Jameis Winston – Chapter 3 – Sexual Assault Accusation

Jameis Winston 2013
Jameis Winston 2013

This one is a doozy. This might take awhile so get comfortable and buckle up.

***Note – Due to current privacy laws, the accuser’s name has been redacted in each document and image presented and is not named anywhere throughout the report. If you post a comment naming the accuser, we reserve the right to remove the name in the comment or the whole comment entirely and you may open yourself up to legal action.

***Updated Note – We have added additional texts and tweets which include her name now that she has made her name public.

First, we will begin by saying rape is as reprehensible of a crime as there is and the offenders who are disgusting enough to take such action should be prosecuted to the fullest extent and there should be a special place in hell waiting for them.

With that said, those who use false rape allegations as a defense, weapon or otherwise when it is not legitimate, are not much better on the list of humanity. They should be ashamed of themselves for using the crisis of others as a weapon for themselves. This is not a joking matter or something to be taken lightly. Pursuing the crime is disgusting and falsely claiming to be a victim of such a crime is also disgusting regardless of the excuse.

Now, as it pertains to Jameis Winston’s accuser, let’s just start from the top with the first story.

Somehow or another, on December 7, 2012, Winston and a young female student at Florida State had a sexual encounter. I doubt there is anyone who disputes this fact so far, so we are off to a good start.

You will not get very far into the reviewing this case beyond that fact without seeing things start to get murky rather quickly. Here are the bulk of the resources needed to look into this story in as much detail as possible:

WCTV.tv followed this story as it went along and you can listen to all of the witness interviews and 911 calls on their site.

Official Tallahassee Police Department (TPD) Timeline Summary

Investigative Report Part I (pdf – 149 pages including tweets & phone records)

Investigative Report Part II (pdf – 84 pages including medical records)

Investigator Jason Newlin’s Investigative Report (pdf – 15 pages, mostly summary)

All 3 Above in One (pdf – 248 pages)

Complete Case File (pdf – 86 pages)

David Cornwell Letter (Winston’s Civil Attorney, pdf – 13 pages)

Florida State Attorney, 2nd Judicial Circuit, Willie Meggs Press Conference on the Winston case (Part 1):

Florida State Attorney,  2nd Judicial Circuit, Willie Meggs Press Conference on the Winston case (Part 2):

Jameis Winston Attorney Tim Jansen Press Conference:

Accuser’s Attorney Patricia Carroll Press Conference:

Let’s just start from the top with the first phone call made to police and go from there.

Hit on the head?

After the encounter, the accuser’s friend Jenna Weisberg is who called the police initially which you can hear in the link above. This is the very first account we have of what may have happened.

In this call is the first time we hear of the accuser being hit in the head as this is what the accuser told her friend (and other friends as well as we learn) who relayed that information on the 911 call. This is also the first time we hear they had met at Potbelly’s, a local Tallahassee bar near campus with indoor and outdoor bar space and often frequented by FSU students.

Potbelly's Bar near the Florida State campus.
Potbelly’s Bar near the Florida State campus.

Weisberg says in the call her friend claims she thinks she was hit on the back of the head and ended up in somebody’s room and that she kept blacking out and her story was in pieces. That was about the bulk of her story with very little memory of anything else at the time.

Her friend Bria Henry also claimed she had been told a guy at a party hit her on the head as she was leaving a party and she woke up with him on top of her as she indicated in a text to Coach Kristen Cabot Brady, who was the first to call the accuser’s mother.

Bria Henry's Text to Coach Kristen Cabot Brady at 3:10am on 12/7
Bria Henry’s Text to Coach Kristen Cabot Brady at 3:10am on 12/7

I went to college. I never remember anyone saying something at a party, when it actually happened at a bar unless there was a particular Halloween party or something at the bar. Bars or clubs are just that and usually when someone said a party, it was assumed some kind of house party, boat party, bonfire party, 21st birthday party, etc. None of which happened that night. I doubt they were having a Pearl Harbor party that night. Not that big of a deal, just something that made me have to take a second look and does not make much sense.

She told the same story to Investigator Angulo according to his report:

Bria Henry's account from the report of Investigator Angulo.
Bria Henry’s account from the report of Investigator Angulo.

According to the initial police report by the arriving officer, Clayton Fallis, officers observing the witness noted there were no obvious signs of any external injuries and bruises began to appear as they continued their investigation. Nothing about a head injury was observed and if bruising was just beginning to appear, they did not describe where the bruising was located or how it looked which could help determine how much time had passed since an incident occurred. Depending on how hard an impact was made on the body, it would allow us to recognize not much time could have passed.

Immediately after officers concluded their initial investigation at the call out scene, she was taken to the hospital, Tallahassee Memorial Healthcare (TMH), for evidence collection and treatment. Here is where we first see an indication of where the bruising was by the attending nurse and Sexual Assault Nurse Examiner (SANE), Ms. Walker, investigator Mr. Angulo and Forensic Specialist Mr. Kornegay.

Report from Forensic Specialist William Kornegay and verified by Forensic Supervisor Joanne Maltese
Report from Forensic Specialist William Kornegay and verified by Forensic Supervisor Joanne Maltese

Assuming all the bruising came from her encounter with Jameis Winston and not in a crowded bar full of drunks, a bar which has more steps, multiple levels, wrap-rounds and somewhat confusing layout than possibly any other bar in town or while riding on a scooter with inappropriate attire, or from the other sexual encounter she had within close proximity of that time and of course we will refrain from knowing the fact some females enjoy sexual encounters being a little rougher which may cause bruising; the bruising on the knees and feet seems consistent with the accounts of Darby and Casher of what happened that night.

Report from Investigator Angulo
Report from Investigator Angulo
Medical Diagram Report of the accuser done by the Sexual Assault Nurse Examiner (SANE) at TMH.
Medical Diagram Report of the accuser done by the Sexual Assault Nurse Examiner (SANE) at TMH.

According to the Body Diagram Report provided by the Sexual Assault Nurse Examiner (SANE) at TMH and witnessed by another SANE nurse signed on the report, the accuser had mild redness on the knees, bruising on one elbow, a small bruise on the lateral side (outside) of the left knee and mild redness on the top of the right foot. The patient also complained of lumbar (lower back) muscle soreness and vaginal tenderness. There is no indication or complaining of any basic signs or symptoms of taking a hit to the back of her head. State Attorney Willie Meggs, in his press conference, also stated there was no evidence of head trauma on the accuser.

From all indications from multiple FSU Police Officers, multiple Tallahassee Police Department Officers, two Forensics Specialists, a State Attorney Investigator and two Sexual Assault Nurse Examiners, none gave any indication at all or documented any findings involving evidence of being hit in the head. The only mention of it is by friends before police arrived and after that time, the accuser never mentions it to any of the investigators or examiners again and it is never mentioned again until the press conference held by her attorney Patricia Carroll.

This would lead a rational person to come to the conclusion she was never really hit on the head as there is just too much evidence to the contrary.

But was she drunk?

We’ll start with what her friends claim and then get into the lab results.

Monique Kessler was a friend of hers who lived in the same dorm on campus. In the taped interview with investigators, she admits to being oblivious most of the time, but says she saw the accuser give one of the players her phone number. She is recorded saying, “she didn’t seem drunk.” Later stated, “She seemed fine and doesn’t drink much.” Claims after she had given out her number, she got a text from someone awhile later about meeting her and she was gone soon after.

So her girlfriend who lives within close proximity of her and went out with her that night, claims she did not seem drunk and seemed fine.

Marcus Jordan is another friend of the accuser who he claimed he had known for awhile through mutual friends. In his taped interview he claims, “she doesn’t get that drunk” and later stated he, “saw her dancing with a black guy.” He claims around 11:30 she was more buzzed than drunk and just having a good time. He stated he personally had given her two shots of tequila and they had shared a drink even while she was dancing. He claims it was not like her at all to be dancing and is not like her at all to go home with someone. Jordan claimed if there had been anything between anyone, it would have been him and her, but it wasn’t anything.

