
- Uh...
- Yeah.
I, uh...
I have to go back to work.
- I'm sorry. Let me...
- Yeah. No, I mean, it's your job.
I'll give...
I'll give you something.
No, don't worry about it.
I got it.
- I got... Yeah.
- I'll see you at the gym. Okay?
It's okay. It's okay. Yeah.
[door opens]
- Mom.
- [door shuts]
Mom!
[keys clatter]
[sighs]
[reading aloud in a whisper]
[man] Your assignment
this week is to copy this,
and tape it to your cell wall
where you can see it
morning, noon and night.
This circle is your life.
And the goal
is to travel this circle
until you get back
to who you are.
Now, most people never make it
because of this.
In here are distractions.
You gotta have more.
You gotta make more.
You gotta keep up
with the Joneses.
But you gentlemen
have been given a gift.
You've been removed
from these distractions.
You can't get more.
You can't make more.
Given the right perspective,
prison can set you free,
and your despair
can become a doorway.
Use that despair
and never give up
on what lives within you.
- [line ringing]
- [operator] California Innocence Project.
Hi. This is Brian Banks.
May I please speak to Alissa Bjerkhoel?
- [knocking]
- It's Brian Banks again.
You want to take it
or you want me to?
No, no, no.
I got it. I got it.
Okay.
- [beeps]
- Brian.
Hey, I saw
your habeas petition.
You can't just put us down
as your attorneys, Brian.
I had to put somebody down just
in case they gave me a hearing.
- Which they're not gonna do because...
- Yeah, I know.
They sent me a copy of this.
I tried to tell you.
- You need some new evidence.
- So help me find some.
It's out there. It's gotta be,
'cause I'm innocent.
I've had prisoners put together
their own habeas petitions before.
Never very good.
But this is...
Guys, I see you hiding out there.
Why don't you just come on in?
You sure you didn't have
any help with this?
You didn't get me any,
remember?
Right. Well, you got a real
fan club up here, Brian.
I'm gonna have a mutiny on my
hands unless we do something.
So, Marilyn and Alissa are
gonna head up to Los Angeles,
ask you a few questions,
all right?
Meanwhile, I don't want you
to go outside county lines.
Does that mean
you're taking on my case?
No. It doesn't mean that.
In fact, I'm hesitant to even
have this conversation with you
for fear that I'm gonna
get your hopes up.
But if we have an inkling
that we can help somebody out,
we try and at least grant them
an interview.
So you have an inkling.
No, I didn't say that.
- You just did.
- You definitely did.
- No, I said "if" I have an inkling.
- Inkling.
A slight knowledge, hint or suspicion.
Middle English origin.
I read the dictionary twice when
I was in prison, Mr. Brooks.
We gotta go, Brian.
[receiver clatters]
- Happy?
- [chuckles] Come on. Let's go.
So, is it okay
if we record you?
- Absolutely.
- Okay.
Now we need you to walk us
through the incident.
Can you tell us
what happened that day?
I just left history class.
I was gonna call
this reporter.
[line ringing]
- This is Mike. Leave a message.
- [beep]
Hey, Mr. Paley,
it's Brian Banks.
Um... Guess I'll just
try you after school.
[Brian]
Her name was Kennisha Rice.
I knew her from middle school.
Her and her sister Ava.
Hey, Kennisha, what up?
What you doing?
Bathroom. [chuckles]
Bathroom that way.
I was gonna go
to the 700 building.
I mean, you want me
to walk with you?
Okay.
- Okay.
- [chuckles]
The 700 building
was across campus.
[chattering]
It had this place where
everybody went to make out.
The whole school knew about it.
That if you liked a girl
and a girl liked you,
you always ended up there.
But it was tricky to get to.
There was this long hallway,
and you had to be really quiet.
But if you made it through...
[giggling]
...you were on your own.
Usually.
- What you trying to do?
- [giggles]
What's up?
Mmm.
[breathing heavily]
[door opens]
[woman speaking Spanish]
And then I was thinking,
"What are you doing?
If we get caught,
then I get kicked out
of summer school,
and that could mess up
the whole football season."
So when I heard the teacher,
I stopped.
I stopped.
Hey, look, I ain't really
feeling this no more, so...
Um...
You go out that way.
I'm gonna go out that door.
All right?
There's just so many things
I could have said.
"I don't want you
to get in trouble," or...
"I just don't think this is
special enough of a place."
[door closes]
But I was 16.
I wasn't grown-up enough.
And to be honest,
I just went back to class
and I forgot about it.
But she didn't forget.
[Brian]
She went back to math class.
Was with her friend Shayla.
[teacher speaking indistinctly]
And that's where
it all went wrong.
While she and her mom
were with the police,
I was at home.
I still remember my dream.
[crowd cheering]
It was that same feeling I had
when I was a kid.
The feeling of being free.
Don't move! Let's go.
- Put your hands behind your back.
- Wait, wait, wait.
Wait a minute.
Wait a minute.
- Shut up!
- But I ain't do nothing!
- I didn't do nothing!
- Shut up!
- Mom! Mom! Mom!
- Get him up! Get him up!
- Get him out of here!
- Mom, I didn't do nothing!
Where are you taking my son?
Brian! Brian!
[crying] Brian!
Brian!
[Alissa] Brian's problem
is that he told the truth.
Without legal counsel present,
he admitted to being
in the stairwell with Kennisha,
and the DA determined
there was probable cause.
Two months later, Brian was removed from
juvenile court and tried as an adult.
Two counts of felony rape
and one count of sodomy
with an enhanced circumstance
of kidnapping.
His mother had to sell their house and
their car to afford a new attorney.
According to the record, every time
Kennisha told her story, it changed.
And how did he drag her down a
hallway by a bunch of open classrooms
- without being noticed?
- [Alissa] Exactly.
Unfortunately, no one
ever visited the hallway.
Not the attorneys,
not the investigators.
- And the DNA evidence?
- [Marilyn] It came back negative.
Which supports Brian's
assertion they never had sex.
So, why did he plea?
Did you ask him?
[crowd murmuring]
I'm sorry, folks.
We need a 30-minute recess
while I meet with counsel
in chambers.
[gavel bangs]
[crowd murmurs]
I got some good news.
I worked out a deal with the DA.
They gonna drop the charges?
Kidnapping and sodomy charges
if you agree to plead no contest
to one count of rape.
- What's no contest?
- It means you don't contest the charges.
You don't plead guilty,
you don't plead not guilty.
But I am not guilty.
Brian, I have seen this
too many times.
You admitted to some intimate
contact, so it comes down to consent.
- [sighs]
- Who's the jury gonna believe?
And did you see all those
white folks out there?
All they see is a big black
teenager accused of rape.
And if any of them end up on the
jury, they're gonna find you guilty.
But if you take this deal,
you are almost guaranteed probation,
and in three months' time,
you can be back to your family.
Back to your life.
Back to playing football. You'd be free.
[exhales] Okay.
Can I talk to my mom about this?
No, Brian.
You've been charged
as an adult
and you need to make
this decision yourself.
And they've only given us
ten minutes to decide.
- Ten minutes?
- Then the deal is off the table.
- You need to decide now.
- [exhales]
You wanna go home,
put this behind you,
or do you want to risk your whole
life for something you didn't do?
Ten minutes, Brian.
[door opens]
[door closes]
[breathes deeply]
So, Mr. Banks, it's my understanding
that you wish to enter a plea.
Is that correct?
Uh... Yes. Yes, sir.
[judge] Now, you understand
that a plea of no contest
has the same legal effect
as a plea of guilty.
That you will be required
to register as a sex offender
for the rest of your life.
Do you understand that?
- [gasps]
- Mr. Banks?
Do you understand?
Yes, sir. [breathes heavily]
Brian Keith Banks,
on count one,
that you committed the crime
of forcible rape, a felony,
how do you plead?
[gasps]
No... No contest.
[engine starts]
Probation is denied.
Defendant is to be imprisoned
for a total of six years,
followed by five years
of supervised parole.
[crowd exclaims]
- [gavel bangs]
- No! No!
- No, no, wait, wait.
- It's not right!
- That's what you get.
- This isn't right!
- Six years?
- My son is innocent...
- No, hold... Wait. Mom!
- Brian!
Mrs. Ford, you were supposed
to keep my son out of prison.
You didn't say six...
You ain't say nothing about six years!
- Mom! Mom!
- Brian!
Now you about to pay
for raping my daughter.
Hold on, wait a minute!
Wait a minute!
My son is innocent!
My son is innocent!
[door closes]
My son is innocent!
Really good job, you guys. You laid out
the facts of the case really clearly.
How does any of this help Brian?
What about the DNA?
[overlapping chatter]
I know. I know.
A lot of really bad stuff happened.
Not to mention he got questionable
advice from his attorney.
But they had the DNA evidence,
all right?
And they didn't use it.
We can't either.
Right?
There's nothing new here, guys.
Alissa, Marilyn,
I sent you guys up to LA to dig around.
- Did you find any new evidence that hasn't been submitted?
- There was never a trial.
So there have to be witnesses
that weren't questioned.
- We can find them and talk to them.
- And when are we gonna do that?
Are we gonna take away time from cases
we have a legitimate chance of winning?
The Johnson case is definitely gonna push.
I'll find the time.
I got spring break coming up. I can
use my time to question a few people.
- I've got time. I'm happy to help.
- Me too.
- I'll help.
- I can. I definitely can help.
- [chattering]
- He's innocent. We got this.
[whispers] This is your fault.
[breathing heavily]
[phone ringing]
This is Brian.
Hey, Brian, it's Alissa.
- Do you have your 2002 yearbook, by chance?
- Yeah.
Okay, great. Do you think you
can identify some of the students
you went to summer school with?
Oh, yes, ma'am. Right away.
- [line ringing]
- [man] What's up?
Hey, yo, Eli, what's up, man?
It's B.
Yeah, it's been a while, man.
And then out of the blue,
Kennisha says,
"Well, just so you know,
I wasn't even really raped.
I only said that so my mom wouldn't
find out I was getting with boys."
Shayla, would you be willing
to put all of this in writing?
- Yeah.
- That's great.
I'm sorry, man.
Hey. You tried, man.
You tried.
Brian?
How'd it go with Corey?
Did you get the job?
Actually, the owner said no.
But, uh...
Corey, nah, he was great.
Really went to bat for me.
- Listen, I'm... sorry about the other day. I...
- It's fine.
Look, there's no good way to
tell a bad story. All right?
And no matter how I tell it,
people always gonna wonder
if I'm telling the truth, so...
I'm not wondering anymore.
Corey and I spoke,
and I know now
that you didn't deserve
what happened to you.
The other day, I hesitated when
I told you I was an art major.
It's because whenever I say it,
people judge me.
Brian, I judged you.
And I am so sorry.
In football, we used to say,
"Spend too much time thinking
about the last play,
you won't be ready
for the next one."
So, you want to work out
with me?
First session's complimentary.
[chuckles]
Brian?
Well, I'm not gonna
work out in this.
[laughs]
I'll be back
in five minutes.
Five minutes.
Don't lock me out.
[men singing]
Yo, oh, whoa
- [clapping]
- [guitar playing]
While my heart's
Still beating
Take me alive
[man]
One more time, everybody now!
Yo, oh, whoa
Yo, oh, whoa
While my heart's
Still beating
Take me alive
And while my heart's
Still beating
Take me alive
[cheering]
Give it up for Justin!
Thank you all, and don't let my
playing affect your donations.
[laughter]
You're a man of many talents.
Hey.
Well, when I was younger,
I wanted to be a rock star.
If I could have sung
worth a lick,
never would have gone
to law school.
Lucky for me,
you can't sing.
Was it that bad?
It was pretty bad.
So, I'm guessing Alissa told
you how to find me tonight?
[chuckles] If I say yes,
is she in trouble?
Well, Alissa's always
in trouble.
I happen to like that
about her. [chuckles]
You got a little time
before your curfew?
Yeah.
Okay.
[music playing]
Come on. Show me.
I'm sorry, what happened?
I think the table's slanted.
Come ready!
- I respect it. I respect it.
- Whoo!
Pow.
That's it? You giving up?
I'm out of money.
Hope you're happy.
I'll be happy
when you represent me.
Mmm.
Brian, I want to help you.
I do.
And in a perfect world,
you and I would just waltz into the court,
you tell them what Shayla said
and they'd reopen your case.
But that is not
the world we live in.
The system is broken.
It's what I'm trying to tell you.
It just doesn't care.
I'm just supposed
to accept that,
that the system is broken?
Well, you know
what I say to that?
Fuck the system.
No, for real, man.
I mean, why can't we at least try?
What is the system?
It's people.
Yeah?
It's cops, lawyers, judges.
