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Lawyer on Jameis Winston: Alleged victim did not consent

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The family of a woman claiming to have been sexually assaulted by Florida State quarterback Jameis Winston released a second statement Friday night as the state attorney’s office takes time to determine whether or not to bring charges on the Heisman Trophy favorite.

“To be clear, the victim did not consent,” a statement by a lawyer representing the accuser’s family said, according to an report. “This was a rape.”

As previously reported, Winston’s DNA was linked to a sample provided by a woman claiming to have been sexually violated last December. The odds made it a near certainty Winston and the woman did have some sort of sexual interaction, although whether there was consent could not be proven by the DNA test alone. Tim Jansen, an attorney representing Winston claims there was consent, but the attorney representing the alleged victim, Patricia Carroll, is taking the opposite stance.

“Jansen stated that the DNA leak damaged his client’s reputation,” Carroll wrote. “Why would a consensual encounter damage his client’s reputation? However, a rape would certainly damage his client’s reputation. The ‘consent defense’ is too little too late and is clearly reactive damage control by Jansen after learning the DNA matched his client.”

Carroll also questions the procedures and methods of Tallahassee police responding to the alleged sexual crime. She is not alone given some of the information about this story continuing to come to public knowledge.

As it stands right now, Winston has not been charged with any crime. His status with Florida State’s football program remains unchanged. Florida State plays Idaho at home Saturday and is inching closer to a spot in the BCS Championship Game. As long as Winston remains eligible, the Seminoles have a very good shot to reach Pasadena to compete for a BCS championship.

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70 Responses to “Lawyer on Jameis Winston: Alleged victim did not consent”
  1. webbiam says: Nov 22, 2013 10:24 PM

    Call me crazy, but the alleged victims lawyer seems to be doing a lot of posturing through the media (TMZ and ESPN) whereas JW’s lawyer is letting the proceedings play out behind closed doors as they’re supposed to.

    I’m no expert and I’ve been trying to hold tight until the decision is made and the facts come out, but one side is acting extremely insecure and the other side seems supremely confident.

  2. pastabelly says: Nov 22, 2013 10:31 PM

    Change the headline. The defense lawyer would never say that.

  3. js20011041 says: Nov 22, 2013 10:40 PM

    Is this bitch really this dense? Of course leaking the DNA results would be negative for Winston, regardless of the fact that his defense is that consensual sex occurred. This is because most people are literally too stupid to understand that a DNA match in this case isn’t indicative of guilt.

    Also, and maybe I’m wrong here and I missed this, but I think her assertion that Winston’s attorney changed his story is a complete fabrication. As far as I know, he didn’t say anything one way or another until questioned about the DNA match. Willing to lie about one thing, what else is she willing to lie about?

  4. classyjacklambert says: Nov 22, 2013 10:43 PM

    It seems like they are gearing up for a civil suit.

  5. justsayin53 says: Nov 22, 2013 10:50 PM

    @ Webbiam , you are obviously a bias fan of JW and FSU. Just my personal opinion , but if Jansen were my lawyer I would fire him and hire a real lawyer. One that would keep his mouth shut until the facts come out.

  6. b0geyman says: Nov 22, 2013 10:54 PM

    “As long as Winston remains eligible, the Seminoles have a very good shot to reach Pasadena to compete for a BCS championship”

    Not if the coaches and writers in the polls do the right thing and leave Forced Sex U. off of their ballots.

  7. jimbo75025 says: Nov 22, 2013 10:56 PM

    While I would not be shocked at either direction this case takes, I do believe it would behoove Jimbo to give the backup some considerable work against Idaho. Just in case.

  8. jimbo75025 says: Nov 22, 2013 11:02 PM

    b0geyman says: Nov 22, 2013 10:54 PM

    Not if the coaches and writers in the polls do the right thing and leave Forced Sex U. off of their ballots.
    Because there is a he said/she said situation that there has not yet been a decision whether to charge Winston or not. Child please.