Jordan claimed to have known the accuser for a year, however claimed he had never heard of her boyfriend Jamal Roberts before. It seems if she never got too drunk and would have been the last to hit the dance floor and possibly even thought there may have been a chance they could have become an item, he would likely remember her doing something out of the ordinary like dancing with someone else at the bar if it was so rare and was not with him.

This is her own handwritten statement:

Sharing 5-6 drinks and a shot from a friend.
Sharing 5-6 drinks and a shot from a friend.

According to TPD Officer Fallis, the accuser and Marcus Jordan had been drinking from the same cup and she was given a shot from someone who was a friend of Jordan’s.

Report by TPD Officer Fallis on her drinking that night.
Report by TPD Officer Fallis on her drinking that night.

Basicall,y Jordan was sharing a drink with her and one of his friends offered her a shot. So far, not exactly blackout worthy. Remember, both were underage at the time and according to arrests reports, Jordan had months later been charged with possessing a fake ID, so both likely had to play it cool to get drinks with his fake ID and possibly why they were sharing. Either way, neither could legally just go to the bar and purchase a drink.

According to the accuser, she also received a shot at the bar when a shorter “Indian” looking guy was following her around:

The bartender giving her a shot, possibly one of the shots reported by Jordan.
The bartender giving her a shot, possibly one of the shots reported by Jordan.

According to the report by Investigator Angulo, she stated she reported 5 vodka cups and a shot:

Alcohol reported to Investigator Angulo.
Alcohol reported to Investigator Angulo.

More from his report on when he first met her upon arriving at the hospital:

Investigator Angulo reporting she was lucid and not intoxicated
Investigator Angulo reporting she was lucid and not intoxicated

According to Investigator Angulo, she did not seem intoxicated when they first met at the hospital just a couple of hours after the sexual encounter.

Incident Report by Investigator Angulo.
Incident Report by Investigator Angulo.

Jason Newlin of the State Attorney’s Office confirms she could communicate clearly:

Accusers communication according to Newlin.
Accusers communication according to Newlin.

Now we have one report of her receiving a shot from a bartender and multiple reports of her receiving a shot by someone while walking through the bar as well as multiple reports of her sharing as many as five drinks with her friends. That amount of alcohol is not consistent with someone to be in a blackout state and she never displayed any signs or symptoms of acute alcohol poisoning.

Based on her account of not remembering anything after she received the shot walking through the bar, nothing short of some Alabama or Tennessee moonshine with strength unknown to man could have caused such a reaction.

What if it was drugged? By all accounts, if it was drugged, it would have had to have been done by one of her own friends who have cooperated fully with investigators so extremely unlikely, the bartender who did not know her which is also very unlikely or the friend of her friend Marcus Jordan which is also very unlikely. If in the extremely unlikely event any of them did drug her, which would make no sense, none benefited from it, however that did not happen as we will illustrate below.

The tolerance of alcohol is different for everyone based on any number of factors from how often they drink, their size and weight, consumption of food, interacting medications, during or after drinking and other genetic variables.

Based on the accounts from her friends, she did not drink very often and did not seem drunk when they saw her at the bar. Based on the time it takes alcohol to metabolize in the body, there is nothing she could have had to drink after she left which could have forced her into a blackout state and at her size as a small girl who did not drink very much, there is no way anything she could have had to drink that night could impair her enough to be in a blackout state, which could have suddenly been gone and her looking sober in the hospital just a couple of hours later.

There were no other drug interactions as we will get into later and there were no indications in her texts and phone calls which she made clearly and coherently that she was intoxicated as we will also get into later.

Accuser's account of ending up in the taxi.
Accuser’s account of ending up in the taxi.

There is no evidence she had had so much to drink, she did not know what she was doing when she entered the taxi nor any evidence she was so impaired she could not have cried for help if forced into one.

Now to the lab reports.

In Angulo’s Report, he lists the Blood Alcohol Content (BAC) as 0.048 g/100mL +/- 0.002.

0.048 BAC according to Angulo.
0.048 BAC according to Angulo.

This is from the FDLE Report referencing her BAC level:

FDLE Report of accuser's BAC level at 0.048.
FDLE Report of accuser’s BAC level at 0.048.

How drunk is 0.048 BAC?

Well, in the state of Florida where this occurred, you can still legally shoot a gun up to a level of 0.10 according to Concealed Carry Law references and Winston’s attorney Jansen. You may also operate a vehicle up to a limit of 0.08.

This result was also confirmed by State Attorney Willie Meggs in the press conference linked above as he said it is, “not very high.”

Outside of being underage, it is only halfway at best to being high enough to cause any potential illegalities and certainly not anywhere close enough to causing blackouts, memory loss or impair the decision making of an individual.

Based on everything we have seen from the reports by the accuser, the witness statements from her own friends, the reports from the officers and investigators from multiple departments, the hospital nurses and finally, the lab reports, there is no denying she was not intoxicated to the level of impairment to where she would have had any sort of memory loss, blacking out or did not know what she was doing.

So she wasn’t blackout drunk & wasn’t hit on the head, it had to be drugs, right?

The short answer based on witness testimony from her own friends, observation from officers of multiple departments, medical professionals and lab reports is very quickly an overwhelming no in regards to the possibility of drugs being used.

It is first a very large stretch to assume someone who had only been in the area for 4-5 months prior to this encounter, had been a straight A student his entire life, was busy with sports year round, was busy keeping a collegiate schedule in addition to multiple college sports and maintaining his grades, from some small town in southern Alabama with no prior background with any drug use, somehow had access to any date rape type drugs at that particular time and place when he was still in a new environment and assuming his teammates who he was out with and lived with were fine with such actions.

None of her friends described any drug use at all, the officers and medical professionals investigating and treating her never observed her acting abnormally and the lab report turned up no drugs in her system when screening for them.

We have already shown the officer and nurse reports of her being coherent and not intoxicated in the alcohol section, so we will focus more on the lab results here and why her seeming sober still means so much regarding drug use.

No drug other than a gamma-Hydroxybutyric acid (GHB) type of drug could have been used to give her such an immediate effect of blacking out and loss of memory and that has a half-life of 30-60 minutes so would not work as quickly as she claims. Even if this was given in a shot from a stranger to her, it would still not coincide with her actions, how quickly she claims to have began to lose her memory, the timing of when the alleged encounter took place, would not have been able to remember the details of his apartment or elsewhere which she did recall and would not have appeared so coherent when officers arrived. The only other drugs with such potency to be used for such an immediate effect would have been something like Diprivan or other general anesthetics which work immediately and are often used to induce a coma or put someone out for surgery which is highly controlled and would need to be administered intravenously to have such an effect and we know that did not happen based on her physical exam and being so coherent during and shortly after the encounter, not to mention the lab reports once again.

The other drug claimed to possibly have been used was the popular date rape drug known as Rohypnol, commonly referred to as Roofies. Rohypnol has a much longer half life of 18-26 hours. This means she would have been passed out for hours during and after the encounter and would have a hangover-like effect long after it had been administered. After a predator takes advantage of the effects, once the victim awakes, they display having slurred speech, respiratory depression and gastrointestinal disturbances lasting 12 or more hours including vomiting. The accuser did not demonstrate any of these signs or symptoms which would have been very obvious to the officers and investigators present as well as the SANE nurses who have been trained to detect such behavior. Based on the medical report, the accuser claimed to have urinated since the encounter and changed clothes, but did not defecate or vomit.

Patient claiming she did not defecate after the encounter to SANE nurses.
Patient claiming she did not defecate after the encounter to SANE nurses.

Now these are just the the obvious signs and symptoms observed of the accuser immediately following the event and the actual lab work would take a little more time.

The specimen was sent to the best Forensic Toxicology Laboratory in the area in Gainesville, FL at the University of Florida. The testing was done at the University of Florida College of Medicine, Department of Pathology, Immunology and Laboratory Medicine in the Forensic Toxicology Laboratory.

