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.
       

SEC OPINIONS - FSU HAS SOME REAL PROBLEMS WITH WINSTON

FSU NEEDS TO ACT REGARDING WINSTON...

Is FSU's starting quarterback a rapist?  It's a question that needs to be addressed by FSU and the Florida State Attorney
Fisher needs to man up...
  

  

Some would call him a coward.

    It might be the biggest travesty in Florida judicial history if the State of Florida doesn't arrest Jameis Winston. It will be an even bigger travestry if the President of FSU allows this to continue.  My bet is both will not happen unless FSU happens to lose a game on the road to the national championship game. If FSU doesn't act then whatever reputation they have as an educational institution is gone.  Now, none of what I have said above means that Winston is a rapist. The victim says he is indeed a rapist. The victims family said that law enforcement in Florida tried to intimidate the victim and her family from following through with her case. Good for you whoever you are. Winston must be arrested because he has given the State's Attorney no choice. You have a very credible witness  who says he raped her. She identified him after the fact. She didn't really know who he was when the alledged crime occured. She learned who he was, recognized him, filed a complaint as is her right, and has cooperated completely. Winston on the the other hand will not cooperate with the State Attorney, instead he refuses to make any private or pubic statement regardng his part in what occured.  I support anyone's right to remain silent. That's not the same as being innocent however. Probably, as a general rule the opposite is true.

         FSU and the State of Florida value Winston's services as a quarterback and not the value of the victims life which has been torn apart. FSU and law enforcement officials, prosecutors, and others want to make sure that Winston plays for the Seminoles on the quest for a national championship. Do those people understand exactly what they are saying to the rest of the world. It's time for the NCAA to get involved in this as well. If a member institution will not make any attempt to determine why one of their student athletes refuses to cooperate with the law in a rape case, a moral imperative mandates intervention.

         The story here is that the attempt to keep the truth from being known is going to become larger than the national championship game itself. If Winston is innocent he should assert that innocence. He needs to make a public assertion of that innoncene. He doens't need to make it through his lawyer or spokesman. Jimbo Fisher needs to man up on all this. He needs to suspend his quarterback until he breaks his vow of silence.  Winston doesn't have to say a word if he chooses not. When he is arrested he doesn't have to say a word.  I can almost imagine the coming teardown that is coming Florida State and all these law enforcement people their way. You have a prosecutor who is a FSU graduate. Why doesn't the school and the State of Florida just shoot the victim to shut her up. In reality, that is what they are doing right now. I want everyone to imagine for a moment that FSU and the State knows that Winston is guilty and are exerting pressure on the victim to keep quiet and go quietly into the bad Florida night. Surely that isn't true. If so, that is a serious crime. It's not against the law to look the other way. If the State's Attorney does he will be disbarred.

     An accusation doesn't make anything true. A failure to cooperate and maintain your innocence is enough to put Winston on the bench. Anyone recall what happened when three Alabama players were accused of a much less serious felony. Let's assume they chose to just keep quiet. Saban would have suspended them anyway. Those players would have to go to the coach and convince the coach of their purity in the matter. Even if the coach believed them he would have still suspended them. FSU, Fisher, and Florida doesn't have the integrity to do that. That sick. The three F's are all trying to keep the lid on this thing in my opinion. You want to know what's wrong with this country? When educational institutions, coaches, and the law looks the other way you have the answer. That's as bad as a member of Congress having a felony reduced to a misdemeanor for possession of Cocaine. The man has the arrogance not to resign. That's whats going on in Florida right now. Misplaced values and arrogance in search of a football game. That's even sicker.

     I wish the NCAA would make it abundantly clear that if FSU plays a rapist at quarterback and had reason to know that, they would be stripped of any games he plays in now. If they win a national chammpionship the school would be stripped of the title. That seems fair. But the bottom line on this matter is this - Winston thinks someone will make the whole thing go away, he mght make some sort of public statement after a certain football game is played, or he may have a trial. Take your pick. I'm going with the first one. Who thinks that this 'investigation' will be cleared up in the next two months or so?

Important update:  the family of the victim disclosed today that a DNA sample of the perp was taken. The Tallahassee Police Department refused to take Winston's DNA citing a fear the test would tip of Winston. They then closed the case shortly thereafter (according to ESPN)

BAMA FIGHTS TO KEEP THE DREAM ALIVE TODAY...

  Bama is big favorite...

