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Where's The Baby?
The Bizarre Case of The Banks Baby Murder

2003
January 16: Medell Banks Released; Prosecutors Claim Victory
February 5: Victoria Banks Now Says She Did Have Baby
2002
March 4: Sterilized Woman Serves Time For Killing Baby That May Not Have Been Born
July 9: Three Pleaded Guilty To Infant's Murder, Even Though Infant May Not Have Been Born
July 18: Woman Released After Serving Time For Crime That Never Happened
August 13: Banks Cleared Of Killing Baby That Never Lived

Sterilized Woman Serves Time For Killing Baby That May Not Have Been Born
By Dave Reynolds, Inclusion Daily Express
March 4, 2002

BUTLER, ALABAMA--Several years ago, Victoria Bell Banks had a tubal ligation, a surgical operation that made it impossible for her to have children.

So why are Victoria, her husband Medell Banks Jr., and her sister, Dianne Bell Tucker serving time in prison for killing and burying Victoria's newborn baby just two and a half years ago?

Not only have doctors confirmed that Victoria could not possibly have been pregnant in June 1999, but police also have not been able to find the infant's body.

But Victoria herself told many people, including investigators, that she had been pregnant and had delivered a stillborn baby. Police launched an investigation, even though Victoria, who reportedly has an IQ of 40, later changed her story.

All three pleaded guilty to manslaughter in order to avoid possible death penalty. The judge accepted the pleas, even though he publicly doubted their credibility.

More details are available in the Associate Press article from Sunday's Baltimore Sun:
http://www.sunspot.net/news/nationworld/bal-te.mystery03mar03.story

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Three Pleaded Guilty To Infant's Murder, Even Though Infant May Not Have Been Born
By Dave Reynolds, Inclusion Daily Express
July 9, 2002

BUTLER, ALABAMA--Last year, Victoria Banks, her husband Medell Banks, and sister Diane Tucker pleaded guilty to killing Victoria's newborn baby boy. The pleas spared the three, all of whom reportedly have mental retardation, from possible execution. All received 15-year sentences in prison.

But many problems and questions linger in the minds of those involved in the case.

For example, confessions by the three differ, not only from each other, but also from one day to the next. Police who interrogated them over a period of several days, without the benefit of lawyers, admitted threatening them with the death penalty.

No body or evidence of murder has ever been found. In fact, there is not even proof that Victoria gave birth to a baby at all.

What is more confounding is the fact that Victoria had gone through a tubal ligation, an operation to prevent her from getting pregnant, several years earlier.

The Associated Press has just completed a three-part series on this very confusing case.

These are available at the Gadsen Times Website:
July 7: "An Investigation Wrapped In Questions"
http://www.gadsdentimes.com/news/stories/6136newsstorypage.html
July 8: "Small Town Justice: Lingering Questions Pushed Prosecution"
http://www.gadsdentimes.com/news/stories/6158newsstorypage.html
July 9: "Where Is Justice To Be Found In This Confounding Case?"
http://www.gadsdentimes.com/news/stories/6172newsstorypage.html

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Woman Released After Serving Time For Crime That Never Happened
By Dave Reynolds, Inclusion Daily Express
July 18, 2002

BUTLER, ALABAMA--An Alabama woman who had pleaded guilty to killing her sister's newborn has been released months after tests revealed that not only was the baby never killed, it was never born.

Diane Bell Tucker, 38, was released Wednesday after a judge changed her 15-year sentence for manslaughter to the year she has served, plus one day of probation.

After the hearing, Tucker hugged two of her children and left the courtroom without comment, the Associated Press reported.

In 1999 Tucker's sister, Victoria Banks, was in jail on an unrelated charge when she told Choctaw County Sheriff Donald Lolley that she was going to have a baby. No pregnancy test or examination was done.