If one of them
had just cared enough
to even go down to that hallway
Kennisha said I dragged her,
listened to how the tiniest
little noise echoes,
I wouldn't have
this damn thing on my leg.
- Mr. Brooks...
- Justin.
Justin.
I know the system
doesn't care about me.
I've known that my whole life.
The question is, do you?
I carry three pictures
in my wallet.
My, uh... My wife,
my kids and, uh,
that one right there.
That's her on the left.
My longest-standing client,
Marilyn Mulero.
One day I'm looking through
the newspaper and I see that
Marilyn gets the death penalty
on a plea bargain.
I'm wondering,
how's that even possible,
to get death on a plea?
Where's the bargain?
So, I look into it.
Sure enough,
this woman here,
she's the one that pulled the trigger.
I find a couple of witnesses,
I find a mountain
of evidence,
and I lose.
Eighteen years.
With new evidence.
Marilyn's still behind bars.
She's the reason
I started the CIP
and I'm not giving up
until she's free.
So, yeah,
I can be a little jaded.
But every once in a while,
we win.
And it's amazing...
seeing an innocent person
go free.
And we do it because
we bust our asses
and we know
what the system wants.
Something extraordinary.
You want me to be
your lawyer, Brian?
We've already looked at your case,
talked to potential witnesses.
I even called the parole board about
shortening your time. The well is dry.
So let me tell you what I
need to argue your case.
Not some piece of hearsay
evidence from ten years ago.
I need something big.
Earth-shattering.
Extraordinary.
Sorry.
[door opens]
[door closes]
Just a reminder.
You do have a family.
Going soon.
What is that?
This is the hallway Brian
supposedly dragged that girl down.
All the doors were open.
I checked the school records.
Classrooms were full of kids.
Ten separate classrooms.
No way nobody
didn't hear something.
Which gets rid of the
kidnapping charge right there.
But that's still not enough
to reopen the case, is it?
[sighs] No, it's not.
I don't understand, Justin.
No, it's just...
It's something Brian said. It was, uh...
I mean, we all know
the system's broken.
Which is why
you started this place.
I know, but I just don't
wanna ever stop trying
because the system has
conditioned us to stop trying.
Go home.
[chuckles]
Come on.
You visited this hallway.
Go visit your family.
Yeah.
[newscaster speaking on TV]
[keyboard clacking]
Since when did you become
interested in art museums?
You remember that trainer
I told you about, Karina.
So, she's an artist?
Yeah. Yeah, she just sent me this.
Check it out.
Baby, she painted this?
Yup.
So, you want to take her
to the museum?
Just to thank her for all
the free training sessions.
But there's some special
exhibit going on right now
and the ticket prices are crazy.
I don't...
Get the tickets, baby.
Oh, Ma, come on.
Look, I know
things are tight right now.
I mean, barely made
the car payment last month.
The car payment can wait.
Your happiness can't.
Brian, you deserve happiness.
Not shame, not guilt.
Happiness.
Thanks, Mom.
Oh...
Thanks.
[pop song playing]
[indistinct]
What is it?
Reminds me of something
someone taught me once.
[phone ringing]
- Um, I gotta take this.
- Yeah.
- I'll be right back.
- Okay.
- This is Brian.
- [Randolph] What the hell are you doing, Banks?
2,000 feet, remember?
- What?
- Look out the window.
Look out the goddamn window.
Does that look like 2,000 feet?
Get out of there now!
[beep]
[mutters] What the...
[sighs]
Is everything okay?
I can't be here.
- Okay.
- I'm sorry, I should have checked.
I just got so excited
with the art and, you know...
But hey, I got a chance to
see your kind of art. Right?
Would you mind
if I showed you mine?
Okay. [chuckles]
Yeah, okay. Yeah, let's go.
- [chuckles] Okay.
- Yeah.
[hip-hop song playing]
Wow!
Brian, this is some canvas.
- [giggles]
- I remember going to my first USC game when I was 15.
I went with my mom
and my brother Brandon.
I was sitting right up there.
Section 6, seat 14.
The best part
wasn't even the game.
The best part was just
watching my mom be so happy
because I was so happy.
Hey, uh...
I'm... I'm sorry about today,
Karina.
I didn't even know what it
meant when I took that plea.
All I knew was that I just didn't want
to spend the rest of my life in jail.
My cousin went to prison.
And when he came out,
he just wasn't the same.
And you were what, 16?
How did you survive it?
Almost didn't.
Especially in the beginning.
Then I met a man
who showed me a different way,
and everything changed.
Two men look out
from prison bars.
One saw mud,
the other, the stars.
Perspective, gentlemen.
Perspective is the key
to how one fares in life.
Mr. Banks, what do you think?
I don't think none of
this shit apply to me.
Then you need this class
more than most.
[buzzer]
Thank you, gentlemen.
Mr. Banks.
Brian.
I know you think football
is the pathway to happiness.
But on my life, son,
I promise you that it is not.
The path to happiness
begins and ends
in the mind.
Free your mind, Brian,
and your ass will follow.
[Brian] Before him,
all I could think was, "Why me?"
[door opens]
All right, look.
I don't know exactly
what it is you're going through,
but you've got to let it go
or it's gonna pull you down.
How you got here may be wrong,
but the fact is, you are here.
And before you leave this place
physically, you must leave it mentally,
or you'll be back.
This is for you.
I might give you more books
from time to time.
Books I hope you'll read.
[door closes]
[Brian] I wish I could say
I got it from the start, but...
I was scared.
Scared my life was over.
Then this dude, doesn't know nothing
about me, he's talking about helping me?
Was this the kind of help
that my lawyer gave me?
So, yeah, I was skeptical.
And right when I'm trying to
understand everything he's teaching me,
I get transferred.
Didn't see him again.
That's when prison
had its own ideas.
- [indistinct chatter]
- [laughter]
[toilet flushes]
What's up, homie?
You got a problem, bitch?
No, I ain't got no problem.
B87.
Gate's open.
[Brian] In prison,
it's the not knowing that gets to you.
Not knowing what's on
the other side of a door.
Not knowing
if you'll make it out alive.
[indistinct chatter]
What's up, homie?
[grunts]
Sometimes you gotta walk deeper
into the darkness to find the light.
Hey, Banks, get up!
Let's go! Up! Now!
You broke his jaw, Banks.
Don't you ever want
to get out of here?
Sixty days. Think about it.
[Brian]
That was solitary for me.
[door slams]
[breathing heavily]
[grunting]
I don't even feel you
no more, God.
I can't feel you.
[laughs]
Brian, we need you
back in the game.
Hey, you think they give
a shit about you?
About how twisted up
and pissed off you are?
They don't even remember
your name. Shit.
[exhales]
[groans]
Brian.
You've got to let it go.
You've got to let it all go,
or it's going
to pull you down.
All you can control in life...
This is for you.
Is how you respond to life.
It's strange.
I didn't see Mr. Johnson
after that first year in juvie.
But he's been with me
every day since.
Listen, I...
I want to be honest with you.
I, um...
I told you
I put off grad school,
but I didn't say why.
Why I reacted
when I heard your story.
I... I didn't have the best
experience in college and...
Um...
Who was he?
A friend... [sniffles]
I thought.
Uh...
He said he couldn't
remember me saying no.
Said I could have gotten
those bruises from anywhere.
The cops were like,
"Sure you're not overreacting?"
And when the school...
did nothing...
I left.
I'm sorry.
I... I don't even know how you can
hang with me after hearing my story.
[chuckles]
Well, I couldn't at first.
But then I got to know you.
[TV: football game]
No. Can't do that.
Can't do that.
[sighs]
[electronic chirp]
[chuckles]
[humming]
[electronic chirp]
[chuckles]
[crowd cheering]
[announcer] Here he comes,
and that'll be a first down.
Whoo! That's the way to freaking
pass, baby! Yeah, baby!
[announcer] And Coach Pete
Carroll calls another time-out.
[announcer 2]
I gotta tell you,
when it comes to Coach Carroll,
there's no quit in him.
The players believe in him,
they believe in the system.
He brings a lot of energy
to the team.
And I think Carroll coming on
to the Seahawks
is the best decision
they could have made.
[electronic chirp]
[breathing heavily]
Oh, shit. Oh, shit.
Oh, shit.
[breathing heavily]
[muttering]
"Bygones be..."
[buzzing]
[breathing heavily]
Hello?
[Kennisha] Hello?
Kennisha?
Hey.
Hey.
So, um...
I... I guess I'm still wondering
why you'd send me
a friend request like that.
Yeah. I wasn't even sure
you would answer.
So, I was just looking through
people I know from high school.
I saw your page.
And I was like,
you look good. [chuckles]
But I was thinking
maybe we could,
I don't know,
hang out or something?
Hang... Hang out?
Can you understand why that
might seem a little weird to me
that you'd want to do that?
I was in prison. I can't work.
I can't play football.
Things have been pretty tough
for me, Kennisha.
So, I guess that mean you
ain't trying to hang out, then?
Uh, well...
Well, maybe we could.
Yeah, maybe we could.
Truth is, I'm just stuck.
And you're the only one
who can help me get unstuck.
I mean,
you're the only other one
who knows what really happened.
And if you did help me, then...
we would never have to
talk about this stuff again.
All right, well...
what is it you need me to do?
Brian, if they find out you
went anywhere near that girl,
they'll send you
right back to prison.
That's why
nobody's gonna find out.
Please, let's think
about this some more.
You only have ten months left
on your parole.
But I'm still gonna be
on that damn list.
Nobody's gonna ever hire me
if I don't clear my name.
- Well, then let the attorneys handle this.
- My attorneys... What...
What attorneys, Ma? Who? The CIP?
I ain't heard from them in weeks.
Besides, Kennisha already said she
ain't going nowhere near a lawyer.
The only person she agreed
to talk to is Corey's friend.
You remember Corey
from the gym.
So, look, he's got a friend.
Been selling insurance
for a little bit,
but he's starting up
his own PI firm.
So we all got together,
we got a plan.
Trust me. We got a plan.
An insurance agent, Brian?
Mom, Mom.
Sometimes things come your way
and you have to act on them
right then and there
or else you won't have
another chance.
This is my chance.
Okay?
[sighs]
[Arthur] Brian.
[elevator dings]
[Kennisha] Hey.
I wasn't sure
if this was the right place.
You found it. [chuckles]
I was nervous about coming.
Yeah, shit, I've been
kind of nervous myself.
Did I tell you
I got three little ones now?
Oh, you got three kids?
Yeah. But it's some drama
going on with all that.
So that's why I told you I don't
want to talk to no lawyers.
Oh, no, this guy's not...
He's not a lawyer.
He's more like an adviser.
So...
- So, Ms. Reed...
- Rice.
Oh, I'm sorry. Ms. Rice,
I understand from Brian there are some
things that you guys wanted to discuss?
Yeah. Uh...
Well, we wanted to talk to you
about what happened in 2002.
Okay. Uh, Ms. Rice,
is that what you want to do?
I guess so. I mean,
Brian ain't playing in the NFL right now,
I guess that's 'cause of me.
So, you want to help him.
Well, I can't do nothing where I gotta, like,
pay back none of the money or anything.
I mean,
that would take a long time.
[Arthur]
Okay, and I understand.
Look, this is just
for my own education
so that I can... offer advice.
Now,
take me back
to the incident in 2002
and just tell me how you see it.
[Kennisha] Um...
Well, I guess
the way I look at it is,
we was just being young.
[chuckles]
Curious about things.
Okay, so you're saying
that he never raped you?
I don't like using that word.
Well, then tell me
what happened.
Well, after we was down there and he
went out the door and I went my way,
there was this security guard.
Hey!
You know I saw you
with that boy.
Y'all went in the 700
building, didn't you?
I know what you kids
do in there.
Yeah, well, it wasn't my idea.
- Whose was it?
- His.
Oh! So, you're saying
he made you go in there?
Made you do stuff?
So, if that's true,
you're saying he raped you.
Is that what you're saying?
So, I wasn't the first person
to use that word.
Uh, so the security guard
said it first?
And then you wrote it down on a piece
of paper and gave it to your friend?
Mm-hmm.
Okay. Did you tell
any of these people
that you and Brian were just
kissing and heavy petting
and that you didn't
actually have sex?
[scoffs] Nobody was listening
to anything I had to say.
I mean, my attorney was like, "Just don't
say nothing. Like, don't talk at all.
Just let them do
what they're gonna do."
Okay, so, to be clear...
Brian never raped you?
No, he did not rape me.
Did he kidnap you?
Never.
Alissa.
[Arthur] To be clear,
Brian never raped you?
No, he did not rape me.
[Arthur] Did he kidnap you?
[Kennisha] Never.
Amazing.
A full recantation on tape.
[gasps]
So, and she knew, right?