    This is going to end up in a civil suit one way or another no matter if charges are actually placed or not. If Winston is not charged, he should very well file a civil suit as well. Lets not forget the situation with the USC signee. As I said earlier, I am undecided on this case, but the timing here is very suspicious.

  9. boomgrounder says: Nov 22, 2013 11:06 PM

    The woman reported 2 hours after the sexual encounter that she had been raped and the TPD did everything in their power to talk her out of pressing charges including spreading rumors that she was drunk at the time of the assault that has been proven wrong. These rumors were verified via emails seen from the City Manager to the TPD. So the TPD and the City Manager were aware of a reported rape and that Winston was accused but the State Attorney was not. Can you say cover up! This woman is probably being offered millions not to press charges by FSU boosters!

  10. Anoesis says: Nov 22, 2013 11:35 PM

    That fourth paragraph says it all.

  11. becauseisaysothatswhy says: Nov 23, 2013 12:04 AM

    A picture says a thousand words…

  12. becauseisaysothatswhy says: Nov 23, 2013 12:07 AM


    The sworn witness affidavits from February 2013 may back up the claims made by Winston’s attorney. That they never denied consensual intercourse…here’s a picture of the victim & alleged rapist together:

    Try not to rush to judgement

  13. sanduskyshowerspecial says: Nov 23, 2013 12:07 AM

    This reeks of desperation. She knows no charges are going to be filed and they have lost all credibility. Cue the filing a false police report charges. You heard it here first folks.

  14. floridascuba1 says: Nov 23, 2013 12:22 AM

    This is not an espn report. It was on TMZ first. When I saw it on other sites, I went looking for it. Low and behold it was on TMZ.

  15. becauseisaysothatswhy says: Nov 23, 2013 12:43 AM

    and the hits keep coming #FSUcleatchasers:

  16. floridascuba1 says: Nov 23, 2013 12:45 AM

    Not sure if this is really Travis Johnson or not.

  17. becauseisaysothatswhy says: Nov 23, 2013 12:48 AM

    when it rains it pours:

  18. realfootballfan says: Nov 23, 2013 12:59 AM

    Lawyer still speaking for the alleged victim in Tampa to one of the most uncredible outlets in the country. Like I’ve said from what I know, someone close to this young lady (overbearing parents or other) have been driving this thing from afar while the young lady who actually was involved has remained a riddle to the attorneys, police, etc. The aggressive, unprofessional statements from a lawyer who represents the girl’s family, (again I reiterate this because she never hired one) sounds more like a defense attorney before a trial and not just someone speaking from a professional standpoint, which all is pointing to a civil lawsuit of the city of Tallahassee, damn if we drag both of these young people through the mud along the way. Better keep shooting those points off before the rest of the stories come out about the girl being in regular contact with Winston since this incident, along with text messages and other correspondence.

  19. realfootballfan says: Nov 23, 2013 1:21 AM

    Her attorney is her Aunt’s girlfriend who is a Big Florida Gators booster, as is the writer that broke the story. He used to cover her when she played volleyball in Tampa.

    I wish they could throw the book at these two, not the girl. Although I think she made a mistake, I do think she tried to rectify things by breaking off contact with the police before they started pushing this story. These two buffoons have ruined this young man’s reputation all based on innuendo from their end half a state away, not knowing what is really going on with this young lady and her college life, which I don’t have to tell anyone is often very different from what it was back home.

  20. floridascuba1 says: Nov 23, 2013 1:27 AM

    Here is my conspiracy theory. They have to play it out because if its dismissed, it fuels the cover up rumor. If they flash the pic’s all over internet, real victims won’t come forward. So even though they know she is lying, they have to let it run its course. That’s why he hasn’t been charged. And instead of doing a smear campaign, JW is taking the high road.

    Again, this is my opinion.