     LSU is not going to win the BCS National Championship this season. They could have huge say who does. Could there be anything greater than keeping 'Bama out of that game?  Tonight the Tigers will give it their best shot. That's nothing new for Alabama. Everyone gives the the Crimson Tide their best shot. LSU usually has the talent to actually have chance win. That won't change tonight. The Tigers could have the best offense in the SEC. They have a great running game featuring a tank named Jeremy Hill. His yards after contact is impressitve. His offensive line is talented. They can run block and protect Zach Mettenburger. When you have two wide receivers like Odell Beckham, Jr. and Jarvis Landry it is going to test your secondary to the max. Alabama's secondary has been through a lot, including the loss of Vinnie Sunseri.  

      There could be a good argument made for the LSU offense being the best in the SEC. Is that offense better Alabama's. Alabama has the most underrated and most consistent quarterback  in the NCAA in A.J. McCarron. Mettenberg has been pretty average in his last two games. His three interceptions against Ole Miss lead to a Rebel victory. Don't look for an Ole Miss repeat. Quarterback coach Cam Cameron is one of the best in NCAA or NFL. He'll have Metterburger ready. These are two great quarterbacks. I honestly can't remember the last game that could be considered poor with McCarron at the helm. I'd give the edge to Alabama in squeaker in a pick. It won't be a push. One of the signal callers is going to rise to the occasion. T.J. Yeldon is a great running back. He is not explosive but he hits the holes, follows his blocker better than anyone in the SEC. Kenyan Drake is nitrogycerin waiting  to explode. He is so fast and  quick it is just amazing. One is steady and the other is instant offense. The Tide also had Jalston Fowler for short yardage situation. The pick which team has the best running backs is tough. I'd call this one even, but Drake might give upset that pick in a heartbeat. The quarterbacks are no better than the offensive line.

   The Crimson Tide's offensive line has made tremendous progress since game one. Are they as good as last year's rendition? No, but they are that  far away either. Brothers Cyrus and Arie Kouandjio down the left side of the line. They have given Alabama some explosive plays with their ability to get to the second level to continue blocking. Ryan Kelly who has injured has returned. That move seems to have solidified a good situation. Chad Lindsey, the backup center who filled in for Kelly did a great job. Bama can count on him. The to right side of the center is Anthony Steen who is the pure guard in the SEC. His senior leadership has been invaluable. Right tackle Austin Sheppard and Steen have been the two lineman who have opened up holes for the backs. Tight end Brian Vogler has been more than adequete particularly with his blocking. Backup O.J. Howard has been the tight end who has shown more promise than any offensive lineman the Tide signed. He is a great receiver who has shown he can catch big play passes. LSU's offensive line has been impressive as well. They have opened up opportunities for Hill and Alfred Blue. Good backs make offensive lines look  good at times and LSU's line has done that. The Tigers have given up 2.5 sacks a game. Alabama gives up 1.5. Keep in mind the that both of these teams like to run as much as pass. Let's up it this way - A.J. McCarron rarely sees the blue sky or the dark of night while throwing the ball.

 

The Defenses are good...

 

  A lot ot people say the difference between LSU and Alabama is on the defensive side of the ball. That might true. That doesn't mean that LSU has a bad defense. What LSU has is a lack of experience. The players are great. The time they have played is the difference. Everyone talks about the number starters LSU lost to the NFL. Great players went to the NFL. Potentiall great players remain.  The key difference in the game is C.J. Mosley. He might be the best player who has played for Nick Saban at Alabama. Ha-Ha Clinton Dix is an All-American. The loss of Sunseri cost Alabama their quarterback in the secondary. The Tide has been weak  at seconday according to many. Dion Blue is not weak. the other side seems to change weekly. I thought that Eddie Jackson seperated himself from the pack. Bradley Sylve is listed  first on the dept chart this week. His ankle injury has slowed him down. The Tide corners are not bad corners. They are just small. Odell Beckham, Jr. and Jarvis Landry are going to catch some passes tonight. The are great players. They may be the best pair of receivers in the nation. But LSU has to deal with Amari Cooper who seems almost 100%. DeAndrew White is very good. Kevin Norwood has been the Tiger killer since he has played at Bama.I'd expect A.J. McCarron to find #83.. often. He'll look for him even ore on big plays. Kenny Bell is a rocket. He is Alabama's long ball threat with Cooper nicked up. This game is going to showcase the best pass  catchers in the SEC. You know who Mettenburger is going throw the ball to on passing downs. You have no idea who is going to get the ball when Alabama passes.  Alabama will put in some special looks for LSU in the secondary. I don't see how a coach can do that against Alabama. Almost everyone gives the edge to LSU. I think it's very, very close.

 

      C.J. Mosely has taken over the leadershp roll for the defense. He set down his quiet ways and has become a verbal leader. I don't think LSU has the type  of leadership that 'Bama..

 

The streak, special teams, etc...