This guy told her she was being taped?
Uh, no.
No. No, but...
he did have a sign on the wall
that said
the room was being monitored.
A sign on the wall,
that's it?
[stammers] Justin.
This is what you said I needed.
Something extraordinary.
This is what I brought you. Kennisha
telling the truth. She's telling the truth.
[Alissa] It's amazing, Brian.
It really is. I've...
I've never seen
anything like it.
But it's also...
It's inadmissible.
- You can't use it.
- [sighs]
You can't record somebody
in the State of California
without their explicit consent.
Come on.
We got her sitting there
right on tape,
telling the truth.
You're telling me
I can't show anybody?
What do you think
the chances are
of getting her to say it again
on the record?
No chance!
PI already scared her off
by trying to get her
to sign something at the end.
Once she knows she perjured
herself and could lose the money,
she's gonna recant
her recantation.
Yeah.
Brian, I'm sorry.
I'm sorry. I...
I wish you'd have called us
before you reached out.
You wish
I would have called you?
You wish
I would have called you?
You know why
I didn't call you, Justin?
Because every time I throw you a
pass, you bat it down,
- just like you're doing now.
- That's not what we're doing.
Coming at me with all these...
these legal excuses about the system.
About how the truth doesn't matter.
The truth matters!
I know it matters.
I know that.
Okay? And that tape is...
extraordinary.
I agree. But...
- I can't do anything legally...
- Okay, okay. Stop.
Okay? You know what, man?
- You know, forget the tape. Okay?
- [remote clatters]
[exhales]
You want extraordinary?
I'll tell you what's
extraordinary about this case.
I am.
It's extraordinary
that I'm still here.
That I'm still standing.
You ever been in prison?
I'm not talking about
to visit one of your clients.
You ever been locked up?
I spent my 17th birthday and the 60
days after that in solitary confinement.
It nearly killed me.
And the only reason it didn't is
because something happened to me.
Something extraordinary.
Someone extraordinary.
[sighs]
I've done...
everything I can on my own...
to get myself free.
There's only one other person who
can get me the rest of the way,
and that's you.
So, I'm begging you.
Forget all the rules.
Forget all the reasons. Forget all
the roadblocks they put in our way.
I know the system doesn't care
about me, Justin. I know.
But I know you do.
Help set me free.
[exhales]
Okay.
Okay.
Right.
[exhales]
Okay.
Brian Banks lost
ten years of his life.
We have ten months
to clear his name. Why?
Because the habeas petition
will only be considered
while you're still
under state supervision.
That's right. If we can't get this
thing overturned within ten months
before his parole runs out,
he's guilty
the rest of his life.
99% of all habeas petitions
get rejected,
so just getting the DA to pay
attention to this is gonna be tough.
Hey, Barbara.
Justin Brooks again.
Hey, is Rafael in?
He'll have to get back
to you, Mr. Brooks.
All right.
As soon as he can, please.
Thank you.
So while I'm trying to force him
to pay attention,
Alissa will put together
a new petition,
while, Marilyn, you try to
track down Kennisha Rice
and get her on the record
this time.
Now, just remember,
and this is critical,
if the court doesn't schedule us
ASAP, Brian's gonna run out of time.
Brian's the same age
as some of you.
He should have gone
to college by now.
He should be playing in the NFL.
- [knocking]
- Hey, we found Mateo.
He's on the Loller case,
LA Superior.
[Justin] And the reason he isn't
is not just because a girl lied,
it's because the system didn't care
about the truth in the first place.
Well, in the words of somebody
I greatly admire,
- "Fuck the system."
- [cheering]
- It was a good day.
- [sighs] Yeah.
Well, if it isn't
our elusive district attorney.
- Mr. Brooks.
- How you doing, Rafael? I've been looking for you.
Aren't we seeing each other
for Leftowich in three weeks?
This can't wait three weeks.
I'm representing Brian Banks.
Falsely accused of rape.
The girl's recanted her story.
We got it all on tape.
Let me guess. You want me
to take a look at it.
I want you to meet Brian Banks.
He's an amazing kid.
Could have played pro ball. I'm telling
you, Rafael, this is gonna blow up.
Media's gonna be all over it.
Chance for you to jump in
and control the spin.
You are the master spinner,
aren't you, Mr. Brooks?
Well, I'm a lawyer, so...
it's redundant. [chuckles]
Come on, Rafael.
Kid's different.
Have your client here
in 90 minutes.
Otherwise, he waits in line
like everyone else.
[ringing]
Hey, Justin.
You got a jacket and a tie?
I look okay?
Ain't nothing okay
about the way you look.
- [keys jingle]
- Now, go.
Please do not tell me
this is another bad decision.
I'm gonna start calling you
Bad Decision Banks.
- But... I-I have a job interview, sir.
- Oh, yeah?
Like the one in San Diego when
you were meeting with that lawyer?
I got my sources.
Give me the keys, Banks.
- Sir, I-I really have...
- Give me the goddamn keys, Banks.
[sighs]
- [phone beeps]
- [line rings]
Yeah, I got him.
Where's your guy?
Hey! Hey, he's coming.
He's just...
Let me get you
a cup of coffee.
Nice try, Mr. Brooks.
Time's up.
Nobody from the DA's office
ever visited the crime scene.
I did. I saw where this girl claimed
she was dragged down a hallway
lined with open classrooms
full of students,
and forcibly raped.
Nobody saw it.
Nobody heard it.
Hey,
you think the brass
is gonna wonder
why you and your investigators
never checked this place out?
[Brian] Sir, this is my mom's car.
My mom.
There aren't any drugs
in there, I swear.
Good. So, you have nothing
to worry about.
Now, why you going to LA?
You know you can't take a job
outside the district.
The job's local.
Corporate headquarters are in LA.
Car's clean.
[trunk shuts]
You better not be
lying to me, Banks.
Straight there, straight back.
'Cause if you so much as
pull over to piss,
you'll be back behind bars.
[phone rings]
[Justin] Where are you?
Yeah, no... I'm on my way.
My PO was busting my ass.
I'm... I'll be there.
[door opens]
Hey!
Sorry, man.
Save it for the DA.
Mateo's in a mood.
All right.
Mr. Brooks says you filed
the habeas petition yourself.
Yes, sir.
Read the California Appeals Code
while I was in prison.
Why do you think she lied,
Mr. Banks?
She was a 15-year-old girl with her whole
life ahead of her. Why would she lie?
I've asked myself that
a thousand times.
Maybe it was the money.
Maybe I hurt her feelings.
But with all due respect, sir,
I don't know why it's my
responsibility to explain why she lied.
The fact is, she did.
Her testimony changed
every time. Mine never did.
Mr. Mateo, I don't wish
any ill will towards Kennisha.
I just want a chance
to turn all this negativity
into something positive.
- Has she gone on the record?
- [Justin] No.
We're kind of having a hard time
tracking her down.
I need to speak with her.
I won't recommend
reversing any conviction
until I interview
the victim myself.
Tell me we're getting close.
Absolutely.
You did great in there.
You just got to get her
to show up.
- What does that mean?
- It's not gonna be easy.
If the state finds out
she lied,
she could lose
the whole settlement.
- The 1.5.
- But Kennisha doesn't know that.
There ain't no way
she told her mom she flipped.
I know, but I've seen
this sort of thing before.
Witnesses,
- they stay hidden unless...
- Unless?
No. No, no, no,
Brian, you can't.
I can't... I can't what?
I've gone to reporters before to help
me find a witness or get them to talk.
Sometimes, when you go public,
people want to
defend themselves.
- Then that's what we do.
- Listen to me, Brian.
Your PO finds out that you contacted
Kennisha, you could go right back to jail.
I told you.
I'm already in jail.
[line ringing]
This is Mike.
Hey, Mr. Paley,
uh, this is Brian Banks.
26-year-old Brian Banks,
who once had dreams of the NFL,
is now fighting
to clear his name.
His football dreams ended
at the age of 16
when he was accused of a crime
he claims he didn't commit.
[Arthur] To be clear,
Brian never raped you?
[Kennisha]
No, he did not rape me.
[indistinct chatter]
- Brian! Brian!
- [indistinct shouting]
Brian! Brian! Is the district
attorney reopening the case?
Brian,
any more word from Kennisha?
Do you think you'll get
another shot at the NFL?
Hey, first I gotta
get my day in court.
- [phone rings]
- All right?
[indistinct shouting]
- Yeah.
- [Justin] It worked, Brian.
The mother surfaced.
She called
the district attorney's office.
- Had a whole shit-fit.
- Okay.
So, Mateo issued a subpoena.
He threatened to call the school district,
turn over all the evidence
unless they show.
So, now we're close, Brian.
We're really close.
Okay, thanks, Justin. Yeah.
- [keys jingle]
- [chuckles]
[phone rings]
[exhales]
Contacting the victim.
Recording her
without her consent.
Lying to your PO
about job interviews.
That's three strikes,
right there.
Now, look, I know you saw it.
And you heard her say
I didn't do it
because I didn't do it.
Now, if someone put that on you,
you would have done the same thing.
No, wrong. Don't tell me
what I'd do, Banks.
You and I ain't the same.
Do you even know what the
word "credibility" means?
You have no credibility
when you lie to me
to prove that someone
lied about you.
That is in direct violation
of your parole under the law.
Do you hear me?
Do you hear me?
Yes, sir, I hear you.
It is my duty
to report your violations.
And I plan to obey that duty.
In time.
Law says I have to report it.
It just doesn't say when.
I'm gonna give you eight weeks,
till your parole is up.
If, in that time,
they do not overturn your conviction,
you won't just be
a registered sex offender.
You'll be a prisoner again.
Mr. Brooks,
where is this witness?
Your Honor, uh,
we respectfully ask the court
to just indulge us
with a little more time.
[Judge Monk]
She's half an hour late.
You think this is
the only hearing on the docket?
Issue another subpoena
and reschedule the hearing.
- Adjourned.
- [gavel pounds]
[sighs]
Come on, Rafael.
Can't you work with me a little bit?
I mean, there's no time
for another hearing.
Brian's parole
is gonna run out.
Then it's over. He's done.
You know that.
I need a statement from the
complainant on the record.
A statement that casts doubt on her
original testimony. Now, you know that.
Justin, that's her mom.
That's her.
Ms. Rice.
Ms. Rice.
Now, who the hell are y'all?
I'm District Attorney Rafael Mateo, ma'am.
You're in the right place.
- Are you Kennisha?
- Yeah, that's her.
Look, the only reason why we came down
here is to clear up all this bullshit.
We want to clear this up too,
ma'am.
So, maybe we can all sit down
and have a talk.
[baby fussing]
[Mateo] So, Kennisha,
this won't take long.
- We have some questions.
- [mom] This all you need to know.
That boy out there,
he raped my daughter.
End of story.
All that other shit on TV
he forced her to say.
- He offered her $10,000.
- [baby fussing]
Kennisha, you told our investigator
that Brian offered you $20,000.
Mama, can you take him
out of here, please?
Just say what you said
the first time in court.
Come on.
[baby babbles]
[door opens]
I'm not gonna answer none
of y'all's stupid questions.
- Ms. Rice, I just need...
- I said I'm not answering them!
What if I make my best effort
to not ask any stupid questions?
They're all stupid,
if you ask me.
Well, my name is Justin Brooks and I
run the California Innocence Project.
We get thousands of requests
every year
for people to represent them.
And Kennisha,
if Brian Banks raped you,
I don't want
to represent him.
- He did rape me.
- Okay. Okay.
Well, if you can just
get me to accept that
and clear up a few of these
inconsistencies, we can all move on here.
Okay?
I just want
to talk to you briefly
about the incident
in July of 2002.
[sighs]
When you went into
that stairwell with Brian,
what did you think
was gonna happen?
I don't know.
I was young at the time.
Right.
At the top of the stairwell,
there are classrooms.
- School was in session.
- Mm-hmm.
So, why didn't you just
shout out to anybody?
'Cause I didn't know
he was gonna do it.
When we first went down there,
I thought he was just gonna touch.
You know, touchy-feely.
So, Ms. Rice,
are you saying that you initially
went down there willingly?
No. [sighs]
You putting words in my mouth.
You just said,
"When we first went down there,
I thought it was gonna be
touchy-feely."
You didn't say that
he forced or dragged you.
There you go again
with them stupid questions.
Brian know he did it.
If he was so innocent,
he would have took it to trial and won.
Kennisha, don't you think
anybody's ever been coerced
into taking a plea before?
I mean, maybe Brian
just felt trapped.
But listen,
we all make mistakes,
especially when we're young.
We...
We say things we regret.
Isn't it possible
that maybe you said some things
back then that you didn't mean?
Kennisha, did Brian ever coerce
you or pay you to talk to him?