  21. realfootballfan says: Nov 23, 2013 1:34 AM


    I agree. The victim hasn’t been attacked at all throughout this process, which is usually how these things go for defendants. The lawyer for Winston has simply reacted to what has come to the media through leaks, whereas the family attorney is yapping away constantly. I think this whole thing came from those two down in Tampa and the girl didn’t want any parts of it. Probably shook her world upside down out of the blue when she just wanted the mistake she made of filing this report go away, thus why she hasn’t been cooperating.

  22. webbiam says: Nov 23, 2013 4:26 AM

    @justsayin53 To each his own, but I feel that Jansen is keeping his mouth shut except for one statement in response to the DNA leak. I would heed your advice but vice versa.

    I guess in a week or so, we will all know for sure but at this juncture that’s my opinion and I of course respect yours. We’re all in the dark at this point so that’s all we have – opinions.

  23. boomgrounder says: Nov 23, 2013 5:45 AM

    Everybody seems to assume that it was consensual sex because they had a previous and post complaint relationship. She filed the complaint within 2 hours after the alleged assault claiming sexual assault and ready to press charges. She claimed it was a date rape type incident. Since the night this alleged assault occurred the victim has stuck by her story that she told Winston she did not want to have sex with him. Many men who abuse women sexually, physically, or emotionally are master manipulators and manage to manipulate their way back into the lives of their victims to silence them. It’s not unusual for a person in a relationship who has sexually abused someone to then make amends in their relationship as if nothing has occurred. It’s a typical pattern for an abuser.
    Winston was known to have had multiple relationships going on simultaneously with multiple women. The States Attorney is currently gathering evidence from other women in these other relationships to determine if their was a pattern of abuse. This probably will take at least a few more weeks as more women are coming to the surface. Some of them are out of state and with the Thanksgiving holiday it will be difficult to interview all of them.

  24. stopthemadness101 says: Nov 23, 2013 8:15 AM

    Despite the leaks, mudslinging and crude attempts by her money grubbing attorney it is beginning to sound like the self admitted cleatchase is full of crap. Rumors began circulating lat night by people with inside knowledge that charge will NOT be filed. I hope they sue the hell out of her for libel. Then all you haters can go to hell.

  25. chachooga says: Nov 23, 2013 8:24 AM

    I haven’t followed all articles and this one is more about the accuser’s position, but I have a question on the entire saga.

    Should State Attorney Meggs name always be preceded by cynical adjectives in all news reports?

    Any FSU fan would point out the precedence where this same attorney brought charges against an FSU player 10 years ago that had zero grounds and resulted in an all female jury unanimously acquitting the player.

    But the players life was permanently tarnished though he was innocent.

    Of all characters in this spotlight saga, Meggs is the ONLY one previously involved in something similar.

    My point? That this history should be mentioned frequently. Maybe someone less prone to media interviews and leaks should be in charge…for the sake of all parties.

    My point has nothing to do with guilt or innocence….just the saga. I am entirely supportive of investigating sexual assault charges regardless of who is involved.

  26. sportsguy3434 says: Nov 23, 2013 8:42 AM

    Do you have a credible source you can reference on the other girlfriends? We have read abouy the “real” girlfriends. Let’s not assume that 1) he is guilty until proven so and 2) that him having a dozen girlfriends means this was rape. The two are different issues. I know what you mean about manipulators, but to me if she was still hanging around him after the fact, she didn’t give a name at first, and she said he was 5’10” that hurts her case. The DNA match of course hurt his cas.

  27. becauseisaysothatswhy says: Nov 23, 2013 9:38 AM


    I call BS Dr.Phil.

    Classes just let out yesterday, students are just heading home yesterday & today. If other accusers were coming forward the victims attorney would leak that along with the DNA and everything else she’s leaked to the media.

    Your whole premise is made up. Other than this accuser there are no other reports of anything.

    Winston is perceived as a high character individual, no prior history of anything what so ever.

    The school & his coach confidently back him & his version of the events.

    And all you know is the alleged victim has claimed rape, you embellished by adding the term “date rape” You should stick to the boring truth and what has been confirmed don’t speculate. She claims rape, he claims consensual, the DNA proves intercourse, that is all.