According to Winston’s attorney and the report from the lab, they tested for over 172 different drugs including Benzodiazepines and narcotics like Roofies and GHB.

Director of Toxicology Bruce A. Goldberger, Ph.D. signed off on the sample submitted by Sgt. Joanna Baldwin of the Tallahassee Police Department and found no evidence of any drugs in the system of the accuser in his comprehensive drug screen.

Drug screen report from Bruce A. Goldberger of the University of Florida.
Drug screen report from Bruce A. Goldberger of the University of Florida.

This was also confirmed by State Attorney Willie Meggs in his press conference stating no evidence of drugs were found in her system. In the second part of his video he indicates there was no evidence of major impairment or use of drugs. When asked further about drug use, Meggs stated there was no evidence of drug use by anyone involved at all.

The attorney of the accuser at one point in her press conference around the 46:00 point says she believes she was “drugged at the bar” and her “fragmented memory” is consistent with someone who has been drugged. As you can see from the above and we can provide more evidence to the contrary, her statements are patently false regarding her client being drugged and the lab reports prove that. Her statements are also consistent with someone who is telling lies, but we will allow readers to determine which may be the truth.

One problem with any of them, is how she was coherently texting before, during and shortly after the encounter, at the hospital, hours later when worried about test answers on a test she had the following day, she could remember details about the cab ride, remember details such as his door not being able to lock, exactly what his sheets looked like, could describe the roommate who came into the room, could remember going to the bathroom, could remember the scooter ride home and being dropped off. That is very inconsistent with someone who was drugged. She was texting, tweeting and making phone calls coherently immediately after and was completely lucid when police officers encountered her regardless of the proof in the lab reports.

In a court of law you would be able to easily show she was not impaired by being hit on the head, alcohol or drug use. The case would likely not even be tried as we have seen to be the case in Tallahassee because with the story changing so many times by the accuser, so many inconsistencies, her claimed memory loss when there is no evidence of anything effecting her memory and not coinciding with the physical evidence and science, the prosecution would have no case at all.

There were texts?

Yes, the texts around the time in question were to Monique Kessler, one of the first witnesses we discussed. During this text exchange you can see the accuser was still at the bar at nearly 1am and text her friend again at 1:45am after she discovered she had lost her ID. It was in this period of time, nearly an hour, when the encountered occurred. According to Nurse Walker at TMH, the incident occurred around 1:30am.

Nurse Walker's Report according to Jason Newlin.
Nurse Walker’s Report according to Jason Newlin.
TPD record of the time of the incident occurrance.
TPD record of the time of the incident occurrance.

This brings up an interesting question since according to the statement made by the accuser, she claimed to the SANE nurse and is indicated in the TPD report recorded just about 3 hours after the actual encounter, all say the incident happened around 1:30am or between 1:30-2am. As indicated above.

The accuser admits in her statement she received a shot from someone, her friend Ms. Kessler then left the bar, she then text her friend about her ID and then claimed the next thing she knew she was in a taxi with a stranger.

Accuser's claim of when she text and when she was in a taxi.
Accuser’s claim of when she text and when she was in a taxi.

This does not make much sense since according to her phone records she text about her ID at 1:45am. If she claims the incident happened around 1:30 and was dropped off around 2am, she would have been texting right in the middle of that time at 1:45am, 1:48am and then not again until 2:24am. If she had text just prior to being in the taxi, that means the entire taxi ride across campus, getting her into the apartment, the entire encounter taking place, getting her dressed, getting outside and on the scooter and dropping her off, all would have had to have happened between 1:49 and 2:23am, all the while not being able to text for help. The first text back at 2:23am was again about her ID and still not asking for help. We know this is not the case, but just a hypothetical based on her discrepancy in the story.

Shortly after at 1:45am, the accuser was texting a friend about her ID coherently and not asking for help or indicating anything was wrong and the only thing she seemed upset over was losing her ID.

Texts between the accuser and Monique Kessler during the time in question.
Texts between the accuser and Monique Kessler during the time in question.

The “His house” text is particularly intriguing since there was no mention of that witness being there, but one of Winston’s friends did ask for the accuser to call her for him and she did. The accuser claims she never answered and if she would have she would have asked for help. That has been a strange anomaly we have yet to figure out unless they did actually speak on the phone and the witness did end up at the house to meet the friend. Since that was never reported, we will just leave it alone.

Now assuming we can calculate the time it took them to reach Winston’s apartment from her last known time at the bar and when she began texting friends again, had to walk a short distance and confirmed she was home, she only had a short period of time with Winston, less than an hour and probably closer to a half an hour.

By 2:37am the accuser was home. By 2:48am she was on the phone with her friend Jenna Weisberg, according to Weisberg’s interview, then Weisberg went to visit the accuser and we know the 911 call was made by her at 3:23am while they were together in her dorm.

Each location in town the accuser claimed to be.
Each location in town the accuser claimed to be.

In the image above you can see each location the accuser claimed to be. Potbelly’s is all the way across campus and then some from Winston’s apartment. Depending on how you catch the lights and traffic, it is about a 10-20 minute cab ride from the bar to his apartment. He is right around the corner from where she claimed to be dropped off which should take about a minute to get to on a scooter and just down the road from her dorm. This was confirmed by the accuser in her account of the scooter ride lasting less than two minutes.

Accuser's account of the scooter ride.
Accuser’s account of the scooter ride.

According to the report shown in the image above and again here, she was texting about answers to a “spa-2” test or quiz she had later that day.

Texting for test answers just hours after her encounter.
Texting for test answers just hours after her encounter.

This is inconsistent with the reaction a victim would have after being traumatized from a sexual assault and certainly would not coincide with someone who is so incapacitated from drugs and/or alcohol they can not remember what had just happened a couple of hours earlier or be able to fight off an offender.

TPD had been dispatched at 4:03am and she was texting about classwork by 4:41am. The Victims Advocate, Sara Groff, was not even notified until 4:24am and the Victim Advocate was not with the accuser and everything turned over to TPD until 5:06am. She continued texting about the class later at 5:42am and later.

Did the accuser have class with Winston?

By all accounts so far, yes she did and so far nobody has denied this. At the time of the encounter it seems a usual break in classes between semesters came soon after and they had a class together the following semester beginning in January.

Winston first identified and Ms. Carroll first identified as being accuser's aunt.
Winston first identified and Ms. Carroll first identified as being accuser’s aunt.

By all accounts from Marcus Jordan and the accuser, she could not identify him earlier because he continually tried hiding his identity both in his room, in the bathroom (even pushing her face to the side to prevent being seen), on the scooter ride and drop off, but now, over a month later, she suddenly recognized him in class. All of that is unrealistic, but that is the official story of the accuser.

Accuser claiming he pushed her face to the side to remain unseen.
Accuser claiming he pushed her face to the side to remain unseen while in the bathroom.

According to the Marcus Jordan taped interview linked above, by what he was told by the accuser, he would not allow the accuser to see his face and then took her to the bathroom and kept the lights out to prevent being identified. By Jenna Weisberg’s interview, the accuser did not know him and could not describe him other than having straight long hair and black. By the accuser’s account, it was just “some guy” on top of her and she did not know who he was.

Whether they had a class together or not and whether she remained in the class can only be confirmed by the the university which is tough to find out exactly, understandably due to student privacy laws.

However, by the letter from Winston’s civil attorney David Cornwell, after she claimed to have recognized him in class, she declined changing classes even after being offered by the university.

Accuser decided to share a class with Winston after the encounter.
Accuser decided to share a class with Winston after the encounter.

During this time we first saw the attorney of the accuser is her aunt. Of course a family member such as an aunt is going to have a certain bias toward their niece and take their word as is and defend them as best they can, however this clouded judgement may lead her attorney to not be able to see the forest through the trees or just ignore the facts regardless if she sees them.