He ain't got no money.
Right.
So you reached out to him
on your Facebook page yourself
to help him, right?
That was nice.
Because you know you didn't
have sex with him
in that stairwell.
You know that.
You guys went down there
to make out. And then Brian...
you know, he may have embarrassed
you a little bit that day, right?
Maybe because he didn't want
to go through with it.
I understand,
and you liked him.
You liked him a lot.
It's okay.
[mom] Yeah, y'all started it,
but we gonna finish it.
- You...
- [creaking]
Kennisha, what you said on the
tape the other day, if it's true,
Brian can get his life back.
- You can help him get a job.
- [door rattles]
- He can move on with his life.
- What the hell is taking so long in here?
- [door shuts]
- Oh, did you tell them the truth this time?
Or they got you in here
making up some other story?
What about my life?
I go on with my life?
Can I get my virginity back?
Ms. Rice, I just need...
I ain't talking to you no more.
You a smartass.
Just... Let's take a break,
and we'll just
- come back here in a moment.
- I'm not coming back!
I'm never coming back.
I'm done talking to y'all. I'm done.
I'm not talking no more!
- Ms. Rice, we have to...
- No. You heard her.
Talking's over. Let's go.
[door opens]
She admitted
it was consensual.
She said
it started consensually...
Which eliminates
the kidnapping charge.
You said you needed
something on the record
that would cast doubt on her original
testimony. Didn't you just get that?
All I can do is recommend
that the same judge who put
Brian away overturn this.
And you know
the chances of that.
Don't let that stop you.
Do you have a child,
Mr. Mateo?
Can you imagine
what it's like
seeing that child,
that innocent child,
taken from you
and locked away with
men who have done real crimes
and can do real harm to him?
All a mother ever wants
is to protect her children.
And I was never ever able
to do that for my boy.
I'll go to my grave
feeling the pain of that past.
But you can do something today,
Mr. Mateo,
to stop the pain of his future.
Now, that judge,
he will listen to you.
You know he will,
if you believe in your heart
that what was done to my son
was wrong.
[crowd clamoring]
[bailiff] All rise.
Be seated.
Okay, People vs. Banks.
I have before me a petition
for writ of habeas corpus,
petition of error coram nobis to
overturn the original judgment.
So...
do the petitioners
wish to say anything?
Yes, thank you, Your Honor.
Brian Banks
was 16 years old
when he was accused of a crime
he did not commit.
He lost 11 years
of his young life.
A scholarship.
He was prevented from playing
football, a game that he loves.
And I think we have to ask why.
Was it the system
that failed him?
Nobody has been more critical
of this system than I have.
But I've come to realize,
maybe it's not the system.
Maybe it's us.
All of us.
Maybe it's me.
Yes, we have laws.
But those laws
can be interpreted.
There is
just enough flexibility
to allow for
some amount of choice.
And with that choice
comes the power to do right.
To choose justice
over expediency,
and the truth
over a technicality.
And the truth is,
Brian Banks is innocent.
Eleven years, Your Honor.
Eleven years my client
will never get back.
Eleven years his family
has had to suffer.
Eleven years of dreams deferred.
And we can fix it.
We can rectify it all
here today.
You know, most of the time,
I'm just trying to get my client
their lives back.
In Brian Banks' case,
we have a chance
to give him his dreams back.
Please don't deny him
that chance.
Thank you.
And the People?
The People will concede the
matter, Your Honor,
and ask the court to grant
the petition for exoneration.
All right, then.
- The petition is granted.
- [gavel pounds]
[crowd exclaims]
[sobbing]
[Justin] Brian.
[sniffles]
Thank you.
Thank you.
Thank you
for not giving up,
for making sure
I didn't either.
- Well done, Brooks.
- Thank you.
[crying]
[laughs]
- [cheering, applause]
- Brian!
[crowd exclaiming]
[cheering, applause]
- Brian!
- Brian!
Brian,
tell us how you're feeling.
- Do you plan to sue?
- Are you angry at the situation?
No. At some point,
you gotta let all that go.
All I ever wanted
was my freedom,
and we got that here today.
[cheering]
[cheering]
[kids shouting]
[boy] Two!
Hut! Hut!
Hut!
Hut!
[indistinct shouting]
[exhales]
[phone ringing]
Hello?
Hey, I'm looking
for a linebacker.
Know where I might find any?
[chuckles]
Coach Carroll.
[laughs]
It was good to see you
on TV the other day.
How are you, old friend?
Oh, I'm on top of the world,
Coach. How you doing?
I'm doing pretty well
up here in Seattle.
I'm so sorry you had to go to hell and
back, Brian, but wanted to ask you.
Think you may want to come up
here and try out for the Seahawks?
Oh, most definitely, Coach.
Most definitely.
All right. I need you on the
plane first thing Monday morning.
Yeah. [chuckles] Thanks.
[thud]
Y'all trying to play?
[all] Yeah.
All right. Line up.
Let's see something.
- [chorus vocalizing]
- They tried To bring me down
- [boy shouting]
- They tried To count me out
They filled my head
With doubt
But it's not
It's not over
[man rapping] I cry
freedom Every time I speak
Move through the dark clouds
To the light I seek
Straight from the fire
Right into the heat
I shout so loud
That they yellin' "Preach!"
So throw everything
You want at me
Now you think you got me
Where you wanted me
Yeah
Through the mud Through
the pain Through the fire
Lord knows That I'm
impatient But still I pray
[man] Go! Come on, come on! Let's go!
Come on, Banks! That's it!
Go, Brian!
They filled my head
With doubt
But it's not
It's not over
[chattering]
Preach
Oh, yeah
Yeah
Banks.
Why don't you lead us
out of here?
Come on, guys!
Let's gather round!
[players shouting]
[song continues playing]
[players chanting]
Banks! Banks! Banks! Banks!
[crowd cheering, shouting]
They filled my head
With doubt
But it's not, it's not
It's not over
Brian!
Brian!
They tried
To bring me down
But it's not over
It's not over
[singer vocalizing]
[man rapping] Come hell Or high
water I just fightin' Like I oughta
Put my heart In these
recordings Never fallin'
'Cause ain't no autumn
In California
The paranoia that comes
With tryin' to be great
Sometimes
It's too much to take
So I reinin' in every snake
That try to change my fate
They thought They had my name
But I just changed the date
Funny how they love To build
you up Just to tear you down
Put you on the ground While
your head In the world round
They tried
To bring me down
They tried to count me out
They filled my head
With doubt
But it's not
It's not over
And yes
I been through hell
But on the other side
Is where I found myself
And it's not
It's not over
[man rapping] I cry
freedom Every time I speak
Move through the dark clouds
To the light I seek
Straight from the fire
Right into the heat
I shout so loud
That they yellin' "Preach!"
So throw everything
You want at me
Now you think you got me
Where you wanted me
But ain't no stoppin'
What I'm gonna be
You see, the struggle
Is a part of me
They tried
To bring me down
They tried to count me out
They filled my head
With doubt
But it's not
It's not over
And yes
I been through hell
But on the other side
Is where I found myself
And it's not
It's not over
They tried
To bring me down
They tried to count me out
They filled my head
With doubt
But it's not
It's not over
[man rapping]
You know I prayed for it
I prayed for a miracle
And it's not
It's not over
They try to tell you That you
wrong When you know you right
I ain't gonna fall
I'mma stand and fight
I already made it through
A million nights
And it's not
It's not over
["Set Me Free" playing]
- [boy 1] Down!
- [boy 2] Hut! Hut!
[boy 1] Down! Hut!
[man narrating] I remember
my first game of football.
Something happened that
afternoon that's hard to explain.
I felt like I could do anything.
I felt...
free.
I didn't know much about
what that word meant then.
"Free."
Not like I do now.
Freedom doesn't just start
on the football field.
It starts in the mind.
[whistle blows]
Banks, Brandon, cover two.
Ready?
[all grunt]
[whistle blows]
Go right. Go right.
Come on, bruh!
Wingback. Wing.
[indistinct shouting]
Come on!
- [grunting]
- [crowd cheering]
[laughing]
Good job.
Good hustle today, Banks.
[chuckles] Thanks, Coach.
Though it took a minute for
that muscle memory to kick in.
I know we're not SC,
but we are glad to have you here.
[phone ringing]
[indistinct chatter]
- This is Brian.
- [Randolph] Need you in my office
9:00 a.m. tomorrow morning,
Banks.
[stammers] Well, I thought our next
meeting wasn't until next month.
Special meeting. Be there.
[line clicks]
All right, listen up,
children.
Those of you
who have seen the news,
I'm sure you know,
Sacramento has implemented
a new law last week,
that all 290 registrants
who are currently on parole
- must wear one of these.
- [all murmuring]
It's a GPS tracking monitor
that you wear on your ankle.
Put your hand down, son.
I already know your question.
Can you take it off?
The answer is never, ever.
You must wear this thing 24/7.
You charge it in the morning.
You charge it in the evening.
Now, remember,
you must be within LA County,
but cannot be within 2,000 feet
of a school or a park.
Are we clear?
You know I've been playing football
at Long Beach City College.
Not anymore you're not.
You can't bust this thing up.
Can I just remove it
while I play?
- [chuckles] No. No. No way.
- But I gotta play, sir.
You see, I'm trying to work my
way back to a shot at the NFL.
You know how many kids
tell me that every day?
They want to be in the NFL,
NBA, rap stars.
Forget about football.
Boyhood dreams got no place
in a man's life.
You need to concentrate
on getting employed.
Or you can dick around,
end up right back in the system.
It's on you. Next.
[sighs]
[groans]
No, no, no, no, no, no!
No! No!
Maybe they'll
cut your time short.
They ain't gonna cut it short.
Well, maybe you can
play football when it's up.
Mom, nobody starts
playing football at 27.
[keyboard clacking]
[sighs]
[hip-hop song playing]
[chuckles]
[indistinct]
I think we'll get along well.
- [groans]
- [Justin on TV] Today marks the culmination
of a five-year battle by the
California Innocence Project
to right a terrible wrong.
Twenty-one years ago,
this man was convicted
and locked away for a crime
he didn't commit.
Write them again.
They already
turned me down, Mom.
This time don't tell them
about your case.
Tell them about you.
Tell them who you are.
[Brian] Dear Mr. Brooks,
I am writing you again
in the hope
that the California Innocence
Project will reconsider my case.
I know you hear
from a lot of people,
but maybe if you got to know
me, you might reconsider.
Let me state, clearly and
unequivocally, I am innocent.
I spent six years in prison
and the past three on parole
for a sex offense
that I did not commit.
I wrote you two years ago from
CMC and you turned me down.
But I don't stay down.
Not for long.
I learned that in prison
and I learned it
growing up, too.
You see, I played a lot of
football when I was young.
And it wasn't all ice cream
and pizza parties.
No, sir.
I had a different walk home.
Life in Long Beach was for real
and it was hard
to see a way out.
[indistinct shouting]
But football
gave me an option.
It taught me discipline
and dedication,
and strangely, it gave me faith.
Because Mom said
my talent was God-given.
So, each night,
I promised to give
something back in return.
By the time I was 16,
I wasn't just your average
high school football player.
- I was what they called a sure thing.
- [crowd cheering]
[announcer] All-American
Brian Banks with the tackle!
Brutal hit by Brian Banks,
all the way up here
in the press box.
[Brian]
I played middle linebacker
on one of the best teams
in the country.
We had 2,000 fans at every game.
But to be honest,
I only heard one.
Yay! That's my baby!
- [laughing]
- [announcer] The sky's the limit for this kid.
[Brian] Even though
I was just a sophomore,
I had the attention
of the media...
Big game coming up, Brian.
Remember, we're doing that feature on you.
You'll call me, right?
- Oh, yes, sir.
- Great game.
[Brian] ...and the best coach
in college football...
- Who's up?
- Hey, Coach Carroll.
- Brian!
- ...Coach Pete Carroll of USC.
Good to see you, man.
Just reviewed the tape on you
from last season.
- Amazing!
- Aw, thanks, Coach.
Can't wait to see
what you bring today.
We do this right, we're not just
talking about the Rose Bowl.
We're talking NFL
and a lifetime of opportunities.
[Brian] Coach Carroll was
someone I looked up to,
and his belief in me
made a world of difference.
What does it say?
- USC.
- Huh?
- It says USC.
- Yeah!
[both laughing]
[Brian] But all that changed
on July 8, 2002.
You know that feeling you get
that tells you something is off?
Some say it's the voice of God.
Had I listened to that voice,
we might not be here today.
But I didn't.
And here we are.
[crowd chattering]
[phone ringing]
Wait, wait, hold up, hold up.
[sighs]
- Yeah?
- Pack it up. Get out of there.
- I'm not done with the job yet.
- No, you are done.
