Brian and the alleged victim agreed to make their way to a known ‘make-out’ area on campus. There, they made out. The two of them did not have sex.
Later, that same day, Brian was accused by the alleged victim of raping her on campus and was arrested by the Long Beach Police Department. He was 16 the day of arrest. The Long Beach Juvenile court system saw Brian and the charges brought against him fit for adult prosecution. He was sent from juvenile court and tried as an adult where he’d face 41 years to life. His then attorney, Elizabeth Harris, a woman who’d soon be transitioning from a Los Angeles lawyer to a Los Angeles commissioner, coaxed him into pleading no-contest to one count of rape. He was 17 years of age the day he took the plea. Sentenced to 6 years in state prison, he received one felony strike on his brand new criminal record. Brian served 5 years and 2 months incarcerated, released August 29th, 2007. Now home, Brian deals with issues of depression, paranoia, and without education. He must find work, create a social life, and jump head first into adult responsibilities.
On February 27th, 2011 Brian was contacted by the alleged victim via a Facebook friend request and private message wanting to reconcile their friendship and as she put it, “let bygones be bygones.” Brian, realizing the opportunity to prove his innocence, falls to his knees, praying to God for an answer. And with that, his proceeded to play the role of interest. They agreed to meet. Brian immediately contacted a local private investigator to video and audio record the meeting. The location, a private investigation firm.
Two days in a row the alleged victim appeared at the office to meet with Brian. There, with Brian and his private investigator present, the alleged victim confesses to her lies and explains why. Immediately after, Brian contacted Kim Hernandez, Program Director of the California Innocence Project, with his overwhelmingly new evidence. After meeting with and discussing his ordeal, the California Innocence Project takes on his case. The California Innocence Project (CIP) is a law school clinical program at California Western School of Law dedicated to releasing wrongfully convicted inmates and providing an outstanding educational experience to the students enrolled in the clinic. As a clinic, law student handle case work while supervised by a team of attorneys and clinic staff. With the help and efforts of CIP, Brian’s conviction is soon to be over turned.
It has been a exhausting, over bearing struggle for Brian . On May 24, 2012, fter a total of 5 years and 2 months of incarceration, nearly 5 years on strict parole and sex offender registration, a electronic GPS device attached to his ankle, and a number of other circumstances, Brian has finally been EXONERATED!