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Winston’s attorney decries leak of DNA report

Jameis Winston AP

A report that surfaced early Thursday morning has prompted the attorney for Florida State quarterback Jameis Winston to go on the public offensive.

Maintaining his client’s innocence, Tim Jansen was highly critical of the leak that led to the results of a DNA test being made public by ESPN.com overnight, the Tallahassee Democrat reported.  The test, which compared a sample of DNA taken from the alleged victim’s underwear to a sample of Winston’s DNA the player voluntarily gave authorities a week ago in Tallahassee, showed that the odds the DNA came from someone other than Winston to be one in 2.2 trillion, ESPN.com reported.

“We are not surprised with the results of the DNA,” Jansen said according to the Democrat. “The only thing we are surprised by is it was leaked out by law enforcement.”

Jansen told reporters Thursday morning outside of the Leon County Courthouse that he has not seen the results of the DNA test.  According to Jansen, therefore, the leak could’ve only come from one of three law enforcement entities: the Tallahassee Police Department, which investigated the initial complaint of sexual assault last December and obtained the DNA swab from Winston last Thursday; the Florida Department of Law Enforcement, which conducted the DNA analysis; or the state’s attorney office, which was forwarded the complaint last week and opened its own investigation.

Jansen, though, intimated who he suspects is the source of the leak.

In ESPN.com‘s early-morning report, state’s attorney Willie Meggs, who is in charge of the current investigation into the complaint, was quoted by the author during an interview that took place Wednesday but prior to the release of the results by the website. “Meggs couldn’t immediately be reached for comment on the DNA report Wednesday night,” the website wrote.

“It’s not fair to Mr. Winston. His reputation has been tarnished. It’s been all over the airwaves,” Jansen said of the leak.

As expected, Jansen acknowledged a sexual encounter between his client and the alleged victim but said it was “absolutely” consensual.  Two eyewitnesses, one of whom Jansen stated also submitted a DNA example, would exonerate his client of any wrongdoing, the lawyer said.

The alleged victim is scheduled to meet with investigators Thursday, ESPN.com wrote in its report.

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29 Responses to “Winston’s attorney decries leak of DNA report”
  1. 8to80texansblog says: Nov 21, 2013 12:15 PM

    This whole situation has been F’d up by the entire Florida judicial system from top to bottom.

    But then again…. it’s Florida… what should we expect.

  2. mydixienormus says: Nov 21, 2013 12:15 PM

    Two eyewitnesses?????? They were watching?

  3. theuglitruth says: Nov 21, 2013 12:18 PM

    If it was “absolutely” consensual, then why cry foul, why call this a “leak”. Call it the truth, they had intimate contact. Calling it a “leak” makes it sound like it’s incriminating evidence that points to guilt of his client.

  4. bucrightoff says: Nov 21, 2013 12:22 PM

    No way, ESPN trying to make themselves a part of the story? That never happens!

  5. vikingapologist says: Nov 21, 2013 12:23 PM

    It’s a leAk for sure, I’m glad I’m the father of two boys , young girls putting themselves in these places all tooled up, mess waiting to happen either way!

  6. stoicpaisano says: Nov 21, 2013 12:36 PM

    Vikingapologist: Just because she was wearing a whore’s uniform does *not* make her a whore. Look but don’t touch still applies (though not necessarily in this case, that’s TBD).

  7. oldforester says: Nov 21, 2013 12:36 PM

    Don’t want to rush to judgement on these allegations as we’ve seen what happens in many of these cases, but one thing here is very troublesome.

    First, if true, and there was an alleged sexual encounter, why were there two eyewitnesses? That would certainly be a character issue on all of the participants parts, and difficult to explain how two eyewitnesses (according to Winston’s attorney) could exonerate his client because the act was “absolutely” consensual. Consensual with two people watching? This reminds me of the Steubenville, Ohio incident.

    Either way the allegation is looked at it isn’t pretty. Less seriously, the Heisman would be gone as the definition from the Heisman Trust says:

    “The Heisman Memorial Trophy annually recognizes the outstanding college football player whose performance best exhibits the pursuit of excellence with integrity.”

    If proven, there isn’t a lot of integrity coming out of this story.

  8. manik56 says: Nov 21, 2013 12:37 PM

    Jansen just does’t shut up. I would consider different counsel. This isn’t a public opinion battle.

  9. theuglitruth says: Nov 21, 2013 12:40 PM

    @vikingapologist If you are putting a good head on your boys…you have nothing to worry about! But, if your blaming women for “putting themselves into these places”…they will grow up with the same excuses of blaming women rather than owning their own actions. #truth

  10. becauseisaysothatswhy says: Nov 21, 2013 12:54 PM

    What’s odd is that Jameis & another male submitted DNA yet only confirmation of Jameis’ DNA was leaked. Rape or consensual did she have sex with more than one person? It seems like only specific items are being leaked to frame this in a certain light. Both sides might as well put everything out in the open since this is being tried VIA social media…If the other person’s DNA didn’t test positive then leak that to further weaken Jameis’ defense, if he did test positive and she did have multiple partners get that out in the open as well. Did she show bruises like she’d been held down, restrained etc…Let’s get all the details to the public so at least we have all the facts before we convict. Seems to me that if anyone is going to be the victim it’s Jameis Winston regardless of if he’s ever even charged.