The monitor says that
you're at Pomona fairgrounds.
"Fair" and "sex offender"
do not go together, Banks.
Sir, we're only here
for a couple more hours.
You know how long
it took me to get this job?
- If I leave now, I'll get fired.
- Yeah, if you don't leave now,
might as well drive yourself
straight to County.
Pack it up.
Get your ass out of there.
[phone beeps]
[Justin] All right, so I'm innocent.
What are my options?
Anybody?
Come on, what are my options?
- Yes.
- Take it to the Supreme Court?
No. You have
no Constitutional right
to take it to the Supreme Court,
even if you're innocent.
The best you can do
is take it to the state level.
And good luck with that
in California.
Because? I'm gonna keep
telling you guys this.
It is almost impossible to overturn
a conviction here in California.
We make those people out in Alabama
look like a bunch of liberals.
- [laughter]
- I quote:
"New evidence must completely
undermine the prosecution's case
and point unerringly
to innocence."
All right?
That's it for today. Thanks.
[murmuring]
- Mr. Brooks, I'm Brian Banks.
- Oh, hey, Brian.
Yeah, you're the football
player, right?
[chuckles]
You got my letter.
I got your letters.
Plural, right?
Look, Brian, I know
Alissa explained to you,
we only work with
wrongly imprisoned people.
- I was wrongly imprisoned.
- I know. I know.
But you're out now. Okay?
It's a good thing.
And you took a plea.
- I only took a plea because I was...
- You don't have to explain.
It's okay. It's okay.
97% of all cases plead out.
But you didn't go to trial, so you can't
appeal. There's nothing you can do.
There's always
something you can do.
- You can file a habeas petition.
- A what?
It's a writ of habeas corpus.
You challenge the conviction
based on new evidence.
But if you were paying attention in
there, you heard me.
It's gotta be
damn good evidence.
All right? I gotta go.
Let me tell you
about my DNA evidence.
Which you had at the time, right?
You didn't use it.
That's what I'm trying to tell you, Brian.
You need something new.
New piece of evidence.
A new witness
who can place you somewhere else
at the time of the incident,
or a recantation
by the complainant.
- What's that?
- Well, basically, the girl would have to say you didn't do it.
Come on, man.
I go anywhere near that girl,
they're gonna put me
right back in prison.
There ain't no way
that girl gonna flip.
She got paid
a million and a half bucks.
She what?
Her and her mom sued the school
district for lack of security.
They got 1.5.
All right.
Well, look, Brian,
I've got clients,
innocent people.
They've been locked up
20, 30 years.
They'd love to be able to take
a nice drive to San Diego.
The criminal justice system
is messed up.
It's supposed to be innocent
until proven guilty.
A lot of cases,
it's the exact opposite.
It sounds like yours included.
I'm sorry.
What's that thing called again?
A writ of what?
Habeas corpus.
[hip-hop song playing]
[weights clanking]
Hey, Corey, look, man,
I really appreciate
what you're trying to do,
but I ain't gonna be surprised if
the owner's got a problem with this.
Brian, I've known you
since we were kids.
I'm gonna talk to the owner,
let him know you're a straight-up dude,
and that he has nothing to worry about.
Because he doesn't.
- All right. Thanks, man.
- I got you.
It means the world, all right?
Hey, Karina,
come here for a sec.
I want to introduce you
to my man Brian.
He's gonna be
working here soon.
Great. Nice to meet you.
Let me tell you something
about this dude.
Back in the day,
baddest football player ever.
Yeah. I'm telling you.
You don't play anymore?
Uh, I'm not in playing shape
right now.
Karina could help you
with that.
This girl right here is fierce.
Get you back in tip-top shape
in no time.
So, listen,
I'm gonna call you in a few days.
All right. Thanks again.
- Really.
- No problem, man. I got you.
Corey's great.
Treats people really well.
Oh, he's stepping out for me,
that's for sure.
[chuckles]
So, are you gonna work out?
Uh, I'm thinking about it.
Corey said it was cool,
so, you know.
Well, I can train you
if you want.
Oh, wow, look, uh,
that's really generous. Thank you.
But things have been kind of
tight for me lately, so...
No problem.
First session
is complimentary. Really.
Come on.
Let's see what you got.
Push it. Nice. Arch the back.
Four, three, five... six.
Both arms.
Both arms.
- [exhales]
- And rest. Nice.
Yeah.
- Hey, let's go.
- Yeah, in a minute.
Nice. Nice. Nice. Okay.
Pump those knees.
Stick the landing.
Give me ten.
- Okay.
- [grunts]
So, I... I wanted to get
my masters, but, uh...
I have so many student loans
that I just thought,
you know,
why not take a break, work,
chip away
at some of that debt.
And before I knew it,
two years turned into five
and still not in grad school,
but...
So, what you studying?
I majored in art.
- What? That's cool.
- [laughs]
Anyway, Columbia is the dream
for grad school.
So, fingers crossed.
- Hey. Got them crossed.
- [laughs]
Anyway, what about you?
You used to be
a football player.
Yeah.
But you don't play anymore?
I'm hoping to.
What happened?
Why don't you play?
Okay, Karina, look,
if we're gonna hang out, be friends,
there's something
I gotta tell you.
Okay.
When I was 16,
I was accused
of something I didn't do.
Now, this is back
in high school.
You know,
I was on my way to USC,
full ride, football,
everything, right?
This young lady
falsely accused me...
[audio fades]
I've just been working to get my life back.
Clear my name.
- Uh...
- Yeah.
I, uh...
I have to go back to work.
- I'm sorry. Let me...
- Yeah. No, I mean, it's your job.
I'll give...
I'll give you something.
No, don't worry about it.
I got it.
- I got... Yeah.
- I'll see you at the gym. Okay?
It's okay. It's okay. Yeah.
[door opens]
- Mom.
- [door shuts]
Mom!
[keys clatter]
[sighs]
[reading aloud in a whisper]
[man] Your assignment
this week is to copy this,
and tape it to your cell wall
where you can see it
morning, noon and night.
This circle is your life.
And the goal
is to travel this circle
until you get back
to who you are.
Now, most people never make it
because of this.
In here are distractions.
You gotta have more.
You gotta make more.
You gotta keep up
with the Joneses.
But you gentlemen
have been given a gift.
You've been removed
from these distractions.
You can't get more.
You can't make more.
Given the right perspective,
prison can set you free,
and your despair
can become a doorway.
Use that despair
and never give up
on what lives within you.
- [line ringing]
- [operator] California Innocence Project.
Hi. This is Brian Banks.
May I please speak to Alissa Bjerkhoel?
- [knocking]
- It's Brian Banks again.
You want to take it
or you want me to?
No, no, no.
I got it. I got it.
Okay.
- [beeps]
- Brian.
Hey, I saw
your habeas petition.
You can't just put us down
as your attorneys, Brian.
I had to put somebody down just
in case they gave me a hearing.
- Which they're not gonna do because...
- Yeah, I know.
They sent me a copy of this.
I tried to tell you.
- You need some new evidence.
- So help me find some.
It's out there. It's gotta be,
'cause I'm innocent.
I've had prisoners put together
their own habeas petitions before.
Never very good.
But this is...
Guys, I see you hiding out there.
Why don't you just come on in?
You sure you didn't have
any help with this?
You didn't get me any,
remember?
Right. Well, you got a real
fan club up here, Brian.
I'm gonna have a mutiny on my
hands unless we do something.
So, Marilyn and Alissa are
gonna head up to Los Angeles,
ask you a few questions,
all right?
Meanwhile, I don't want you
to go outside county lines.
Does that mean
you're taking on my case?
No. It doesn't mean that.
In fact, I'm hesitant to even
have this conversation with you
for fear that I'm gonna
get your hopes up.
But if we have an inkling
that we can help somebody out,
we try and at least grant them
an interview.
So you have an inkling.
No, I didn't say that.
- You just did.
- You definitely did.
- No, I said "if" I have an inkling.
- Inkling.
A slight knowledge, hint or suspicion.
Middle English origin.
I read the dictionary twice when
I was in prison, Mr. Brooks.
We gotta go, Brian.
[receiver clatters]
- Happy?
- [chuckles] Come on. Let's go.
So, is it okay
if we record you?
- Absolutely.
- Okay.
Now we need you to walk us
through the incident.
Can you tell us
what happened that day?
I just left history class.
I was gonna call
this reporter.
[line ringing]
- This is Mike. Leave a message.
- [beep]
Hey, Mr. Paley,
it's Brian Banks.
Um... Guess I'll just
try you after school.
[Brian]
Her name was Kennisha Rice.
I knew her from middle school.
Her and her sister Ava.
Hey, Kennisha, what up?
What you doing?
Bathroom. [chuckles]
Bathroom that way.
I was gonna go
to the 700 building.
I mean, you want me
to walk with you?
Okay.
- Okay.
- [chuckles]
The 700 building
was across campus.
[chattering]
It had this place where
everybody went to make out.
The whole school knew about it.
That if you liked a girl
and a girl liked you,
you always ended up there.
But it was tricky to get to.
There was this long hallway,
and you had to be really quiet.
But if you made it through...
[giggling]
...you were on your own.
Usually.
- What you trying to do?
- [giggles]
What's up?
Mmm.
[breathing heavily]
[door opens]
[woman speaking Spanish]
And then I was thinking,
"What are you doing?
If we get caught,
then I get kicked out
of summer school,
and that could mess up
the whole football season."
So when I heard the teacher,
I stopped.
I stopped.
Hey, look, I ain't really
feeling this no more, so...
Um...
You go out that way.
I'm gonna go out that door.
All right?
There's just so many things
I could have said.
"I don't want you
to get in trouble," or...
"I just don't think this is
special enough of a place."
[door closes]
But I was 16.
I wasn't grown-up enough.
And to be honest,
I just went back to class
and I forgot about it.
But she didn't forget.
[Brian]
She went back to math class.
Was with her friend Shayla.
[teacher speaking indistinctly]
And that's where
it all went wrong.
While she and her mom
were with the police,
I was at home.
I still remember my dream.
[crowd cheering]
It was that same feeling I had
when I was a kid.
The feeling of being free.
Don't move! Let's go.
- Put your hands behind your back.
- Wait, wait, wait.
Wait a minute.
Wait a minute.
- Shut up!
- But I ain't do nothing!
- I didn't do nothing!
- Shut up!
- Mom! Mom! Mom!
- Get him up! Get him up!
- Get him out of here!
- Mom, I didn't do nothing!
Where are you taking my son?
Brian! Brian!
[crying] Brian!
Brian!
[Alissa] Brian's problem
is that he told the truth.
Without legal counsel present,
he admitted to being
in the stairwell with Kennisha,
and the DA determined
there was probable cause.
Two months later, Brian was removed from
juvenile court and tried as an adult.
Two counts of felony rape
and one count of sodomy
with an enhanced circumstance
of kidnapping.
His mother had to sell their house and
their car to afford a new attorney.
According to the record, every time
Kennisha told her story, it changed.
And how did he drag her down a
hallway by a bunch of open classrooms
- without being noticed?
- [Alissa] Exactly.
Unfortunately, no one
ever visited the hallway.
Not the attorneys,
not the investigators.
- And the DNA evidence?
- [Marilyn] It came back negative.
Which supports Brian's
assertion they never had sex.
So, why did he plea?
Did you ask him?
[crowd murmuring]
I'm sorry, folks.
We need a 30-minute recess
while I meet with counsel
in chambers.
[gavel bangs]
[crowd murmurs]
I got some good news.
I worked out a deal with the DA.
They gonna drop the charges?
Kidnapping and sodomy charges
if you agree to plead no contest
to one count of rape.
- What's no contest?
- It means you don't contest the charges.
You don't plead guilty,
you don't plead not guilty.
But I am not guilty.
Brian, I have seen this
too many times.
You admitted to some intimate
contact, so it comes down to consent.
- [sighs]
- Who's the jury gonna believe?
And did you see all those
white folks out there?
All they see is a big black
teenager accused of rape.
And if any of them end up on the
jury, they're gonna find you guilty.
But if you take this deal,
you are almost guaranteed probation,
and in three months' time,
you can be back to your family.
Back to your life.
Back to playing football. You'd be free.
[exhales] Okay.
Can I talk to my mom about this?
No, Brian.
You've been charged
as an adult
and you need to make
this decision yourself.
And they've only given us
ten minutes to decide.
- Ten minutes?
- Then the deal is off the table.
- You need to decide now.
- [exhales]
You wanna go home,
put this behind you,
or do you want to risk your whole
life for something you didn't do?
Ten minutes, Brian.
[door opens]
[door closes]
[breathes deeply]
So, Mr. Banks, it's my understanding
that you wish to enter a plea.
Is that correct?