Lolley released Banks, but soon noticed that she no longer looked pregnant, and did not have a baby with her. Lolley became suspicious and called in officials with the Alabama Bureau of Investigation. They questioned Banks, who told them that the baby had been born, but that she, her estranged husband, Medell Banks, and her sister, Diane Tucker, had killed the newborn and disposed of its body.

Medell and Victoria Banks and Tucker, all three of whom reportedly have mental retardation, were not represented by attorneys when the investigators interrogated them. The three gave different stories about the child, how and where it was born, and what happened to it after the birth.

They were charged with murder in the case and eventually all three pleaded guilty to manslaughter in order to avoid the death penalty. Each was sentenced to 15 years in prison.

The baby's body was never found and there was no evidence of a birth or a murder.

Last year, a medical examination revealed that Victoria Banks could not have been pregnant in 1999 because she had undergone a tubal ligation, an operation in which her Fallopian tubes were cut and tied, in 1995.

According to documents from the Alabama Bureau of Investigation, Tucker made up the stories because she was afraid. "After being reminded of the seriousness of her position, Tucker stated no one wanted to listen to her and that she didn't know anything about a baby," the documents reportedly read.

The change in Tucker's sentence does not mean that her record is cleared, only that she no longer has to serve time for the crime that never happened.

Medell Banks, whose attorney sought the medical examination, has filed an appeal seeking to have his plea thrown out. Victoria Banks is serving a 15-year sentence for another crime. An appeal may not benefit her any time soon because she must first serve at least five years of that sentence before being considered for release.

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Banks Cleared Of Killing Baby That Never Lived
By Dave Reynolds, Inclusion Daily Express
August 13, 2002

MONTGOMERY, ALABAMA -- Ruling that "a manifest injustice has occurred in this case", a state appeals court Friday threw out the guilty plea of Medell Banks, who had confessed to killing a baby that apparently was never born.

The Alabama Court of Criminal Appeals also expressed concern over the fact that Banks had been interrogated by police for three days -- without a lawyer present -- before giving his guilty plea.

Banks' attorney argued that Medell Banks, his wife Victoria Banks, and her sister, Diane Tucker, all of whom reportedly have mental retardation, had pleaded guilty to manslaughter only to avoid a possible death penalty for killing Victoria Banks' newborn baby in 1999.

A fertility expert recently determined, however, that Victoria Banks could not have been pregnant at the time because she had a tubal ligation in 1995.

Victoria's defenders say she pretended to be pregnant so she could get out of jail while awaiting trial on a separate court case. The local sheriff noticed later that she no longer appeared pregnant. When she could not present the baby, Victoria told the sheriff that it had been killed and buried. No body was ever found. Neither was any evidence of a murder or of a birth.

The attorneys for all three say that they made up different stories to cover up for Victoria's lies. Then, when faced with the possibility of murder convictions and the death penalty, they chose to plead guilty to the reduced manslaughter charges.

Diane Tucker was released last month after a judge changed her sentence from 15 years to the one year served plus one day probation.

Medell Banks was offered the same deal but he turned it down, wanting instead to be completely cleared of the crime.

Victoria Banks is serving a 15-year sentence for a separate conviction. She must first serve at least five years of that sentence before being considered for any release.

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Medell Banks Released; Prosecutors Claim Victory
By Dave Reynolds, Inclusion Daily Express
January 9, 2003

BUTLER, ALABAMA--Medell Banks, who was set to face capital murder charges Monday, is free after pleading guilty last Friday to a misdemeanor charge of tampering with evidence in a police investigation.

Prosecutors and Circuit Judge Thomas Baxter accepted Banks' "best interest" plea in the bizarre case of the death of a baby that apparently was never born.

"I'm happy to be going home," Banks later told the Associated Press. "I thank God.''

Banks, who reportedly has mental retardation, had received a 15 year sentence after pleading guilty to helping kill his estranged wife's newborn baby in 1999. Under pressure from investigators, Banks admitted to killing the infant and disposing of its body in the woods. Investigators did not find any physical evidence of a murder or of the child.