 

   All fans know that the road team wins this game often. Why? I have no idea. Perhaps the home team thinks that playing at home gives them the win if they just show up. Perhaps it is extra pressure playing in front of so many loyal fans. I personally think it is just the personel for that particulary game. I'm not very supertitious, except for my lucky tee shirt, of course. Advantage of location goes to Bama.

 

 

    Alabama has better special teams period. Foster has been steady. The other team rarely gets much on kickoff and punt returns. Keep  in mind that Bama has not played a team with this much all around talent this season LSU has the horses. Under no circumstance should Bama forget that. One player said the coaches have reminded the team of that week.

Bama 38 - LSU 28
 

 

      

 

 

               

SABAN TO TEXAS?

MEDIA HAS NO SHAME...

OR DO FANS HAVE NO SENSE?

 

   

   Nick Saban is going to Texas?  Right, and I'm going to crowned the King of England this weekend. Try to make it if you can, the Queen is serving free Guinness and single malt to commemorate the event. Jimmy Sexton leaking "information" about his client?  If Nick Saban wins a third national championship at Alabama this season we should just give him the keys to the Federal Reserve Bank and a huge shopping basket and give him a day to fill and refill it with hundred dollar bills. Nick Saban is not going to Texas and push Mack Brown out of a job. Nick Saban is not going to Texas even if grand old man of Longhorn football retires or is fired. No disrespect to all my Texas buddies but why trade in a Maserati for a VW rabbit? If Nick Saban actually has 'special problems' at Alabama what would he have at Texas. He'd have the he same problems with people who actually have real money. Not YellowFellow money but money that can buy your entire state and have lots left over. About the only problems I've seen Coach Nick have is drunk female fans at the Tuscaloosa. The only special problem Nick will have if he wins that third national championship is what does he do with all that new money and where does he take the program next season?

 

   

Sexton casts a considerable shadow in the NCAA

   Sexton is just out there making money for his client and himself. Write this down - if Coach wins number three he'll be the first college coach to earn over 10 million dollars a year - ever year for he next decade or until Lake Burton siren song calls him home. I'm rolling around on the floor laughing at national media people who try to sell this story. The only person happier than these media clowns is Les Miles. Miles reportedly has a contract that requires him to be the highest paid coach in the NCAA. If that happens then Miles may not be the best coach in the NCAA but he might be the smartest in contract negotiations.

 

     It never fails that these stories appear the week of a huge game. As Captain Picard  on Startrek might say, "make it so number one". And Jimmy Sexton goes out to spreads the Gospel of disinformation. Let me say that he does it as well as anyone can. Give credit to Saban to making sure the focus remains on the field and not on HDTV. I think the process has a lot more facets than on the football field. I think that Coach and Sexton have a process making money. Lots and lots of money. Nothing wrong with that. Nick Saban is the best financial investment the Capstone has made in a long time. He is grossly underpaid. He's worth ten times what's on the check he gets every week.  I can't imagine the amount of sef induced pressue Saban causes. My best hunch is none at all. He may feel more pressure during a television interview at halftime than he does inflicting the process on the rest of the football world. Saban is the Einstein of football. He is a freak of nature. He does exactly what my golf coach tells me to do. Think about the next shot. Learn from the last shot but you can't change that one about the last one you hit.  He's happy when his players argue about what play to call when a game is well in hand. Why? He said it told him the players are still in the game thinkng about what comes next and not what has already happened.

 

     I hope no Alabama fans think he is leaving. After all that's not the next game. That violates the process. Roll Tide.

 

   

LSU week can be the next step or the final chapter for 'Bama

Big Week for the Crimson Tide...

LSU offers the defense some real problems...

       

Odell Beckham is a great receiver

       I think two things are pretty straight forward and obvious for the Tide this week.  Has Alabama found some answers at the defensive corners, and can the Tide's never ending rotation of corners stop the best pair of wide outs in the SEC?  If the answer is yes to each of those questions the Tide may post a convincing win over LSU. If not, we have a dog fight. Alabama will have to outscore the Les Miles and his well balanced offense. But Beckham is the catalyst that drives the wideouts at LSU. He has no weaknesses. He is fearless, he has a pair of hands that the great Houdini would appreciate. Along with cohort, Jarvis Landry, the pair is probably the best duo in the SEC and perhaps the nation. They have it all to strike fear in the hearts of defenses. Alabama is not an exception...   

LSU has a balanced offensive attack...            

Hill is a downhill runner...