Uh... Yes. Yes, sir.
[judge] Now, you understand
that a plea of no contest
has the same legal effect
as a plea of guilty.
That you will be required
to register as a sex offender
for the rest of your life.
Do you understand that?
- [gasps]
- Mr. Banks?
Do you understand?
Yes, sir. [breathes heavily]
Brian Keith Banks,
on count one,
that you committed the crime
of forcible rape, a felony,
how do you plead?
[gasps]
No... No contest.
[engine starts]
Probation is denied.
Defendant is to be imprisoned
for a total of six years,
followed by five years
of supervised parole.
[crowd exclaims]
- [gavel bangs]
- No! No!
- No, no, wait, wait.
- It's not right!
- That's what you get.
- This isn't right!
- Six years?
- My son is innocent...
- No, hold... Wait. Mom!
- Brian!
Mrs. Ford, you were supposed
to keep my son out of prison.
You didn't say six...
You ain't say nothing about six years!
- Mom! Mom!
- Brian!
Now you about to pay
for raping my daughter.
Hold on, wait a minute!
Wait a minute!
My son is innocent!
My son is innocent!
[door closes]
My son is innocent!
Really good job, you guys. You laid out
the facts of the case really clearly.
How does any of this help Brian?
What about the DNA?
[overlapping chatter]
I know. I know.
A lot of really bad stuff happened.
Not to mention he got questionable
advice from his attorney.
But they had the DNA evidence,
all right?
And they didn't use it.
We can't either.
Right?
There's nothing new here, guys.
Alissa, Marilyn,
I sent you guys up to LA to dig around.
- Did you find any new evidence that hasn't been submitted?
- There was never a trial.
So there have to be witnesses
that weren't questioned.
- We can find them and talk to them.
- And when are we gonna do that?
Are we gonna take away time from cases
we have a legitimate chance of winning?
The Johnson case is definitely gonna push.
I'll find the time.
I got spring break coming up. I can
use my time to question a few people.
- I've got time. I'm happy to help.
- Me too.
- I'll help.
- I can. I definitely can help.
- [chattering]
- He's innocent. We got this.
[whispers] This is your fault.
[breathing heavily]
[phone ringing]
This is Brian.
Hey, Brian, it's Alissa.
- Do you have your 2002 yearbook, by chance?
- Yeah.
Okay, great. Do you think you
can identify some of the students
you went to summer school with?
Oh, yes, ma'am. Right away.
- [line ringing]
- [man] What's up?
Hey, yo, Eli, what's up, man?
It's B.
Yeah, it's been a while, man.
And then out of the blue,
Kennisha says,
"Well, just so you know,
I wasn't even really raped.
I only said that so my mom wouldn't
find out I was getting with boys."
Shayla, would you be willing
to put all of this in writing?
- Yeah.
- That's great.
I'm sorry, man.
Hey. You tried, man.
You tried.
Brian?
How'd it go with Corey?
Did you get the job?
Actually, the owner said no.
But, uh...
Corey, nah, he was great.
Really went to bat for me.
- Listen, I'm... sorry about the other day. I...
- It's fine.
Look, there's no good way to
tell a bad story. All right?
And no matter how I tell it,
people always gonna wonder
if I'm telling the truth, so...
I'm not wondering anymore.
Corey and I spoke,
and I know now
that you didn't deserve
what happened to you.
The other day, I hesitated when
I told you I was an art major.
It's because whenever I say it,
people judge me.
Brian, I judged you.
And I am so sorry.
In football, we used to say,
"Spend too much time thinking
about the last play,
you won't be ready
for the next one."
So, you want to work out
with me?
First session's complimentary.
[chuckles]
Brian?
Well, I'm not gonna
work out in this.
[laughs]
I'll be back
in five minutes.
Five minutes.
Don't lock me out.
[men singing]
Yo, oh, whoa
- [clapping]
- [guitar playing]
While my heart's
Still beating
Take me alive
[man]
One more time, everybody now!
Yo, oh, whoa
Yo, oh, whoa
While my heart's
Still beating
Take me alive
And while my heart's
Still beating
Take me alive
[cheering]
Give it up for Justin!
Thank you all, and don't let my
playing affect your donations.
[laughter]
You're a man of many talents.
Hey.
Well, when I was younger,
I wanted to be a rock star.
If I could have sung
worth a lick,
never would have gone
to law school.
Lucky for me,
you can't sing.
Was it that bad?
It was pretty bad.
So, I'm guessing Alissa told
you how to find me tonight?
[chuckles] If I say yes,
is she in trouble?
Well, Alissa's always
in trouble.
I happen to like that
about her. [chuckles]
You got a little time
before your curfew?
Yeah.
Okay.
[music playing]
Come on. Show me.
I'm sorry, what happened?
I think the table's slanted.
Come ready!
- I respect it. I respect it.
- Whoo!
Pow.
That's it? You giving up?
I'm out of money.
Hope you're happy.
I'll be happy
when you represent me.
Mmm.
Brian, I want to help you.
I do.
And in a perfect world,
you and I would just waltz into the court,
you tell them what Shayla said
and they'd reopen your case.
But that is not
the world we live in.
The system is broken.
It's what I'm trying to tell you.
It just doesn't care.
I'm just supposed
to accept that,
that the system is broken?
Well, you know
what I say to that?
Fuck the system.
No, for real, man.
I mean, why can't we at least try?
What is the system?
It's people.
Yeah?
It's cops, lawyers, judges.
If one of them
had just cared enough
to even go down to that hallway
Kennisha said I dragged her,
listened to how the tiniest
little noise echoes,
I wouldn't have
this damn thing on my leg.
- Mr. Brooks...
- Justin.
Justin.
I know the system
doesn't care about me.
I've known that my whole life.
The question is, do you?
I carry three pictures
in my wallet.
My, uh... My wife,
my kids and, uh,
that one right there.
That's her on the left.
My longest-standing client,
Marilyn Mulero.
One day I'm looking through
the newspaper and I see that
Marilyn gets the death penalty
on a plea bargain.
I'm wondering,
how's that even possible,
to get death on a plea?
Where's the bargain?
So, I look into it.
Sure enough,
this woman here,
she's the one that pulled the trigger.
I find a couple of witnesses,
I find a mountain
of evidence,
and I lose.
Eighteen years.
With new evidence.
Marilyn's still behind bars.
She's the reason
I started the CIP
and I'm not giving up
until she's free.
So, yeah,
I can be a little jaded.
But every once in a while,
we win.
And it's amazing...
seeing an innocent person
go free.
And we do it because
we bust our asses
and we know
what the system wants.
Something extraordinary.
You want me to be
your lawyer, Brian?
We've already looked at your case,
talked to potential witnesses.
I even called the parole board about
shortening your time. The well is dry.
So let me tell you what I
need to argue your case.
Not some piece of hearsay
evidence from ten years ago.
I need something big.
Earth-shattering.
Extraordinary.
Sorry.
[door opens]
[door closes]
Just a reminder.
You do have a family.
Going soon.
What is that?
This is the hallway Brian
supposedly dragged that girl down.
All the doors were open.
I checked the school records.
Classrooms were full of kids.
Ten separate classrooms.
No way nobody
didn't hear something.
Which gets rid of the
kidnapping charge right there.
But that's still not enough
to reopen the case, is it?
[sighs] No, it's not.
I don't understand, Justin.
No, it's just...
It's something Brian said. It was, uh...
I mean, we all know
the system's broken.
Which is why
you started this place.
I know, but I just don't
wanna ever stop trying
because the system has
conditioned us to stop trying.
Go home.
[chuckles]
Come on.
You visited this hallway.
Go visit your family.
Yeah.
[newscaster speaking on TV]
[keyboard clacking]
Since when did you become
interested in art museums?
You remember that trainer
I told you about, Karina.
So, she's an artist?
Yeah. Yeah, she just sent me this.
Check it out.
Baby, she painted this?
Yup.
So, you want to take her
to the museum?
Just to thank her for all
the free training sessions.
But there's some special
exhibit going on right now
and the ticket prices are crazy.
I don't...
Get the tickets, baby.
Oh, Ma, come on.
Look, I know
things are tight right now.
I mean, barely made
the car payment last month.
The car payment can wait.
Your happiness can't.
Brian, you deserve happiness.
Not shame, not guilt.
Happiness.
Thanks, Mom.
Oh...
Thanks.
[pop song playing]
[indistinct]
What is it?
Reminds me of something
someone taught me once.
[phone ringing]
- Um, I gotta take this.
- Yeah.
- I'll be right back.
- Okay.
- This is Brian.
- [Randolph] What the hell are you doing, Banks?
2,000 feet, remember?
- What?
- Look out the window.
Look out the goddamn window.
Does that look like 2,000 feet?
Get out of there now!
[beep]
[mutters] What the...
[sighs]
Is everything okay?
I can't be here.
- Okay.
- I'm sorry, I should have checked.
I just got so excited
with the art and, you know...
But hey, I got a chance to
see your kind of art. Right?
Would you mind
if I showed you mine?
Okay. [chuckles]
Yeah, okay. Yeah, let's go.
- [chuckles] Okay.
- Yeah.
[hip-hop song playing]
Wow!
Brian, this is some canvas.
- [giggles]
- I remember going to my first USC game when I was 15.
I went with my mom
and my brother Brandon.
I was sitting right up there.
Section 6, seat 14.
The best part
wasn't even the game.
The best part was just
watching my mom be so happy
because I was so happy.
Hey, uh...
I'm... I'm sorry about today,
Karina.
I didn't even know what it
meant when I took that plea.
All I knew was that I just didn't want
to spend the rest of my life in jail.
My cousin went to prison.
And when he came out,
he just wasn't the same.
And you were what, 16?
How did you survive it?
Almost didn't.
Especially in the beginning.
Then I met a man
who showed me a different way,
and everything changed.
Two men look out
from prison bars.
One saw mud,
the other, the stars.
Perspective, gentlemen.
Perspective is the key
to how one fares in life.
Mr. Banks, what do you think?
I don't think none of
this shit apply to me.
Then you need this class
more than most.
[buzzer]
Thank you, gentlemen.
Mr. Banks.
Brian.
I know you think football
is the pathway to happiness.
But on my life, son,
I promise you that it is not.
The path to happiness
begins and ends
in the mind.
Free your mind, Brian,
and your ass will follow.
[Brian] Before him,
all I could think was, "Why me?"
[door opens]
All right, look.
I don't know exactly
what it is you're going through,
but you've got to let it go
or it's gonna pull you down.
How you got here may be wrong,
but the fact is, you are here.
And before you leave this place
physically, you must leave it mentally,
or you'll be back.
This is for you.
I might give you more books
from time to time.
Books I hope you'll read.
[door closes]
[Brian] I wish I could say
I got it from the start, but...
I was scared.
Scared my life was over.
Then this dude, doesn't know nothing
about me, he's talking about helping me?
Was this the kind of help
that my lawyer gave me?
So, yeah, I was skeptical.
And right when I'm trying to
understand everything he's teaching me,
I get transferred.
Didn't see him again.
That's when prison
had its own ideas.
- [indistinct chatter]
- [laughter]
[toilet flushes]
What's up, homie?
You got a problem, bitch?
No, I ain't got no problem.
B87.
Gate's open.
[Brian] In prison,
it's the not knowing that gets to you.
Not knowing what's on
the other side of a door.
Not knowing
if you'll make it out alive.
[indistinct chatter]
What's up, homie?
[grunts]
Sometimes you gotta walk deeper
into the darkness to find the light.
Hey, Banks, get up!
Let's go! Up! Now!
You broke his jaw, Banks.
Don't you ever want
to get out of here?
Sixty days. Think about it.
[Brian]
That was solitary for me.
[door slams]
[breathing heavily]
[grunting]
I don't even feel you
no more, God.
I can't feel you.
[laughs]
Brian, we need you
back in the game.
Hey, you think they give
a shit about you?
About how twisted up
and pissed off you are?
They don't even remember
your name. Shit.
[exhales]
[groans]
Brian.
You've got to let it go.
You've got to let it all go,
or it's going
to pull you down.
All you can control in life...
This is for you.
Is how you respond to life.
It's strange.
I didn't see Mr. Johnson
after that first year in juvie.
But he's been with me
every day since.
Listen, I...
I want to be honest with you.
I, um...
I told you
I put off grad school,
but I didn't say why.
Why I reacted
when I heard your story.
I... I didn't have the best
experience in college and...
Um...
Who was he?
A friend... [sniffles]
I thought.
Uh...
He said he couldn't
remember me saying no.
Said I could have gotten
those bruises from anywhere.
The cops were like,
"Sure you're not overreacting?"
And when the school...
did nothing...
I left.
I'm sorry.
I... I don't even know how you can
hang with me after hearing my story.