Just to recap, nothing has shown the accuser had any drugs or alcohol in her system to the point she could not make coherent decisions, she was shown not to be hit over the head, all throughout this encounter and investigation she was texting and making phone calls, nowhere in the middle of any those texts did she ask for help, sound concerned about anything other than unimportant items, alert anyone to anything or ask them to call the police even though she was texting coherently, never did she text an indication of where she was because she was in trouble, then she decided to get on the same scooter as the one she claimed to have raped her, while still at the hospital being examined she is texting with others about class notes and finally even after she recognizes her accused rapist, rather than leaving the class, she chooses to remain in it knowing he can stay in that class for the entirety of the 4 month long semester. Also remember, at this point, Winston had yet to take a single snap on the football field or thrown the first baseball in a game for Florida State.

I’m willing to give the benefit of the doubt to any alleged victim, but there comes a point when it is just a bit over the top and you can begin to see it for what it is and the story of the accuser makes no sense on the surface or after diving into the details and I believe this is one of those cases. The story just falls apart all over the place. I have read the reports over and over and seems every time I do, I find another discrepancy.

Discrepancies in the stories:

In addition to the discrepancies with being hit in the head, alcohol and drug use, claims of when texts were sent, memory loss, bar vs party descriptions and possibly more that we have already detailed, let’s look at some others.

Stories from friends

From the start there were discrepancies between the accounts of her own witnesses with Jordan claiming she was dancing with a black male, but Kessler never mentions her dancing at all and only giving her number to a black male. They both claim the accuser for sure had personal interaction with a black male and danced with and possibly also gave him her phone number. Giving her phone number to Chris Casher was also confirmed by her attorney Patricia Carroll. That bit of discrepancy is a pretty critical detail for corroborating stories aligning with the story of the accuser.

Inaction by Darby and Casher

According to witness Jenna Weisberg, the accuser claimed someone came in during the encounter and told him to stop. In the FSU Student Conduct Hearing of Ronald Darby and Chris Casher where the accuser gave her testimony against them, Chris Casher was only charged with violating her privacy by trying to video the encounter, as he admitted, which violated her privacy as it holds in the Florida State Student Conduct Code. Neither him or Darby were ever charged with failing to protect her from the alleged sexual assault. Casher was placed on academic probation and missed the opening game of the season against Oklahoma State in Dallas, TX we believe in part because of this situation.

This seems highly contradictory to many other statements made about being raped which is what Winston’s attorney David Cornwell currently wants to know if it will be allowed or not as evidence at Winston’s upcoming student conduct hearing.

It seems highly unreasonable two other players on the team would be so detesting they would be witness to a rape and do nothing to physically stop it. For this, I have yet to see their character and integrity come under scrutiny in the media like we have with Winston, but that is an important part to the case in the eyes of most. If Winston was guilty of rape, then Darby and Casher are both just as guilty in my mind for allowing it and not stopping him. These are world class athletes. Casher is 6’4 and 250 pounds and is actually an expert at getting to quarterbacks and sacking them on the field. They would have had no issue stopping Winston if they felt he was doing something wrong.

So their inaction, not words, speaks volumes in the case.

Memory

The accuser can not remember the text asking her to go outside the bar or how it was deleted in her phone and could not remember any details about where the incident occurred, how she got there, who she was with or exactly what happened and each time the story was told, it seemed to change a bit. One report claimed she did not remember trying to call her friend Monique for one of the suspects friends although phone records showed she did attempt to make calls. She claimed in one report if her friend would have answered, she would have asked for help, although the first texts after the encounter was asking about her ID and never mentioned anything being wrong.

Some reports claimed she could not remember anything other than waking up there and then on a scooter leaving, even claiming the suspect did not make her do anything and she was just laying there incoherent. Other reports were in much more detail.

According to some reports, she took a shot at the bar and the next thing she knew she was waking up on the floor in his bedroom. In other accounts, she remembers being in the cab, but not with Casher although he was also in the cab at the time.

Other accounts she claimed upon arriving at the location, she went into his room where he removed her clothes. By some accounts she could remember telling him to stop and even trying to kick him. Also claimed she remembers being carried to the bathroom and even the suspect telling her they could lock the bathroom door, but does not remember dressing herself. She remembers the suspect telling her she could then go home and exactly what he was wearing and the colors of the clothing, but could not accurately describe him physically.

The accuser could at some point remember many things in detail such as how many were in the cab and the color of each man and where the suspect sat, the description of the other males, one male in the cab kept wanting her to call her friend (which records show she did), recalled the cab driver asking for her FSU ID to give them a student discount, she remembers one of the males telling her he had found his and not to worry about it, could recall traveling through campus and passing the Westcott Building, she remembers one of the males in the backseat paying for the ride, remembered the bill being cheap and whoever paid for it used a credit card because he had to sign for it. She could remember big gaps in the teeth of the one who she was talking to at the bar, but did not remember him in the cab with them (when he was). She could remember the color and patterns of the sheets where she was allegedly assaulted, the door not locking to the room, the door being open and what the roommate walking in looked like, could remember positions she was in, being carried to the bathroom and him telling her they could lock the door there, could remember the details of the actions taken in there, could remember what he said after, could remember the two scooters outside sitting on rocks and the color of each and that they sat on rocks, could recall being on the first floor and it had a breezeway, recalled how long she was on the scooter, recalled the the CVS she was near, what road she was on, where she told him she lived and what intersection she was dropped off at.

Her inconsistent stories, and yet incredible memory of details at times, leaves room for doubt about her initial reporting of not being able to remember much. With how vivid and detailed her memory was of so many things leading up to the event, it is not consistent with her lapse in memory in so many areas such as describing the suspect who she spent a cab ride with which she could remember in detail, time in an apartment with, an encounter with she could recall in detail and a scooter ride with she could recall in detail; neither is being drugged, drunk or hit in the head with how she was coherent at the bar just about a half an hour earlier and coherently texting with friends  possibly during and about 15 minutes after the encounter and and being completely lucid and coherent when officers arrived shortly after.

Initial Descriptions

In the first 911 call by Jenna Weisberg, when asked if she knew anything about the suspect, she claimed the accuser told her he had tall straight hair.

In the first incident report by Officer Fallis who spoke directly with the accuser, she claimed he was between 5’9″ and 5’11” about 240 pounds with short straight hair and a muscular build.

Suspect description in the report by Officer Fallis of TPD.
Suspect description in the report by Officer Fallis of TPD.

In the investigative report by Angulo, it is claimed the suspect is between 5’9″ and 5’11” with big muscles again, but this time with a “short afro” that looked like it needed to be cut.

Accuser describing the suspect.
Accuser describing the suspect reported by Investigator Angulo.

This was confirmed by Willie Meggs in his press conference of her describing the suspect as being around 5’9″ at the time. We now have long straight hair, short hair and a short afro as separate hair descriptions.

The obvious question is why so many different accounts of his hair all within a very short time after the encounter?

The next obvious question is, why such a completely inaccurate description of the accused? I believe we probably all know what he looks like. He is 6’4 and at the time around 220-225 pounds, has never had long straight hair and does not have big muscles. He certainly does not fit her original descriptions of someone shorter and much heavier with big muscles. He’s just not a shorter, thicker man.

This brings us to the question of how she can clearly recognize him over a month later when she sees him in class. She could never accurately identify or even describe him soon after it happened. She said even on the scooter ride he tried concealing himself and according to the testimony by her friend Marcus Jordan, she told him he kept trying to hide his face and keep the lights off. Still, she gave very inaccurate descriptions of him. Again, how can she suddenly recognize him clearly over a month later in class and what’s more, how could she remain in the class with him after what she accuses him of doing to her?

Shorts

There is some inconsistency with story on the shorts the accuser submitted as evidence which contained DNA. According to her friend Monique Kessler, she met with the accusers attorney shortly before interviewing with investigators.

Moniquie and the shorts 1
Kessler indicating she was too busy to interview at the time and waited until speaking to the accuser’s council.

A week after Ms. Kessler met with the attorney of the accuser, the attorney made the claim her client shared the clothes and the DNA could have been from an unrelated encounter Ms. Kessler previously had.