Banks served 41 months of his sentence before medical tests showed that his wife, Victoria Banks, had undergone surgery to have her fallopian tubes tied in 1995. Experts explained that this meant she could not have given birth in 1999.

With that evidence, the Alabama Court of Criminal Appeals allowed Medell Banks to withdraw his guilty plea last summer.

But prosecutors kept pursuing Mr. Banks with a murder charge. His capital murder trail was scheduled to begin Monday, but was called off Friday after he pleaded guilty to tampering with evidence during the initial investigation.

Prosecutors called Friday's misdemeanor plea a victory for the prosecution.

"He got out on our terms," said Bobby Keahey, district attorney for Alabama's 1st Judicial Circuit,. "We wanted him out under the condition that everybody know what the facts were, that the baby was born, and he was there when it was born."

Banks' lead attorney, Rick Hutchinson, disagreed. He said the plea agreement could not have been more favorable for Banks. The "best interest" plea required no admission of guilt, or knowledge of a birth, Hutchinson told the Birmingham News.

Victoria Banks is still in prison on an unrelated charge. Her sister, Dianne Bell Tucker, who had also pleaded guilty to killing the baby, was released last summer after she agreed not to file civil claims against authorities involved in the case.

Medell Banks apparently made no such agreement last week.

"At no time would we waive our rights to bring civil charges against anybody for the way Medell has been mistreated during all of this," Hutchinson said.

Banks' family planned a meal Saturday to celebrate his freedom.

Related article:
"DA: Banks release is victory for prosecution" (Birmingham News)

http://www.InclusionDaily.com/news/03/red/0116b.htm

Related resource:
"Where's The Baby? The Bizarre Case of The Banks Baby Murder" (Inclusion Daily Express)

http://www.InclusionDaily.com/news/laws/banks.htm

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Victoria Banks Now Says She Did Have Baby
By Dave Reynolds, Inclusion Daily Express
February 5, 2003

BUTLER, ALABAMA--Victoria Bell Banks said last week that she in fact did give birth to a baby boy in 1999.

According to District Attorney Bobby Keahey, Banks testified verbally and wrote in a statement Thursday: "I, Victoria Banks, hereby state that I lied when I said I didn't have a baby. I am sorry."

This new testimony means that Banks will not face a possible 15 year prison sentence for lying under oath when she testified earlier that she did not have the baby. However, she will have to finish out a manslaughter sentence for killing the newborn -- even though a medical expert says she could not have given birth anyway.

The perjury charge came after Banks made conflicting statements during previous court proceedings. When questioned by prosecutors, Banks said she gave birth to a baby, but when questioned by defense attorneys she said she didn't.

Defense attorneys maintain that no baby ever existed and that her latest statement is false.

"The deal was she had to say once again she had a baby," said defense attorney Spencer Walker. "That's what the condition was to get the dismissal."

Walker said Thursday's "admission" comes from the prosecutors' attempt to "save face" and to protect themselves against potential civil lawsuits.

Are you confused yet?

This is just the latest in a story that is full of strange "confessions".

Banks, who has mental retardation, told a Choctaw County Sheriff in 1999 that she was pregnant. The sheriff released her from jail so she could have the baby.

Later, when she was not able to show the baby to the sheriff, Banks said that she, her husband and her sister killed the newborn.

Investigators got the other two, who also have mental retardation, to confess to killing the baby and hiding its body.

The baby was never found; neither was any evidence of a murder.

And a medical expert determined that Banks had undergone a tubal ligation in 1995, and could not have had a baby in 1999.

Banks' estranged husband, Medell Banks, and her sister, Dianne Tucker, both pleaded guilty to manslaughter rather than face capital murder charges.

Tucker was released last July.

An appeals court ordered a new trial for Medell Banks. He was freed January 10 after pleading guilty to a misdemeanor charge of tampering with evidence.

Victoria Banks continues to serve time for the baby's death and for a rape charge involving a child she had long before the tubal ligation.

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