[chuckles]
Well, I couldn't at first.
But then I got to know you.
[TV: football game]
No. Can't do that.
Can't do that.
[sighs]
[electronic chirp]
[chuckles]
[humming]
[electronic chirp]
[chuckles]
[crowd cheering]
[announcer] Here he comes,
and that'll be a first down.
Whoo! That's the way to freaking
pass, baby! Yeah, baby!
[announcer] And Coach Pete
Carroll calls another time-out.
[announcer 2]
I gotta tell you,
when it comes to Coach Carroll,
there's no quit in him.
The players believe in him,
they believe in the system.
He brings a lot of energy
to the team.
And I think Carroll coming on
to the Seahawks
is the best decision
they could have made.
[electronic chirp]
[breathing heavily]
Oh, shit. Oh, shit.
Oh, shit.
[breathing heavily]
[muttering]
"Bygones be..."
[buzzing]
[breathing heavily]
Hello?
[Kennisha] Hello?
Kennisha?
Hey.
Hey.
So, um...
I... I guess I'm still wondering
why you'd send me
a friend request like that.
Yeah. I wasn't even sure
you would answer.
So, I was just looking through
people I know from high school.
I saw your page.
And I was like,
you look good. [chuckles]
But I was thinking
maybe we could,
I don't know,
hang out or something?
Hang... Hang out?
Can you understand why that
might seem a little weird to me
that you'd want to do that?
I was in prison. I can't work.
I can't play football.
Things have been pretty tough
for me, Kennisha.
So, I guess that mean you
ain't trying to hang out, then?
Uh, well...
Well, maybe we could.
Yeah, maybe we could.
Truth is, I'm just stuck.
And you're the only one
who can help me get unstuck.
I mean,
you're the only other one
who knows what really happened.
And if you did help me, then...
we would never have to
talk about this stuff again.
All right, well...
what is it you need me to do?
Brian, if they find out you
went anywhere near that girl,
they'll send you
right back to prison.
That's why
nobody's gonna find out.
Please, let's think
about this some more.
You only have ten months left
on your parole.
But I'm still gonna be
on that damn list.
Nobody's gonna ever hire me
if I don't clear my name.
- Well, then let the attorneys handle this.
- My attorneys... What...
What attorneys, Ma? Who? The CIP?
I ain't heard from them in weeks.
Besides, Kennisha already said she
ain't going nowhere near a lawyer.
The only person she agreed
to talk to is Corey's friend.
You remember Corey
from the gym.
So, look, he's got a friend.
Been selling insurance
for a little bit,
but he's starting up
his own PI firm.
So we all got together,
we got a plan.
Trust me. We got a plan.
An insurance agent, Brian?
Mom, Mom.
Sometimes things come your way
and you have to act on them
right then and there
or else you won't have
another chance.
This is my chance.
Okay?
[sighs]
[Arthur] Brian.
[elevator dings]
[Kennisha] Hey.
I wasn't sure
if this was the right place.
You found it. [chuckles]
I was nervous about coming.
Yeah, shit, I've been
kind of nervous myself.
Did I tell you
I got three little ones now?
Oh, you got three kids?
Yeah. But it's some drama
going on with all that.
So that's why I told you I don't
want to talk to no lawyers.
Oh, no, this guy's not...
He's not a lawyer.
He's more like an adviser.
So...
- So, Ms. Reed...
- Rice.
Oh, I'm sorry. Ms. Rice,
I understand from Brian there are some
things that you guys wanted to discuss?
Yeah. Uh...
Well, we wanted to talk to you
about what happened in 2002.
Okay. Uh, Ms. Rice,
is that what you want to do?
I guess so. I mean,
Brian ain't playing in the NFL right now,
I guess that's 'cause of me.
So, you want to help him.
Well, I can't do nothing where I gotta, like,
pay back none of the money or anything.
I mean,
that would take a long time.
[Arthur]
Okay, and I understand.
Look, this is just
for my own education
so that I can... offer advice.
Now,
take me back
to the incident in 2002
and just tell me how you see it.
[Kennisha] Um...
Well, I guess
the way I look at it is,
we was just being young.
[chuckles]
Curious about things.
Okay, so you're saying
that he never raped you?
I don't like using that word.
Well, then tell me
what happened.
Well, after we was down there and he
went out the door and I went my way,
there was this security guard.
Hey!
You know I saw you
with that boy.
Y'all went in the 700
building, didn't you?
I know what you kids
do in there.
Yeah, well, it wasn't my idea.
- Whose was it?
- His.
Oh! So, you're saying
he made you go in there?
Made you do stuff?
So, if that's true,
you're saying he raped you.
Is that what you're saying?
So, I wasn't the first person
to use that word.
Uh, so the security guard
said it first?
And then you wrote it down on a piece
of paper and gave it to your friend?
Mm-hmm.
Okay. Did you tell
any of these people
that you and Brian were just
kissing and heavy petting
and that you didn't
actually have sex?
[scoffs] Nobody was listening
to anything I had to say.
I mean, my attorney was like, "Just don't
say nothing. Like, don't talk at all.
Just let them do
what they're gonna do."
Okay, so, to be clear...
Brian never raped you?
No, he did not rape me.
Did he kidnap you?
Never.
Alissa.
[Arthur] To be clear,
Brian never raped you?
No, he did not rape me.
[Arthur] Did he kidnap you?
[Kennisha] Never.
Amazing.
A full recantation on tape.
[gasps]
So, and she knew, right?
This guy told her she was being taped?
Uh, no.
No. No, but...
he did have a sign on the wall
that said
the room was being monitored.
A sign on the wall,
that's it?
[stammers] Justin.
This is what you said I needed.
Something extraordinary.
This is what I brought you. Kennisha
telling the truth. She's telling the truth.
[Alissa] It's amazing, Brian.
It really is. I've...
I've never seen
anything like it.
But it's also...
It's inadmissible.
- You can't use it.
- [sighs]
You can't record somebody
in the State of California
without their explicit consent.
Come on.
We got her sitting there
right on tape,
telling the truth.
You're telling me
I can't show anybody?
What do you think
the chances are
of getting her to say it again
on the record?
No chance!
PI already scared her off
by trying to get her
to sign something at the end.
Once she knows she perjured
herself and could lose the money,
she's gonna recant
her recantation.
Yeah.
Brian, I'm sorry.
I'm sorry. I...
I wish you'd have called us
before you reached out.
You wish
I would have called you?
You wish
I would have called you?
You know why
I didn't call you, Justin?
Because every time I throw you a
pass, you bat it down,
- just like you're doing now.
- That's not what we're doing.
Coming at me with all these...
these legal excuses about the system.
About how the truth doesn't matter.
The truth matters!
I know it matters.
I know that.
Okay? And that tape is...
extraordinary.
I agree. But...
- I can't do anything legally...
- Okay, okay. Stop.
Okay? You know what, man?
- You know, forget the tape. Okay?
- [remote clatters]
[exhales]
You want extraordinary?
I'll tell you what's
extraordinary about this case.
I am.
It's extraordinary
that I'm still here.
That I'm still standing.
You ever been in prison?
I'm not talking about
to visit one of your clients.
You ever been locked up?
I spent my 17th birthday and the 60
days after that in solitary confinement.
It nearly killed me.
And the only reason it didn't is
because something happened to me.
Something extraordinary.
Someone extraordinary.
[sighs]
I've done...
everything I can on my own...
to get myself free.
There's only one other person who
can get me the rest of the way,
and that's you.
So, I'm begging you.
Forget all the rules.
Forget all the reasons. Forget all
the roadblocks they put in our way.
I know the system doesn't care
about me, Justin. I know.
But I know you do.
Help set me free.
[exhales]
Okay.
Okay.
Right.
[exhales]
Okay.
Brian Banks lost
ten years of his life.
We have ten months
to clear his name. Why?
Because the habeas petition
will only be considered
while you're still
under state supervision.
That's right. If we can't get this
thing overturned within ten months
before his parole runs out,
he's guilty
the rest of his life.
99% of all habeas petitions
get rejected,
so just getting the DA to pay
attention to this is gonna be tough.
Hey, Barbara.
Justin Brooks again.
Hey, is Rafael in?
He'll have to get back
to you, Mr. Brooks.
All right.
As soon as he can, please.
Thank you.
So while I'm trying to force him
to pay attention,
Alissa will put together
a new petition,
while, Marilyn, you try to
track down Kennisha Rice
and get her on the record
this time.
Now, just remember,
and this is critical,
if the court doesn't schedule us
ASAP, Brian's gonna run out of time.
Brian's the same age
as some of you.
He should have gone
to college by now.
He should be playing in the NFL.
- [knocking]
- Hey, we found Mateo.
He's on the Loller case,
LA Superior.
[Justin] And the reason he isn't
is not just because a girl lied,
it's because the system didn't care
about the truth in the first place.
Well, in the words of somebody
I greatly admire,
- "Fuck the system."
- [cheering]
- It was a good day.
- [sighs] Yeah.
Well, if it isn't
our elusive district attorney.
- Mr. Brooks.
- How you doing, Rafael? I've been looking for you.
Aren't we seeing each other
for Leftowich in three weeks?
This can't wait three weeks.
I'm representing Brian Banks.
Falsely accused of rape.
The girl's recanted her story.
We got it all on tape.
Let me guess. You want me
to take a look at it.
I want you to meet Brian Banks.
He's an amazing kid.
Could have played pro ball. I'm telling
you, Rafael, this is gonna blow up.
Media's gonna be all over it.
Chance for you to jump in
and control the spin.
You are the master spinner,
aren't you, Mr. Brooks?
Well, I'm a lawyer, so...
it's redundant. [chuckles]
Come on, Rafael.
Kid's different.
Have your client here
in 90 minutes.
Otherwise, he waits in line
like everyone else.
[ringing]
Hey, Justin.
You got a jacket and a tie?
I look okay?
Ain't nothing okay
about the way you look.
- [keys jingle]
- Now, go.
Please do not tell me
this is another bad decision.
I'm gonna start calling you
Bad Decision Banks.
- But... I-I have a job interview, sir.
- Oh, yeah?
Like the one in San Diego when
you were meeting with that lawyer?
I got my sources.
Give me the keys, Banks.
- Sir, I-I really have...
- Give me the goddamn keys, Banks.
[sighs]
- [phone beeps]
- [line rings]
Yeah, I got him.
Where's your guy?
Hey! Hey, he's coming.
He's just...
Let me get you
a cup of coffee.
Nice try, Mr. Brooks.
Time's up.
Nobody from the DA's office
ever visited the crime scene.
I did. I saw where this girl claimed
she was dragged down a hallway
lined with open classrooms
full of students,
and forcibly raped.
Nobody saw it.
Nobody heard it.
Hey,
you think the brass
is gonna wonder
why you and your investigators
never checked this place out?
[Brian] Sir, this is my mom's car.
My mom.
There aren't any drugs
in there, I swear.
Good. So, you have nothing
to worry about.
Now, why you going to LA?
You know you can't take a job
outside the district.
The job's local.
Corporate headquarters are in LA.
Car's clean.
[trunk shuts]
You better not be
lying to me, Banks.
Straight there, straight back.
'Cause if you so much as
pull over to piss,
you'll be back behind bars.
[phone rings]
[Justin] Where are you?
Yeah, no... I'm on my way.
My PO was busting my ass.
I'm... I'll be there.
[door opens]
Hey!
Sorry, man.
Save it for the DA.
Mateo's in a mood.
All right.
Mr. Brooks says you filed
the habeas petition yourself.
Yes, sir.
Read the California Appeals Code
while I was in prison.
Why do you think she lied,
Mr. Banks?
She was a 15-year-old girl with her whole
life ahead of her. Why would she lie?
I've asked myself that
a thousand times.
Maybe it was the money.
Maybe I hurt her feelings.
But with all due respect, sir,
I don't know why it's my
responsibility to explain why she lied.
The fact is, she did.
Her testimony changed
every time. Mine never did.
Mr. Mateo, I don't wish
any ill will towards Kennisha.
I just want a chance
to turn all this negativity
into something positive.
- Has she gone on the record?
- [Justin] No.
We're kind of having a hard time
tracking her down.
I need to speak with her.
I won't recommend
reversing any conviction
until I interview
the victim myself.
Tell me we're getting close.
Absolutely.
You did great in there.
You just got to get her
to show up.
- What does that mean?
- It's not gonna be easy.
If the state finds out
she lied,
she could lose
the whole settlement.
- The 1.5.
- But Kennisha doesn't know that.
There ain't no way
she told her mom she flipped.
I know, but I've seen
this sort of thing before.
Witnesses,
- they stay hidden unless...
- Unless?
No. No, no, no,
Brian, you can't.
I can't... I can't what?