Carroll and the Shorts
Carroll’s account of the shorts and possible explanation for the additional DNA.

Below is the account of Ms. Kessler after being asked about sharing clothing.

Monique and the shorts
Ms. Kessler denying ever wearing any of the accusers clothes.

Here Ms. Kessler admits to speaking with the accuser recently who asked her the same question and had previously met with the accuser’s attorney the week before. It would seem reasonable for them to be on the same page with the attorney if they were going to make claims of sharing clothes, but they did not. Also raises questions as to why the attorney would seem to not be on the same page as her client and possibly even trying to conceal evidence. Either her client lied to her about a previous encounter with her boyfriend or the attorney knew that information and did not want it disclosed. By the time of her attorney, Ms. Carroll’s, press conference, she did admit to knowledge of the previous encounter with her boyfriend so it is still a mystery why she would try to conceal that information previously.

Timing

One of the biggest questions is why the accuser waited so long before pursuing anything involving the case. In the report, you will find the case had stalled due to waiting on her. It seems strange she would remain in the same class with the accused suspect and not pursue charges more aggressively.

During the 2013 football season, when Jameis Winston was in the middle of a National Championship season, is when the case came up again thanks to a leak to TMZ, allegedly by Matt Baker of the Tampa Bay Times who we have confirmed covered the accuser as a volleyball player at Zephyrhills High School during at least the 2011 season before enrolling at Florida State. This came about some 10 months or more after the incident.

Currently, Jameis Winston is facing a Student Conduct Hearing at Florida State for his actions that night to determine if he had as many as four violations of FSU’s Student Conduct Code, primarily involving sexual misconduct. If you recall, Casher and Darby faced a similar hearing prior to the start of the 2014 season where Casher was charged with violating the accusers right to privacy, but not charged with any other violation.

According FSU’s own rules on conducting a hearing to determine if violations have occurred, based on their own literature, charges must be done in a “timely manner.” This is now about 20 months after the incident that charges are being made. I am sure we can all agree nearly two years later is not timely at all.

Excerpt from FSU's Student Conduct Code.
Excerpt from FSU’s Student Conduct Code.

The only delay to a formal hearing would be to have it as soon as practicable following any legal investigations or criminal proceedings, however charges can still be filed even before those are finalized so there is really no excuse it has not been done already, especially since two of the three players involved have already concluded their hearings months ago.

Even if waiting until after all of the investigations late in the year of 2013 were completed and no charges were filed, that is still nearly a year later.

This begs the question as to why it was not pursued earlier, why wait until now and why FSU would allow such a delay? Well, the timing of everything in this entire case has been suspect from the time he was first identified, to each new action in 2013 when he took the lead in the Heisman race, when big games were approaching, Heisman ceremonies and now again during the 2014 season, all while the accuser’s team had claimed she just wanted to move on from it, but we will allow our readers to make their own conclusions about that.

As for FSU, it seems they are playing fast and loose with their own rules of the hearing by allowing it so late and not allowing jurisdiction or delegation of authority to take place as per the provisions of the code, but allowing an outside judge to come to hear the case, selected out of 3 judges and each side can eliminate one. That judge has now been determined to be retired Florida Supreme Court Chief Justice Major Harding.

Hearing Authority per the Provisions of the FSU Student Conduct Code.
Hearing Authority per the Provisions of the FSU Student Conduct Code.

We may get into the hearing details later as it approaches, but for now let’s get back on track.

She had another boyfriend?

Yes, according to her attorney Patricia Carroll and State Attorney Willie Meggs, she did not want to disclose having a boyfriend. Possibly why her attorney was adamant about claiming her friend had shared her shorts when she had not.

Her friend who was with her that night and knew her for about a year, in his taped interview he claims he had no idea she had a boyfriend.

During her medical examination after the event, she stated the suspect is the only one she has had sex with in the last 5 days which was later determined and admitted by the accuser to not to be true.

No other partners within 5 days according to her report.
No other partners within 5 days according to her report.

During evidence collection at this same time, they collected her pink shorts and a black lace item we will assume is her underwear.

Collecting her clothing for evidence per the report.
Collecting her clothing for evidence per the report.

The “pants” were later updated as pink shorts.

Identifying the pink shorts being swabbed.
Identifying the pink shorts being swabbed.

Winston’s DNA was found in her panties and not in her shorts.

Winston's DNA a match on the panties per the FDLE Lab Report.
Winston’s DNA a match on the panties per the FDLE Lab Report.

Her boyfriend Jamal Roberts’ DNA was found in her shorts, but not in her panties.

Roberts' DNA a match on the panties per the FDLE Lab Report.
Roberts’ DNA a match on the panties per the FDLE Lab Report.

These findings were confirmed by Willie Meggs in the second part of his press conference.

In her press conference, the accuser’s attorney Patricia Carroll claimed her client had not had sex with her boyfriend, Mr. Roberts, in “awhile” and he had been in Ohio. We know that to be false since we have the DNA evidence to prove it. Why the attorney would make such a claim is not known when her client had admitted it. However, according to her attorney, she wanted to keep her boyfriend’s name out of it, but did finally admit to having sex with him before the incident.

Admitting to the consensual sex accounting for the second DNA.
Admitting to the consensual sex accounting for the second DNA.

Between telling her attorney she wanted to keep his name out of it, not telling her friends at FSU about him, not telling the investigators or SANE nurses at the hospital about him and not telling State Attorney’s Office investigator originally about him and later who her boyfriend was, it makes you wonder why she is so adamant about nobody finding out she had a boyfriend.

Her boyfriend’s last game playing for Kent State in Ohio, came on November 30th according to the 2012 Kent State football schedule. That is a full week before the incident and did not have another game until January 6th, 2013, over a full month between games. That allowed him plenty of time for a visit back to his home state during that time.

This leads us to other possible issues with the press conference video from her attorney.

Calling him a “boyfriend” may be giving a little to much credit to his actual title and role. Her friends had never heard of him him and he never came forward to defend her at any point, with not doing much more than providing a DNA sample. What kind of boyfriend would try to shy away from the situation at a time like that rather than defend his girl if he believed she was raped?

Nobody knew about him, he went to Tallahassee and hooked up with an old high school friend, then left and did the minimum asked of him by investigators. It seems his status was a little overplayed as “boyfriend” when he was more likely just another casual hookup which would explain his actions, or, more accurately, lack of.

Patricia Carroll’s Press Conference

We have already discussed her claim of not having sex with her boyfriend in awhile and he had been in Ohio which DNA results seem to indicate as being false. We have discussed her wanting to keep her boyfriend’s name out of it for whatever reason. We have also already discussed the falsehood of her claiming to be hit on the head, blacked out drunk and drugged at the bar. What else is there other than her obvious lack of professionalism?

After watching the press conference with Ms. Carroll, in the first minute and elsewhere she continues to make the mistake of calling the Tallahassee hospital, Tallahassee Memorial Health Center, when it is Tallahassee Memorial Healthcare (TMH). Not that it is a huge deal, however in the reports I have linked above which include the TMH documents, they do mention what Ms. Carroll says was missing, so I am not sure what documents she is referring to as missing anything.

Ms. Carroll continually throughout the press conference accused Mr. Meggs of not doing enough in investigating and claimed he did not do a proper investigation of the blood work or pull phone records which we have shown to be false. The phone records do not help her case. She also claims near the hour mark that Winston had not been investigated which is also false. Winston never denied the encounter happened and claimed it was consensual. He did not deny providing DNA and it was confirmed to be his. He admitted to the encounter already so I am not sure what further investigating she would want to be done with him. Nothing is more conclusive than DNA and it would be one thing if he denied the incident, but he did not.

At one point in the video, around the 1:02:16 point she says her client alleges Winston raped her on December 12, 2012, when it actually happened 5 days earlier on the 7th. You would think the attorney of a rape accuser would know the exact date of the encounter.

Near the end of the video, she asks “who has ‘consextual’ sex bent over on a bathroom floor? That’s really not a hard concept to argue to a jury if you’re going to prosecute this case.”

