SEC OPINIONS - Winston's DNA found on the victim...

WINSTON'S ATTORNEY CLAIMS CONSENSUAL SEX...

Victim to be interviewed today by authorities
Process could move quicker now
update below on the status of Winston Case

Tim Jensen

     It wasn't Jamis Winston who spoke up about what happened with the victim in his  ongoing legal problems. It was his lawyer. "I don't think it's a secret what the defense is when I tell you that we are not surprised his DNA was found," Tim Jensen said, according to USA Today. "We anticipated it would be found. We never, ever said he wasn't there." Janson also slammed the Tallahassee Police Department for leaking information about the results of evidence garnered from a "rape kit". The kit is designed to collect and protect evidence in sexual assault cases. In this case the DNA was found in the undergarments (according to sources) of the young woman who claimed she was raped. I'm not sure why a DNA sample would be found in such a location if such an event was consensual. That's an interesting point. Also interesting is the fact that Jansen said that two affidavits had been submitted to the Tallahassee Police Department by other individuals who claimed that sex acts between Winston and the victim were consensual. Hmm...? What the heck does that mean Were there spectators? The more of this sordid affair that is uncovered the more bizarre it seems. That is exactly what a defense attorney wants to do. He wants to bring doubt and even confusion among the public. Cause the general public to lose confidence in their police and prosecutors, and you might cause law enforcement to just drop the entire matter. That's good lawyering. It rarely leads to the truth however. Ask O.J. Simpson. The question in this case is whether the there will ever be an opportunity for the truth to be found. That's important to Jameis Winston as much as it is to the victim. Winston might find that the case will not lead to an arrest. He will forever be known as the man who got the law to look the other way in order for FSU to win a national championship. That's just the way people are these days. What is going on in Tallahassee reminds me of something George Orwell wrote in Animal Farm.  In that book, the Pigs ruled the barnyard.They would say that all animals were equal but pigs were more equal. In Tallahassee all people are equal. Football players are more equal so it seems.
    
        That's my cynical view. I suspect it is also the view of a lot Alabama fans. Seriously, the matter is a lot more serious than all that. Today the TallahasseePD has reported they will interview the complainant. Things could speed up quickly after that. Like many rape cases it often come down to a he said, she said situation. If Winston is innocent, his is an odd way to address his innocence. Winston has rolled the dice believing that public pressure and his football status will protect him. I'm not sure it will. A he said she said situation supported by eyewitness testimony, and other demonstrative evidence such as DNA is serious. If there are other witnesses that is also needs to see the light of day. This is exactly why we have trials, and guilt must be established beyond a reasonable doubt. It is not up to the police or public officials to decide what happened. If the victim is credible and the defendant is credible, guilt or innocence is a jury decision. It is not a police  decision, the schools decision, or the publics decision. It should be decided in the halls of justice under the rule of law. That's fair to both parties. Juries make mistakes. I've seen that happen. Must most often I believe that a jury gets it right.

        The problem that Winston and FSU has it that the only way to resolve that is a trial before a jury. Now, all the parties are backed into their respective corners. Winston's life is on the line. The young woman's life has been devastated. The real question is why would she make a rape report if it didn't happen? No demand for a civil settlement has been demanded. The Tallahassee Police Department tanked the case, tried to intimidate a victim, and leaked information to a national news source. Why would that be leaked. In my opinion it is because the Tallahassee PD has a tiger by the tail and can't let go. If reports are true that they tried to scare witness victim that's bad. If they closed a case file after intimidating a victim it is even worse. Clearly, the TPD is trying to justify moving forward on the case despite popular sentiment from the local populous. I'd bet most people would rather have a quarterback facing a felony play football than justice being served. All of this could have been avoidable if Winston and his lawdog had cooperated up front from the start.

       One thing is certain. FSU football program as some real problems.  FSU has to carry on business with a axe over the head of their football program. What if the two mentioned affiants are also football players?  Best case scenario is that they could shed some light on what happened. Worst case scenario is they would lie for a teammate. How would they know that consensual sex occurred? Were they watching Winston? Regardless, the chase for the national football championship has been tarnished for FSU.But it has also been tarnished for all football fans. The belief that the FSU may be playing a rapist at quarterback. That may not be fair. But I believe that everywhere but in the FSU nation it seems to be true. How horrible for the BCS. It's a no win situation for fans and teams. ESPN has done a great job in uncovering this story. Some of their commentators also prefer to say that FSU isn't any different from any team in the country. Meaning that any team could be without the QB. That analogy is a so misguided and untrue. I'd bet that the majority of schools would have already suspended their QB in a situation like this. Of course, most schools wouldn't have such a situation to face.


    ***   Espn updated their reports on the Jameis Winston case. The prosecuter has finished interviewing the victim in the case. Mr. Meggs says he is waiting on information from other people and doesn't expect to make a decision on whether to prosecute Winston until next Tuesday (11-26-2013). He hinted it may take longer.

      My take on this is that if a decision is made public on that date will be done to circumvent blowback. Most people will be involved in Thanksgiving holiday and family matters. In my 30+ years as a criminal defense attorney I have never seen a suspect afforded such leeway and scrutiny. If Jameis Winston was not a star football player he would have long since been arrested

     My collegues and I have been discussing what might occur. Most believe that Winston will be arrested soon. I'm not sure. Justice is Florida has been an iffy thing on high profile cases. If the case doesn't result in an arrest than means that the prosecuter will say that he believes the victim isn't credible. Given the evidence as it has been leaked to the publce there is certainly more than enough evidence to make an arrest. A jury would be the ultimate finder of facts regarding guilt or innoncence. It is a very slippery slope for any prosecuter to fail to allow this fact situtation to not go to a jury trial. That means the prosecutor has set himself up as judge and jury in the matter. That is what preliminary hearings are for. The real issue in this case is whether the prosecutor has the courage to have Winston arrested given his desire to continue to serve for the People of Florida.  In other words, he might find his own future hurt by having Winston arrested.