  28. becauseisaysothatswhy says: Nov 23, 2013 9:46 AM


    Where did you come up with:

    Since the night this alleged assault occurred the victim has stuck by her story that she told Winston she did not want to have sex with him.

    News Flash, the victim hasn’t said anything only her attorney and what you’ve written & embellished isn’t in any of her released statements….

    Stick to the boring truth, enough with the interesting lies…

  29. becauseisaysothatswhy says: Nov 23, 2013 9:54 AM


    If you read the Attorney’s written statement you’ll see that the victim is claiming rape by an unknown individual. How can that be “date rape” as you posted? Also, how likely is it that a victim of rape tells her unknown rapist I don’t want to have sex with you expecting that unknown person to respect their wish? Sound plausible? No? Well you posted it…

    How can the victim claim rape by an unknown person yet in your post you confirm a relationship before & after the alleged rape?

    A relationship with an unknown person????

  30. kmmoreno1 says: Nov 23, 2013 10:58 AM

    This is the problem with media of today. So many articles flying across the net makes it hard to find information that has already been vetted.

    I will say that early reports from the networks stated that the victim reported the assault in early December, went to police to give a description (remember the 5’10-5’11 description), NOT identifying anybody in particular. She then completed her rape kit providing the valuable DNA. It wasn’t until a month later than the JW was identified. Several things come into mind…

    1. If she were a scorned “cleatchaser,” why wait to ID him?
    2. I don’t know many women who jump out of bed, put on their panties and run out the door storing the goods…Yet one that had been raped would get themselves to the PD right away.
    3. JW knew he had a sexual encounter with the victim, why not come out ahead and state, “yeah I had sex with her but it was consensual…” Instead his defense team stays quiet and doesn’t say a word until the DNA is confirmed.

    His actions since this story coming out as suspicious to me. I don’t have a horse in this race, but I would say the only win in this case is the one who violated the law gets punished to the fullest extent of the law. Whether it be JW for his actions or for her for filing false reports and defamation.

  31. kmmoreno1 says: Nov 23, 2013 11:19 AM

    Just to clarify, because I don’t think that came out right. I am highly suspicious of JW’s actions and his credibility has become a concern based on how things are unfolding. Innocent until proven guilty, however it is looking like he has an uphill battle, and that is NOT because the prosecution is railroading him, its because the evidence and his actions whether leaked or not look damaging…

  32. dhardy8207 says: Nov 23, 2013 11:41 AM

    The “POST SEXUAL ASSAULT” contact is what I have a problem with. MOST women despite her age would not have a relationship after they’ve been forcibly assaulted. It makes one wonder if he continued contact with her afterwards just to keep an eye on her. You know the old say; “keep your friends close but keep your enemies closer”. Maybe he thought if he kept her content with some type of communication then she would be less likely to come at him legally. I can’t believe if his attorney knew she had filed something back in December that he didn’t recommend to his client to stay clear of her and cease any contact.

    Either way, if this young lady indeed is lying about the severity of the situation or scorned merely because she wasn’t able to edge out the original girlfriend then she ought to be brought up on some serious charges. Ruining someone’s character over a lie should not go unpunished…

  33. realfootballfan says: Nov 23, 2013 11:57 AM


    Well, I went to FSU, and it’s not exactly like you can “keep an eye on someone” like you are imagining. There’s 35k students on campus. I’d go days without seeing people I was purposely looking for again.

    Bottom line is that this girl made a mistake, and the people who’ve pushed this story to the limelight rocked her world upside down. Also, for those criticizing Winston for remaining quiet, I hope you never get accused of anything. Speaking through the media is never wise. She hasn’t stated anything, it’s all coming from the “family attorney,” who even from the most biased person in this situation would have to admit looks pretty amateurish.