I was watching this press conference with a room of three or four other people and all of our jaws dropped when we heard this stated. I am confident everyone reading this understands you can have consensual sex bent over just about anywhere and it certainly is not proof at all of rape. Given the fact the accuser admits his bedroom door did not lock and his roommate had already come into the room previously, moving to a more private space with a locking door seems to make sense.

Although Ms. Carroll’s account says she was bent over in the bathroom, according to Jason Newlin’s Report, she was never bent over at all and the suspect was always on top of her because she allegedly just laid there incoherently.

No accounts of being bent over anywhere.
No accounts of being bent over anywhere.

Finally, there are issues with her discussion of her client’s attraction to black football players. According to her friend Marcus Jordan, she was not the type to go home with anyone, however that night she danced with a black male and according to her other friend, Ms. Kessler who was there that night and her attorney Ms. Carroll, she gave her phone number to a football player.

The attorney would like us to believe it is just a coincidence she was dating Jamal Roberts of Kent State, a black football player who had been the quarterback at her high school Zephyrhills High School near Tampa, FL, previously and went home that night of December 7th with the black FSU quarterback. Ms. Carroll admits their relationship goes back to high school and stated just because they were both black QB’s does not mean she likes black QB’s. I’m not sure how long the list has to be for it to be obvious one may like a black QB, but she had a list of two within a very short period of time. Short enough for both of their DNA to be found in her clothing.

Her client certainly is not the angel she tries to paint her as, not that she is a bad person or unlike millions of other females her age.

I will spare you all of the inappropriate texts with foul language, offensive words about religion and others and just show some of the accuser’s tweets and texts leading up to the event just to get an idea of her personality, her feelings on high profile athletes and multicultural activity:

Going out

Sounds like a friend helped out with an illegal transaction there.

Texting with a friend about hot black guys.
Texting with a friend about hot black guys.

Behavior TweetBoys TweetDrunk TweetMisstress TweetZephyrhills TweetTravel TweetMansion TweetCleatchaser Tweet

Going out 2

Going out 3

Going out 4

EK Tweets 4

I will just let those speak for themselves.

And she apparently kept up with football based on some of her other tweets during football and baseball seasons:

Oregon TweetPitt Tweets_1

Tweet

EK Tweets 3

EK Tweets 5

We are ignoring, at this time, any rumors she knew who Winston was based on previous tweets since we have yet to be able to confirm them, but it would not be surprising based on her interest in football by what little we have already seen. We have a screenshot of a tweet from the accuser and to the same tweeter seen above made in 2013 simply stating “Our QB > Your QB” however it was not in the official report so we are not going to show the screenshot.

We are also ignoring any rumors from others of them previously hooking up multiple times and them having an altercation because the accuser was upset about his girlfriend coming to town which led to this entire situation. We are also ignoring any rumors her friend, roommate and/or sorority sister may have been an item with one of Winston’s top WR targets the next year since we can not confirm the rumor. We will also refrain from digging into any rumors or reputations on campus of the accuser’s sorority with cases like this and even tweets from sorority sisters about the incident and their reputation. We are just putting these out there to make readers aware those rumors have existed, but we have yet to be able to find any factual basis at this time since it has not been in any report.

Tallahassee is a small football town, was there a coverup?

Her attorney, as well as others in the national media have accused those in Tallahassee of a coverup in this case.

We can find no evidence at all of there being a coverup and this seems to be a desperate act of an attorney who is close with her client/niece and is just grasping for straws since all of the evidence goes against her claims.

First, at the time of the incident, he had yet to throw a single pass or pitch for FSU, so it is unlikely anyone working for law enforcement at any of the multiple departments and offices involved in this case, would have even known who he was.

Some who may not be familiar with Tallahassee and their operations, could easily assume it may be like other football towns where actions are often covered up, but this has not been the case in Tallahassee. This would have had to have been a coverup by an incredible number of individuals and departments both in and outside of Tallahassee. All the way from Senator Al Lawson who was seen in the Meggs’ video, all the way down to the first responding officers. A quick accounting of all those involved are multiple officers and investigators from FSUPD, TPD and FDLE, including Sergeants and Chiefs, multiple Sexual Assault Nurse Examiners at the hospital, Forensic Experts at the hospital and elsewhere and in labs, the State Attorney’s Office including State Attorney Willie Meggs and his investigators and even lab workers,g Bruce Goldberger and others at the University of Florida in Gainesville who examined the lab work and provided the results and many others in between. One of the greatest concerns by Patricia Carroll in her press conference was the handling of the the lab evidence, but that was done in Gainesville, where they certainly would not do any favors regarding a coverup in order to help an FSU football player, so I do not see how that would apply.

That is a very high number of individuals involved who would be involved in an extremely large conspiracy involving campus police, city police, members of the state, a federal department and the school who is Florida State’s biggest sports rival. Such a conspiracy to coverup this is up at so many levels is just not realistic.

Let us recall, Willie Meggs has a history with being criticized for overcharging black individuals and decided to pursue convicting former FSU football player Travis Johnson in a similar sexual-battery case. Johnson maintained his innocence during the entire investigation and claims to have even passed three polygraph tests and Meggs still decided to take the case to trial. After two days of testimony, an all-female jury found Johnson not guilty in less than 30 minutes.

Excerpt from the Sun-Sentinel.
Excerpt from the Sun-Sentinel.

Johnson took to Twitter to show his disdain for Willie Meggs because of how he handles cases like this during the Winston investigation and did not hid his feelings.

NFL and former FSU defensive star Travis Johnson letting his feelings known about Meggs.
NFL and former FSU defensive star Travis Johnson letting his feelings known about Meggs.

In a 2003 article from the Sun-Sentinel, Joe Schad compared Willie Meggs to his counterpart in Gainesville, Bill Cervone. At the very top of the article it is mentioned Meggs is known as being tough on FSU athletes while Cervone is labeled as being lenient on University of Florida athletes.

Joe Schad comparing the State Attorney's.
Joe Schad comparing the State Attorney’s.

You can read in the article comparing how both handle cases and how Cervone handled the case of the gambling athlete Teddy Dupay compared to how Meggs handled the gambling athlete for FSU, Adrian McPherson. Meggs filed charges against McPherson, but Cervone did not pursue charges against Dupay. You can look into other cases like the one with Travis Johnson, this one with Adrian McPherson, one with Darnell Dockett and others and begin to see how Meggs does not give special treatment to athletes, especially compared to the treatment given in Gainesville.

A very detailed account comparing Meggs to Cervone and their different philosophies regarding athletes.
A very detailed account comparing Meggs to Cervone and their different philosophies regarding athletes.
More on Meggs compared to Cervone.
More on Meggs compared to Cervone.

Willie Meggs has been criticized for being an FSU undergrad and law school graduate, so he must be bias. From all indications, that is not the case and seems to be overly tough on athletes.

Bill Cervone on the other hand, you never really hear about him being bias although the evidence shows he is incredibly lenient on athletes. Cervone has been a football season-ticket holder since 1977, is a season-ticket holder in basketball, a member of the Gainesville Quarterback Club and has been an adjunct law professor at UF Law School for about three decades, so is literally on the UF payroll. His office is covered in Gator merchandise and memorabilia. However, mention of his bias is never mentioned, even when week after week it seemed another arrest was being made on the football team during the Urban Meyer era.

Cervone's connection to UF.
Cervone’s connection to UF.

Let’s look at the most recent cases which are similar between the quarterbacks of both programs. We have seen how much scrutiny Winston has had for a year now and each action he takes off the field since this first came to light has been that much worse based on what seem to be false accusations. University of Florida quarterback Treon Harris was also recently accused of rape by a fellow athlete at UF.

Treon Harris employed the assistance of attorney Huntley Johnson who aids many Florida athletes especially football players, and although he was accused of rape, he was never suspended for a football game and the investigation was finalized very quickly because the accuser decided to not pursue charges and recant her previous statements. You can read into that however you would like, but obviously this would have still been fully investigated in Tallahassee as it was, even if she did not want to pursue charges just as Winston’s accuser did not after she first claimed to recognize him.