I've gone to reporters before to help
me find a witness or get them to talk.
Sometimes, when you go public,
people want to
defend themselves.
- Then that's what we do.
- Listen to me, Brian.
Your PO finds out that you contacted
Kennisha, you could go right back to jail.
I told you.
I'm already in jail.
[line ringing]
This is Mike.
Hey, Mr. Paley,
uh, this is Brian Banks.
26-year-old Brian Banks,
who once had dreams of the NFL,
is now fighting
to clear his name.
His football dreams ended
at the age of 16
when he was accused of a crime
he claims he didn't commit.
[Arthur] To be clear,
Brian never raped you?
[Kennisha]
No, he did not rape me.
[indistinct chatter]
- Brian! Brian!
- [indistinct shouting]
Brian! Brian! Is the district
attorney reopening the case?
Brian,
any more word from Kennisha?
Do you think you'll get
another shot at the NFL?
Hey, first I gotta
get my day in court.
- [phone rings]
- All right?
[indistinct shouting]
- Yeah.
- [Justin] It worked, Brian.
The mother surfaced.
She called
the district attorney's office.
- Had a whole shit-fit.
- Okay.
So, Mateo issued a subpoena.
He threatened to call the school district,
turn over all the evidence
unless they show.
So, now we're close, Brian.
We're really close.
Okay, thanks, Justin. Yeah.
- [keys jingle]
- [chuckles]
[phone rings]
[exhales]
Contacting the victim.
Recording her
without her consent.
Lying to your PO
about job interviews.
That's three strikes,
right there.
Now, look, I know you saw it.
And you heard her say
I didn't do it
because I didn't do it.
Now, if someone put that on you,
you would have done the same thing.
No, wrong. Don't tell me
what I'd do, Banks.
You and I ain't the same.
Do you even know what the
word "credibility" means?
You have no credibility
when you lie to me
to prove that someone
lied about you.
That is in direct violation
of your parole under the law.
Do you hear me?
Do you hear me?
Yes, sir, I hear you.
It is my duty
to report your violations.
And I plan to obey that duty.
In time.
Law says I have to report it.
It just doesn't say when.
I'm gonna give you eight weeks,
till your parole is up.
If, in that time,
they do not overturn your conviction,
you won't just be
a registered sex offender.
You'll be a prisoner again.
Mr. Brooks,
where is this witness?
Your Honor, uh,
we respectfully ask the court
to just indulge us
with a little more time.
[Judge Monk]
She's half an hour late.
You think this is
the only hearing on the docket?
Issue another subpoena
and reschedule the hearing.
- Adjourned.
- [gavel pounds]
[sighs]
Come on, Rafael.
Can't you work with me a little bit?
I mean, there's no time
for another hearing.
Brian's parole
is gonna run out.
Then it's over. He's done.
You know that.
I need a statement from the
complainant on the record.
A statement that casts doubt on her
original testimony. Now, you know that.
Justin, that's her mom.
That's her.
Ms. Rice.
Ms. Rice.
Now, who the hell are y'all?
I'm District Attorney Rafael Mateo, ma'am.
You're in the right place.
- Are you Kennisha?
- Yeah, that's her.
Look, the only reason why we came down
here is to clear up all this bullshit.
We want to clear this up too,
ma'am.
So, maybe we can all sit down
and have a talk.
[baby fussing]
[Mateo] So, Kennisha,
this won't take long.
- We have some questions.
- [mom] This all you need to know.
That boy out there,
he raped my daughter.
End of story.
All that other shit on TV
he forced her to say.
- He offered her $10,000.
- [baby fussing]
Kennisha, you told our investigator
that Brian offered you $20,000.
Mama, can you take him
out of here, please?
Just say what you said
the first time in court.
Come on.
[baby babbles]
[door opens]
I'm not gonna answer none
of y'all's stupid questions.
- Ms. Rice, I just need...
- I said I'm not answering them!
What if I make my best effort
to not ask any stupid questions?
They're all stupid,
if you ask me.
Well, my name is Justin Brooks and I
run the California Innocence Project.
We get thousands of requests
every year
for people to represent them.
And Kennisha,
if Brian Banks raped you,
I don't want
to represent him.
- He did rape me.
- Okay. Okay.
Well, if you can just
get me to accept that
and clear up a few of these
inconsistencies, we can all move on here.
Okay?
I just want
to talk to you briefly
about the incident
in July of 2002.
[sighs]
When you went into
that stairwell with Brian,
what did you think
was gonna happen?
I don't know.
I was young at the time.
Right.
At the top of the stairwell,
there are classrooms.
- School was in session.
- Mm-hmm.
So, why didn't you just
shout out to anybody?
'Cause I didn't know
he was gonna do it.
When we first went down there,
I thought he was just gonna touch.
You know, touchy-feely.
So, Ms. Rice,
are you saying that you initially
went down there willingly?
No. [sighs]
You putting words in my mouth.
You just said,
"When we first went down there,
I thought it was gonna be
touchy-feely."
You didn't say that
he forced or dragged you.
There you go again
with them stupid questions.
Brian know he did it.
If he was so innocent,
he would have took it to trial and won.
Kennisha, don't you think
anybody's ever been coerced
into taking a plea before?
I mean, maybe Brian
just felt trapped.
But listen,
we all make mistakes,
especially when we're young.
We...
We say things we regret.
Isn't it possible
that maybe you said some things
back then that you didn't mean?
Kennisha, did Brian ever coerce
you or pay you to talk to him?
He ain't got no money.
Right.
So you reached out to him
on your Facebook page yourself
to help him, right?
That was nice.
Because you know you didn't
have sex with him
in that stairwell.
You know that.
You guys went down there
to make out. And then Brian...
you know, he may have embarrassed
you a little bit that day, right?
Maybe because he didn't want
to go through with it.
I understand,
and you liked him.
You liked him a lot.
It's okay.
[mom] Yeah, y'all started it,
but we gonna finish it.
- You...
- [creaking]
Kennisha, what you said on the
tape the other day, if it's true,
Brian can get his life back.
- You can help him get a job.
- [door rattles]
- He can move on with his life.
- What the hell is taking so long in here?
- [door shuts]
- Oh, did you tell them the truth this time?
Or they got you in here
making up some other story?
What about my life?
I go on with my life?
Can I get my virginity back?
Ms. Rice, I just need...
I ain't talking to you no more.
You a smartass.
Just... Let's take a break,
and we'll just
- come back here in a moment.
- I'm not coming back!
I'm never coming back.
I'm done talking to y'all. I'm done.
I'm not talking no more!
- Ms. Rice, we have to...
- No. You heard her.
Talking's over. Let's go.
[door opens]
She admitted
it was consensual.
She said
it started consensually...
Which eliminates
the kidnapping charge.
You said you needed
something on the record
that would cast doubt on her original
testimony. Didn't you just get that?
All I can do is recommend
that the same judge who put
Brian away overturn this.
And you know
the chances of that.
Don't let that stop you.
Do you have a child,
Mr. Mateo?
Can you imagine
what it's like
seeing that child,
that innocent child,
taken from you
and locked away with
men who have done real crimes
and can do real harm to him?
All a mother ever wants
is to protect her children.
And I was never ever able
to do that for my boy.
I'll go to my grave
feeling the pain of that past.
But you can do something today,
Mr. Mateo,
to stop the pain of his future.
Now, that judge,
he will listen to you.
You know he will,
if you believe in your heart
that what was done to my son
was wrong.
[crowd clamoring]
[bailiff] All rise.
Be seated.
Okay, People vs. Banks.
I have before me a petition
for writ of habeas corpus,
petition of error coram nobis to
overturn the original judgment.
So...
do the petitioners
wish to say anything?
Yes, thank you, Your Honor.
Brian Banks
was 16 years old
when he was accused of a crime
he did not commit.
He lost 11 years
of his young life.
A scholarship.
He was prevented from playing
football, a game that he loves.
And I think we have to ask why.
Was it the system
that failed him?
Nobody has been more critical
of this system than I have.
But I've come to realize,
maybe it's not the system.
Maybe it's us.
All of us.
Maybe it's me.
Yes, we have laws.
But those laws
can be interpreted.
There is
just enough flexibility
to allow for
some amount of choice.
And with that choice
comes the power to do right.
To choose justice
over expediency,
and the truth
over a technicality.
And the truth is,
Brian Banks is innocent.
Eleven years, Your Honor.
Eleven years my client
will never get back.
Eleven years his family
has had to suffer.
Eleven years of dreams deferred.
And we can fix it.
We can rectify it all
here today.
You know, most of the time,
I'm just trying to get my client
their lives back.
In Brian Banks' case,
we have a chance
to give him his dreams back.
Please don't deny him
that chance.
Thank you.
And the People?
The People will concede the
matter, Your Honor,
and ask the court to grant
the petition for exoneration.
All right, then.
- The petition is granted.
- [gavel pounds]
[crowd exclaims]
[sobbing]
[Justin] Brian.
[sniffles]
Thank you.
Thank you.
Thank you
for not giving up,
for making sure
I didn't either.
- Well done, Brooks.
- Thank you.
[crying]
[laughs]
- [cheering, applause]
- Brian!
[crowd exclaiming]
[cheering, applause]
- Brian!
- Brian!
Brian,
tell us how you're feeling.
- Do you plan to sue?
- Are you angry at the situation?
No. At some point,
you gotta let all that go.
All I ever wanted
was my freedom,
and we got that here today.
[cheering]
[cheering]
[kids shouting]
[boy] Two!
Hut! Hut!
Hut!
Hut!
[indistinct shouting]
[exhales]
[phone ringing]
Hello?
Hey, I'm looking
for a linebacker.
Know where I might find any?
[chuckles]
Coach Carroll.
[laughs]
It was good to see you
on TV the other day.
How are you, old friend?
Oh, I'm on top of the world,
Coach. How you doing?
I'm doing pretty well
up here in Seattle.
I'm so sorry you had to go to hell and
back, Brian, but wanted to ask you.
Think you may want to come up
here and try out for the Seahawks?
Oh, most definitely, Coach.
Most definitely.
All right. I need you on the
plane first thing Monday morning.
Yeah. [chuckles] Thanks.
[thud]
Y'all trying to play?
[all] Yeah.
All right. Line up.
Let's see something.
- [chorus vocalizing]
- They tried To bring me down
- [boy shouting]
- They tried To count me out
They filled my head
With doubt
But it's not
It's not over
[man rapping] I cry
freedom Every time I speak
Move through the dark clouds
To the light I seek
Straight from the fire
Right into the heat
I shout so loud
That they yellin' "Preach!"
So throw everything
You want at me
Now you think you got me
Where you wanted me
Yeah
Through the mud Through
the pain Through the fire
Lord knows That I'm
impatient But still I pray
[man] Go! Come on, come on! Let's go!
Come on, Banks! That's it!
Go, Brian!
They filled my head
With doubt
But it's not
It's not over
[chattering]
Preach
Oh, yeah
Yeah
Banks.
Why don't you lead us
out of here?
Come on, guys!
Let's gather round!
[players shouting]
[song continues playing]
[players chanting]
Banks! Banks! Banks! Banks!
[crowd cheering, shouting]
They filled my head
With doubt
But it's not, it's not
It's not over
Brian!
Brian!
They tried
To bring me down
But it's not over
It's not over
[singer vocalizing]
[man rapping] Come hell Or high
water I just fightin' Like I oughta
Put my heart In these
recordings Never fallin'
'Cause ain't no autumn
In California
The paranoia that comes
With tryin' to be great
Sometimes
It's too much to take
So I reinin' in every snake
That try to change my fate
They thought They had my name
But I just changed the date
Funny how they love To build
you up Just to tear you down
Put you on the ground While
your head In the world round
They tried
To bring me down
They tried to count me out
They filled my head
With doubt
But it's not
It's not over
And yes
I been through hell
But on the other side
Is where I found myself
And it's not
It's not over
[man rapping] I cry
freedom Every time I speak
Move through the dark clouds
To the light I seek
Straight from the fire
Right into the heat
I shout so loud
That they yellin' "Preach!"
So throw everything
You want at me
Now you think you got me
Where you wanted me
But ain't no stoppin'
What I'm gonna be
You see, the struggle
Is a part of me
They tried
To bring me down
They tried to count me out
They filled my head
With doubt
But it's not
It's not over
And yes
I been through hell
But on the other side
Is where I found myself
And it's not
It's not over
They tried
To bring me down
They tried to count me out
They filled my head
With doubt
But it's not
It's not over
[man rapping]
You know I prayed for it
I prayed for a miracle
And it's not
It's not over
They try to tell you That you
wrong When you know you right
I ain't gonna fall
I'mma stand and fight
I already made it through
A million nights
And it's not
It's not over
["Set Me Free" playing]