Zach Mettenberger has become on the best quarterbacks in the SEC thanks to gifted receivers and a punishing running game. Jeremy Hill is one of the better running backs in the SEC and can run, over, and through defenders. Like A.J.McCarron, Mettenberger, finds a lot of wide open receivers because of the punishing runners. For once this is a game that might be decided by the offenses who would need to score a lot of points. If Alabama can find a great scheme against a talented LSU offense I'll feel better about an 11 point spread. That's the biggest line I can remember in a long time. It seems to me that if Alabama can get some unexpected good play from the cornerbacks the Tide should win this game. Nothing is ever easy against LSU. I don't expect this weekend to be any different. The Tide should win. Should is not the same as will. 

Coach Saban video Overtime on 60 minutes...

     

Auburn leads nation in fake injuries and terrible acting...

Auburn perfects the fake fall...  

35-17 win marred by obvious cheating... 

The next Brian Bosworth?

     Anthony Swain, Auburn linebacker,  may be a good football player. Hollywood won't be calling him for any acting jobs, however. I wonder what, if anything, the SEC will do to Swain and Auburn for such lack of sportsmanship? Probably nothing. Nothing like a little good old fashioned Aubie cheating when the collar gets tight. How typical. What kills me about the poor thespian performance was that it meant nothing toward the outcome of the game. I thought having the entire AU medical staff rush to his aid was a little over the top. The riding on the exercise bicycle was just funny and so Auburn.  Auburn could beat Arkansas with their hands tied behind their backs. Why do such a classless act? Oh yeah, I forgot who did it. Remember this is under the guidance of the same man who said the SEC should investigate the 'fake' injuries which slow down his offense. Let's just call that little act what it really was - it was cheating, and is a direct reflection of the character of the man who teaches them it is okay. That would be Gus Malzhan. I feel the same way about players who flop and fake charges in hoops. Win games based on talent and hard work. Skip the cheating. I also think the speedball offense is right on the border of cheating as well. If you aren't man enough to line up and play the game the way it was intended to be played just quit playing. We now live in a society where expediency is rewarded regardless of fairness. Just because you start a trend that many follow does not equate with being honest. It is like shooting someone in the back.

       Here's what I'd do. Throw the player and the coach out of the game for that game and the next.  Sure, the refs can't be sure about every injury. But one so outrageous deserves a penalty of some significance. Gus, don't tell me about building a young man's character. Look at the mirror and start with yourself like most of us ultimately have to do. What is so funny is that AU was so embarrassed about the act they kept the kid out of the remainder of the game. Actually such actions are not the least bit funny. But this is big time, big money, college football.

Bama has had a remarkable run in the SEC lately

BAMA HAS BEEN A DOMINANT FORCE IN SEC...

Tide has won more than 30 SEC games in three years

    Quick question - tell me the names of the schools with the most SEC wins in the last three seasons?  Kentucky is on the list which is a no brainer. Florida has to come to mind. So who is third?  Alabama holds down that spot. Each of these schools have won more than 30+ SEC conference wins. Which of these teams didn't get enough invitations into the NCAA during that run?  Only Alabama. That tells me a couple of things. First, that Grant has done a good job, better than 11 other schools in the conference, and second, the NCAA has the worst selection committee in the world. At least prior to the inclusion on C. Rice in the new football selection group. Those wins ought to tell a lot of Alabama fans they need to recognize the job that Grant has done. Perhaps a few anti-Grant fans ought to do their homework. Factor in injuries and dismissals his coaching has been tremendous. Only real fans understand that fact. All you Grant haters can post your comments now. Bill Battle is not going to terminate Grant.

Tide fans wait for word on William Lee...

Taylor can finish plays inside

   I'm really anxious about the decision of William Lee. Lee is 6-9 and is a top power forward prospect. He is physical and can run like a deer. He is exactly what Anthony Grant needs in an offense. The same can be said for Jimmie Taylor, who by all reports, and my personal observations is having a great fall camp. Taylor is a one man wrecking crew on defense. He may be a little rough around the edges but he'll be more than rough on anyone who takes the rock inside against the Tide. It almost makes you smile thinking about Taylor, Lee, and Michael Kessons in the lineup. Don't forget that Engstrom has another year of eligibility and my bet is he'll hang around one more year to enhance his chances to play overseas for a check.

     A commitment from Lee will be a big event for the Tide. It might move Bama into the top five (or better) in national recruiting rankings. Lee has a lot of upside with this athletic skill and size. I think he will eventually sign with the Tide but the decision lingers. Last week I was pretty much assured he would ink with the Tide. Other schools continually tell Lee that Grant is gone if the Tide doesn't make the NCAA this year. Negative posters please post right now. Don't think for a minute that hoops prospects don't get copies of posts from those who hate Grant. Schools give them to kids and tell them that Alabama fans even think he is gone. I'll have a few more posts before the game in Dallas. Hope to see you there in person.

How good will 'Bama be this season?  Check with me when Levi Randolph is full speed. He's walking without a brace but isn't practicing yet...