You can read the full report here. The recent texts between the accuser and Treon Harris, released by Gainesville.com, shows their text soon after the encounter:

Treon Harris texting with his rape accuser.
Treon Harris texting with his rape accuser. – Gainesville.com

Obviously does not sound like a happy female after a consensual encounter. Soon after being asked about this text by investigators, he asked for a lawyer. Since the accuser has since withdrawn her complaint, Harris will be starting for the Gators on November 1st against the University of Georgia.

If you recall, this is not the first UF football player to have an issue with a text. Chris Rainey was arrested for aggravated stalking after he text “time to die b***h” to a female. It was about the 30th Gator arrested at the time during Meyer’s tenure as head coach. In court, his victim claimed she was not afraid of him, but the repercussions of him being charged. Rainey was reinstated to the team and returned to the field.

Even when UF basketball players Cody Larson and Erik Murphy were arrested with a team manager in St. Augustine a few years ago, audio recordings of the incident showed the guilty parties all but admitting to preferential treatment in Gainesville stating, “There’s no getting off. We’re not in f****** Gainesville. They don’t give a f***. Do you understand?”

I won’t even get into the Aaron Hernandez coverup after shooting two individuals in a car which the media seemed to just gloss over.

It may seem like we are attacking FSU’s rival, but the point is, the two rival Florida schools should not be confused as they often are by fans outside of the state who do not follow sports closely but still make opinions and judgements in these types of cases. Their State Attorney has a very different philosophy on pursuing charges against athletes as he indicated both by his statements and more importantly by his actions. Even athletes in the town are caught on audio recordings discussing their special treatment.

So if a coverup was ever in one of these cases, the overwhelming odds are it would be at the Gainesville university location and not in Tallahassee, as we have shown. Meggs himself has come under scrutiny particularly because someone made him laugh during his press conference (although never any mention of Ms. Carroll laughing at hers unprovoked), however he has shown he is willing to charge athletes even when the evidence is in their favor.

Simply put, most reasonable minds would believe he got this one right after looking at the overwhelming evidence in Winston’s favor.

Why no analysis of the Darby and Casher interviews?

As you can see, there really is no need to. We purposely left out their accounts because people will automatically assume they are telling lies and just trying to support their teammate and thus less credible. So I only used the testimony and reports of the accuser, her friends, her attorney, the law enforcement officers, investigators, lab professionals, scientists and medical professionals involved. That is about it, so nobody could say too much weight was given to Casher and Darby’s statements and not the others because that is not the route taken here.

All of their statements however, completely support all the conclusions found here, that she was fully aware of what was going on, in fact they claim she did not resist anything at all and even insinuate she was the aggressor pursuing him, followed him into his bedroom, took action on her own, was her who was upset when the roommate came in because he was videoing the encounter which upset her and she is the one who wanted him to get out of the room so they did nothing to stop anyone from doing anything. Even the acts they witnessed are consistent with what was reported on all of her medical examinations.

Since their testimony really just reinforces what all the other evidence and facts already point to, there was no need to risk discrediting any of the post by trying to rely solely on their word, so we kept them out of it nearly entirely for that reason to be sure and be fair even though they were the only eyewitnesses there at the time of the encounter according to reports.

What motive would Winston have?

From what we have seen, none at all.

Even if you take away his reputation as an athlete, he is still a charming, intelligent, outgoing, handsome and well rounded individual who is tall, has a bursting smile, funny, loads of personality and always the life of the party.

Someone like that usually has no issue with the ladies and he certainly never has. With people flocking to someone like that, especially females, he could simply take his pick if he chose to.

It does not take a very long time searching through images of him to find tons of females trying to get their picture taken with him.

Winston with the ladies.
Winston with the ladies.
Winston with more girls.
Winston with more girls.

Obviously a man with his gifts would not need much help with the ladies and certainly would not need to force himself on one. He could have them lining up for him if he chose to. Some will say it is a psychological issue with someone like Winston who can get any girl he wants, but there is another aspect for why he chooses to force himself on someone. Sure everyone may have a secret sexual dark side, but from everything we have been able to discover to date, there is nothing to indicate this may be the case with Winston worse than any other average male and anyone accusing him of such a thing is just perpetuating baseless rumors.

.

What motive could the accuser have for making false claims as the evidence shows?

Assuming the accusations are indeed false as they seem to be, what motive would any accuser have in such a situation?

Unless you are in her head, there is no way to know for sure or if it is really even her who wants to continue pursuing the issue, but let’s look at some possibilities. Most of these are based on assumptions from the facts and not facts themselves since none have yet to be admitted or reported.

First, she is a young girl and we all know how young girls can be emotional, even have regrets, can act irrational and care about how others view them so that leaves any number of reasons.

Reputation

She had sent texts to her friends that night asking them to not tell anyone about the incident. One of her friends did not know she had a boyfriend at all. She was very adamant about keeping her boyfriend a secret from everyone and did not want her parents knowing about the incident. There has been nothing indicating her parents knew about her relationship with her boyfriend who had also been a black quarterback at her high school where they first began their relationship.

In addition to just having the reputation of being sexually promiscuous, there may have been a racial factor involved with not wanting anyone to know her attraction and actions towards black athletes. She was dropped off about halfway between her dorm and Winston’s apartment. Winston could have just pushed her out the door and not given her a ride anywhere and it was a relatively short walk to her dorm, ten minutes at the very most so I am sure Winston would not have minded taking his scooter the extra 10 seconds down the road all the way to the front door of her dorm. One can speculate it may have even been her who did not want to be seen near her dorm being brought home by a black man at that hour and decided herself just to be dropped off.

It’s not only the issue of the possibility anyone finding out about it, but there may have even in fact been a video recording of it as far as she knew by someone she did not know very well which could have hurt her reputation even more. To protect herself from all of this, particularly being exposed on video, the quick answer would be to cry rape.

Spite

Later that day after the encounter, Winston’s long time girlfriend was flying in to Tallahassee from Texas where she is a basketball player for Rice University. Winston had to pick her up from the local Tallahassee Regional Airport and it would seem the FSU quarterback would prefer to distance himself from the accuser as quickly as possible after their encounter to avoid any issues with his girlfriend.

Most girls would probably not like to be literally dropped off right after a sexual encounter when the person they were with was leaving them for their girlfriend. Maybe she could have even thought it was more than just a one nightstand (or even more if you believe the rumors) and Winston did not feel the same way. This could have been a way to get back at him or just an irrational act out of spite in an emotional moment.

Boyfriend

Assuming this encounter was consensual, she just cheated on her boyfriend who she had also just slept with prior to this encounter. Texting and talking on the phone that night not wanting anyone to tell her parents or talk about it, helps keep her boyfriend from finding out. The reasons for not wanting to be found out as a cheater are obvious, but there is also potentially the concern of her parents finding out about her boyfriend if you believe the rumors about her parents not already knowing about her interracial attraction.

Money

According to Winston’s civil attorney David Cornwell, the accuser’s attorney demanded $7 million dollars to settle the case and avoid having them continue going to the press with the incident as he claims they threatened. He stated they rejected the offer and Winston continue would defending his name.

Winston's civil attorney, Cornwell, claiming the accuser's team was seeking a large sum settlement.
Winston’s civil attorney, Cornwell, claiming the accuser’s team was seeking a large sum settlement.

After reviewing her tweets about the “dead beat losers” in Zephyrhills, wanting to “travel the world”, “can’t wait to live in a mansion” and posting @fsucleatchasers, it would seem reasonable she would not mind taking some money from this event as a quick payday.

Whether she intentionally sought out an athlete to do this to that night or something she decided soon after the encounter is unlikely, especially since she went so long without pursuing anything. Is it impossible? No, it is not impossible, especially at the time this story leaked out when Winston had become a football star.