  11. oldforester says: Nov 21, 2013 12:59 PM

    This is from TomahawkNation.com, link at bottom:

    There’s also the matter of Winston’s girlfriend, who for privacy reasons I won’t be identifying. They had been together (I use “had” because I am not sure if they are still together) since high school, and she lives out of town. But based on her tweets, she visited Winston from December 7th (tweeted about being on the flight to go see him) and remained in town through at least the 9th. She tweeted on the 9th about having a great weekend with Winston. The alleged incident happened less than 24 hours before her arrival.

    Depending on the facts of the case, this could cause a serious strain on a relationship, even when he is cleared, which could add another layer of stress for Winston, who is just 19 years old.

    We will continue to keep you updated on the situation.

    http://www.tomahawknation.com/2013/11/14/5102254/jameis-winston-tmz-story-thoughts-questions

  12. imaduffer says: Nov 21, 2013 1:05 PM

    The powers to be (NCAA) will have Ohio State ranked number 2 in the BCS standings come Sunday. Because you have to remember integrity and money is what it’s all about.

  13. realfootballfan says: Nov 21, 2013 1:06 PM

    The leak is being decried because selective information is being put out there. Also, for people wondering if his roommates were looking in on the sexual encounter, please don’t be so dense. The eyewitnesses would corroborate whether the two were leading up to a sexual encounter throughout the course of the night, any previous involvement between the two, whether the girl acted distressed afterward, the course of events that night, etc. Even now, the girl is refusing to press charges, and I am told this is the reason this thing never went anywhere criminally and still isn’t.

    Also, for those criticizing Jansen as the chosen counsel, he is the Florida state lawyer. If this thing got more serious, I’m sure Winston and his parents would secure his own attorney.

  14. Deb says: Nov 21, 2013 1:36 PM

    realfootballfan covered what I wanted to say. The issue isn’t whether the accused has anything to hide. Investigators shouldn’t be leaking selective information. Not only is it unfair to both accused and accuser, but it taints the potential jury pool should the case go that far. And witnesses aren’t necessarily witnesses to the act itself but to events of the evening.

    One of the sad things about this is that the accuser’s attorney said she had moved on and put this behind her. She didn’t ask for this to be re-investigated and certainly not for it to be made public. Whatever happened that night, it seems she’s being dragged into this against her will.

  15. cometkazie says: Nov 21, 2013 1:36 PM

    Who is paying Jansen?

  16. fatcamper says: Nov 21, 2013 1:48 PM

    I find the evidence pretty damning, but it shouldn’t have been leaked. The defense could just as easily leak the ID of the accuser and allow mudslinging by the public at her, but they refrained. Knowing that somebody’s life is going to come crumbling down there should be some semblance of respect by opposing counsel. As interested as we all are, facts should be held close to allow a fair trial.

  17. floridascuba1 says: Nov 21, 2013 2:18 PM

    believe this came from warchant. I pulled from another forum.

    Rumor from Tally is that JWs story has ALWAYS been it that it was consensual. That one of the affidavits is from the accuser’s roommate and the other is from another football player, both of whom were present (happened at HER apartment, not a bar, not a party, not JWs place). That both confirm that they had an ongoing relationship. That there are photos of the two of them together taken before AND after the initial allegation. That roommate claims she was pissed at JW for some reason that night and decided to claim rape. (perhaps because he told her his real GF was coming in town that day and to lay low). That she changed her mind after the call but before the cops got there but didn’t want to tell them she made it up. (thus the “unidentified” rapist…intentionally fabricated description) That when she later was pressed, she identified JW and was questioned about her inconsistent statements and evidence of a consensual relationship and realized she better drop it. That when the accuser met with Meggs on Tuesday, she reaffirmed that she did not want to press charges. That every bit of evidence collected points to consensual sex and there is no way charges will be brought. That TPD and SAO are only trying to figure out how to clear JW without exposing/humiliating the accuser.
    Also, that JW informed Jimbo about it in DECEMBER of last year after he heard of the call to the cops and told him EVERYTHING (thus JF’s continued faith in JW).
    Assuming any of this is correct (not that there is any proof of any of it) JW, JF and Jansens confidence is not surprising.
    Based on what we know now, if there are no charges by Friday, and if JW is suited up on Saturday, you can bet that there will not be any. And whoever is responsible for leaking this is certainly going to get “raked over the coals”.
    TIFWIW, but the sources are pretty close to the situation. Don’t go jumping off the cliff just yet.

  18. Mr. Wright 212 says: Nov 21, 2013 2:23 PM

    theuglitruth says: Nov 21, 2013 12:18 PM

    If it was “absolutely” consensual, then why cry foul, why call this a “leak”. Call it the truth, they had intimate contact. Calling it a “leak” makes it sound like it’s incriminating evidence that points to guilt of his client.
    ————

    Because everything becomes prejudicial, Mr. I Failed Civics in 9th grade.