More likely it is others around her pushing her to go after the money well after the fact.

Why was she not charged with false reporting?

This is a very good question as far as we are concerned. In the video of the press conference with Mr. Winston’s attorney, Mr. Jansen, around the 13:30 point, he did express he had talks with the family about this action.

In the Willie Meggs press conference (part 1), he makes the statement that “very little can be profited by disparaging the victim” and they had not considered pressing any charges against the accuser. Politically, it can look very bad charging someone in a rape investigation with false reporting. Unfortunately, right and wrong sometimes does not take priority over politics.

Personally, in cases like these, some feel there should be action taken against an accuser when there is overwhelming evidence it was a false report. There are too many of these cases every year where an innocent persons name and possibly their entire life is ruined because of a false accusation.

Some believe in order to protect everyone in the case, the names of everyone involved should not be released until the case is resolved, not just the accuser. This will help protect the name of the accused if it turns out they did nothing wrong, there would not be such a circus around the case and the accused would not already be convicted in the court of public opinion.

Since their reputations are severely affected by these accusations whether they are innocent or not, convicting the accuser of a false accusation can help clear the name of the accused when they are innocent. It will also help in preventing anyone in the future from attempting to make false reports while still protecting and giving more credibility to legitimate claims of assault.

It is a terrible tragedy when we see cases like the recent one with Brian Banks, who was a highly regarded football star falsely accused by classmate Wanetta Gibson. Banks was expelled from Polytechnic High School and sentenced to six years in prison, five years probation and register as a sex offender the rest of his life. The accuser sued the high school and won $1.5 million in a settlement.

After Gibson contacted Banks on Facebook, she met with him and admitted to fabricating the story. She denied she lied, but Banks was smart enough to record the conversation which led to his exoneration.

An emotional Brian Banks in court after having his name cleared.
An emotional Brian Banks in court after having his name cleared.

Had she not admitted she lied and Banks having recorded it, she would have gotten away with it, a fortune and his life would have been ruined further with no vindication.

These kinds of tragedies need to be avoided as much as possible, just as much as the tragedy of legitimate rape itself needs to be avoided.

Conclusion – Victory for Justice

From what we have discovered, by not charging Jameis Winston with a crime, was not a victory for Jameis, it was a victory for justice.

From every indication, a victory by the justice system based on facts and evidence should be celebrated in the case of Jameis Winston. Not allowing the court of public opinion to dictate the outcome of the investigation or case is another victory for the justice system in this instance.

If you still feel he is guilty of a crime in this case, some may invite you to explain why after you fully study the case in depth. From what we have seen, there is no indication of wrongdoing on Winston’s behalf other than cheating on his girlfriend, when we know nothing of their relationship at the time, the understanding they may have or anything.

How any rational individual can genuinely look at the facts and conclude there is any evidence at all Winston is guilty in this case, outside of just taking the word of the accuser at face value and making an irrational emotional conviction, is beyond comprehension of what a reasonable person should conclude. There is simply too much overwhelming evidence to the contrary.

To continue to portray him as a criminal, a man who lacks integrity and character or a man who has gotten away with anything in public or private, especially by media members who claim to be true journalists and reporters, is irresponsible (especially reporting), ignorant, lacking intelligent study and is nearly criminal in itself.

I would invite the media to show some character and integrity themselves and end their national witch hunt for Winston which has a baseless foundation of false accusations, acknowledge their misinforming of the public, their lack of accurate reporting and knowledge of the situation and report on him for who he really is based on truth and facts. I doubt this invitation will ever come to fruition since integrity is not a priority among most in the media in the current climate, but they would be well respected by many if they did, even if they are outcast by their peers and possibly employers.

Even though justice won this battle, it is a sad reality so many will not accept the facts, probably not even read this post and still view Winston as a rapist for whatever preposterous reason they may have, even if it is based in ignorance.

Advertisements

10 thoughts on “Jameis Winston – Chapter 3 – Sexual Assault Accusation

  1. The accuser should be charged with several violations of FSU’s code of student conduct. Her underage drinking at Potbelly’s is a violation, and her texting someone requesting test answers is another. That’s without the further violations of making a false accusation of rape and lying to police investigators.

    Like

  2. After reading report # 3 which provides a fact based analysis of the case I have come to the conclusion that Mr. Winston is NOT guilty of rape. Why Miss Kinsman made these allegations may never be known. However, monetary gain is certainly one of her motives. If I where Mr Winston I would sue Miss Kinsman in civil court. She should be publicly exposed for what she is, a liar. He should also sue the reporters and their employers for spreading these lies. Hopefully, Mr Winston will be able to put this sorry affair behind him and get on with his life.

    Like

    1. What is indisputable is that Winston and the accuser had sex. There are witnesses to this, DNA evidence, and Winston himself confirmed it.

      The issue is whether the sex was consensual or was not consensual.

      The accuser’s actions in the immediate aftermath of the incident are certainly consistent with her assault claim. She was alerting friends to the incident within minutes, and within hours was being examined in a hospital and interviewing with investigators. Her response was immediate and unambiguous. Clearly, she felt she had been assaulted.

      But what is really telling is Winston’s behavior: why was he attempting to cover his face and conceal his identity if the sex was consensual? Who does that during consensual sex? And why was he in such a hurry to rush her away? Both are highly suspicious and very consistent with the assault claim.

      As is often true, what really happened, and what can be proven beyond a reasonable doubt in a court of law are two very different things.

      Like

      1. She was contacting friends about her ID and test answers. Who knows why she decided to make the claims she did. Who knows why anyone who makes false claims take such actions. One theory is knowing she had been filmed and feared the worst from that. Once one little questionable mention was made to a friend who phoned the parents, it was all downhill from there regardless and no going back on it without looking bad and possibly snowballed. Others are along the lines of why others make false claims.

        Then there’s the fact she declined pursuing the case which made no sense if her accusations were true and still cheered for him and the team on social media after the encounter which also was very much a contradictory action.

        One thing that is for sure, is no matter the timing, it can’t be disputed her increasing number of lies, especially with alcohol and being drugged.

        There is no evidence he was trying to hide his face or that she didn’t know who he was at the time (even if not by name), other than her word which has been shown to have no credibility. So you can’t say he was hiding his face as a fact when it is far from it.

        Most would find it hard to believe he was capable of hiding his face at the bar (where they were seen dancing), in the cab, outside the cab, outside of the apartment, inside the apartment, during the encounter and on and around the scooter ride. That is pretty incredible to believe and again, with all the other lies she has told, such an incredible story is also extremely hard to believe.

        Everyone keeps making huge reaches trying to find any little reason to give credibility to her accusations while ignoring all the glaring issues from her very own testimony in the process.

        You can’t just assume everything she has said is factual, then inaccurately or with half truths speak of the actions she took afterwards and have that as the foundation of your argument.

        Liked by 1 person

  3. Totally agree! Astonishing the idiocy of people ignoring all the FACTS and EVIDENCE in this case, all of which supports Jameis. No doubt racism plays a huge part in it in my opinion. Hope Jameis plays well in the NFL while I also hope his name finally becomes clear of this bogus allegation.

    Like

  4. Lol hate flooding the boards, but while I found most of the accuser’s tweets in the case file (the Pitt and Clemson games ones), I was curious where y’all found the Our QB>Your QB tweet. Looks like a screenshot?

    Like

    1. It was a screenshot during the bye week between the Maryland & Clemson games in 2013. Her friend you see pictured & was a witness during the investigation was a Clemson fan. She also tweeted other comments about Clemson and retweeted Clemson Tom.

      http://topsy.com/trackback?url=http%3A%2F%2Ftwitter.com%2Fericaakinsmann%2Fstatus%2F249719558552821761

      http://topsy.com/trackback?url=http%3A%2F%2Ftwitter.com%2Fericaakinsmann%2Fstatus%2F391770495315505153

      Here’s another one a friend tweeted to her the day before the first game of the 2013 season. https://twitter.com/kaileenxoxo/status/374298210937737216

      Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s