    Although this actually benefits Winston, because no D.A. in his right mind or worth his weight would take such a public (which is beyond criminal in and of itself) and polluted case to trial, knowing that the leaks themselves — which didn’t come from his office, nor the TPD, so the people with the “conspiracy theories” still are not far off in thinking that someone else with an axe to grind was behind this — would greatly decrease his chances of trying the case to achieve a successful prosecution.

  19. barbeaux says: Nov 21, 2013 2:26 PM

    ^lol

  20. boomgrounder says: Nov 21, 2013 2:42 PM

    Maybe if Winston would have fessed up and admitted being the 5’9″-5’11” person that could not possibly have been him back in December he could have submitted a DNA test under completely different circumstances and the results would not have been “leaked”. Although, the results are, or will be public record eventually unless Mr. Winston reaches a Civil Settlement with the victim prior to being charged as an alleged perpetrator in a sexual battery case. Either way he can’t have it both ways. You can’t have your name and face on ESPN on a daily basis for having the privilege of being provided a full scholarship to attend school and play football at FSU. But have complete privacy in everything you do especially if it involves an alleged felony sexual assault. That is not how life works for anyone on the face of the earth. Maybe his Attorney missed that in the “school of life”!

  21. longborer69 says: Nov 21, 2013 2:45 PM

    One thing you can guarantee — he now wishes he never had sex with her.

    She can claim she wanted to stop, and he wouldn’t — and he can never prove it is a lie, whether it is or not. It’s a she-said he-said and always will be, unless one of them retracts.

    We tell these kids to go for it, it’s all in fun, etc, etc. It can have big consequences. Everybody laughs at the Victorians, but they had a point.

  22. realfootballfan says: Nov 21, 2013 3:10 PM

    floridascuba1,

    Outside of the rumors around town, sounds about what I’ve heard also from people close to this thing in Tallahassee, including that the girl has continued to stonewall.

  23. thraiderskin says: Nov 21, 2013 3:15 PM

    For the sake of appearance and public perception, Winston’s lawyer is right… whenever someone claims sexual assault/rape, it is the obligation of the treating hospital, to do a rape kit, but it doesn’t mean the hospital found signs of rape; its protocol. When u print a story saying Winston’s DNA matched what was found with the rape kit, how does that sound? This matter should be a wait and see issue, none of us are privy to more information, for better or worse.

  24. sdemp says: Nov 21, 2013 3:24 PM

    Kinda funny how nobody cares or is bashing Mr. Winston, but Manti Te’o was the worst human being in the world for what he did. Just like PED users are the worst people on earth.

    Just shows how pathetic “we” as a society have become.

    What a joke.

  25. Deb says: Nov 21, 2013 6:00 PM

    @sdemp …

    You’re mixing apples, oranges, and kumquats. No one should be bashing Winston because, in the eyes of the law, he is an innocent man and nothing has yet been put forward to say otherwise.

    Te’o was bashed because it appeared he’d invented a dying/dead girlfriend to gain attention and further his Heisman chances. Once the full facts came out, I apologized for my posts slamming the guy because it now seems he was a victim. But many still think he was involved since he hid the facts for so long.

    Players know PEDs are banned, so they know they’ll be damned for “cheating.” Personally, I feel a lot of those substances should be allowed as long as they don’t jeopardize the long-term health of the player. But they’re not allowed, and players shouldn’t whine when they get caught.

  26. normtide says: Nov 21, 2013 6:00 PM

    One thing is for sure, this case will play out. It’s not going away. One if the two made a terrible mistake. If she lied, Winston should want the truth out, and she deserves jail time. I also understand Mr. Winston wanting to protect himself. The female usually gets the benefit of the doubt, at least in public opinion.

    To my limited understanding if this case, it seems both sides arebeing secretive. That’s what’s weird. However, I refuse to pass judgment until more info comes out. The thing it’s, the less that does, the worse it looks for Winston. Now, he will be getting paid in the NFL, so he may not care what the public thinks. Myself, a clear name is important too.

  27. realfootballfan says: Nov 21, 2013 6:41 PM

    normtide,

    I think unfortunately you hit it on the head. I think this whole thing spiraled out of control, and these two have been the ones trying to keep it under wraps, not the adults. The young lady spoke to the prosecutor today and Winston has still not been arrested, which should tell you something. Winston has seen his infidelity on his girlfriend played out on a national scale, which anyone might argue is the least of his problems right now, but you know how kids that age are, the little things are the big things and vice versa.

  28. amosalanzostagg says: Nov 21, 2013 7:13 PM

    mydixienormus says: Nov 21, 2013 12:15 PM

    Two eyewitnesses?????? They were watching?

    Were Case McCoy and Jordan Hicks watching?

    RTR

  29. racistredskins says: Nov 21, 2013 8:38 PM

    Looks like he’s ready for the NFL.

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