  34. kmmoreno1 says: Nov 23, 2013 12:01 PM

    @dhardy8208 I am confused by your post. The claim doesn’t make any sense. She reported the rape within hours, but didn’t make appositive identity until a month later. If your scenario were true, that would make one pretty stupid girl casually see this guy for a month and think, “hmm wow you look familiar. You look like the guy who raped me, only to come to the revelation after four week that by golly it is you!!! Completely baseless…

    1. He did it, she isn’t a football fan and didn’t know who he was until seeing him on TV preparing for the bowl game a month later; and then identified him to police.

    2. She lied all along, but even then, if she knew who he was, why not give a more accurate description on day one or give his name? Waiting a month gives her more credibility.

    Before Nole Fan starts with “waiting implies scorned,” she didn’t wait a month to file the complaint, she waited a month to positively ID him. This is more inline with any forced rape when the victim doesn’t know the attacker. Date rape cases are more likely to have time lapse on filing the complaint, not the case here.

    I am not a detective, but I do watch CSI! If I were NOT part of TPD, I would be questions him as to whether JW meet somewhere, the victim and JW don’t know each other. Makes his way to her place through invite, a little kissing take place, he presses for more, gets the rejection, so he forces himself on her. She doesn’t know his true identity at that point. He views it as “no really didn’t mean no” because she wasn’t screaming for help. He leaves, she heads to the police, once again not knowing his identity until after seeing him on TV for bowl week.

  35. realfootballfan says: Nov 23, 2013 12:07 PM

    Btw, that’s one thing that has irked me on the coverage of this case. CFT, USA Today, and a few other sites correctly reported with an appropriate headline that this statement was coming from the lawyer and attributed the quotes as such; however, the majority of headlines that I saw were very dist;disturbing intimating that the victim released this statement through the lawyer, which couldn’t be further from the truth. So much just throwing against the wall has been done from the flase reports of the girl leaving school immediately after the incident, to people claiming Winston was saying she was drunk, to people claiming he said he never had sex with her (when he never said anything before the leak of the DNA), and it’s so much more that’s coming out in the coming weeks that will frankly make you sick for this young man who’s basically had his reputation dragged through the mud for having casual sex in college.

  36. becauseisaysothatswhy says: Nov 23, 2013 12:09 PM


    There is currently no actual evidence of a crime available to the general public, only two confirmed facts that were leaked by the alleged victims attorney:

    1. The alleged victim & Winston had intercourse

    2. Winston’s DNA tested positive

    Beyond that is all speculation as to what happened.

    If you think it looks bad for Winston that’s solely based on your personal agenda, your desired outcome…

  37. realfootballfan says: Nov 23, 2013 12:13 PM


    They knew each other previously and allegedly continued fooling around after this complaint. The girl stopped cooperating after identifying Winston a month later as her attacker. The whole problem is the relationship she has had with Winston throughout this ordeal, before and after, which calls into question her credibility.

  38. oldforester says: Nov 23, 2013 12:25 PM

    Just from many of these posts I can see why the sergeant was correct in telling her going forward would ruin this girls life. Imagine walking across campus, or living in Florida with these people around you. Don’t know, but what if she is telling the truth?
    One thing we do know is that on or about December 6th Winston and the woman making the allegation had a sexual encounter. On December 7th his girlfriend tweeted about flying in to see him for the weekend, and on December 9th tweeted that she had a great weekend. Have sex with someone on Thursday, see my girlfriend for the weekend. Nice guy? Has character for doing that to his girlfriend? For all the coaches talking about building character, perhaps they should start teaching what part of their body they should use to think!

  39. amosalanzostagg says: Nov 23, 2013 12:27 PM

    This is exactly the same situation that the Duke Lacrosse Three and Johnny Manziel have faced. Right or wrong, Jameis Winston is being tried and convicted in the court of public opinion. Never mind the actual facts. The Duke Lacrosse Three were convicted by the students and faculty of Duke University with the facts
    presented by District Attorney Mike Nifong to win an election. Except when the actual facts and actual events came out, Nifong was removed from office, disbarred, and convicted. Duke University have signed and sealed settlements with the three Duke Lacrosse players admitting no no wrong doing on the part of the University.

    Same with Johnny Manziel, sports memorabilia brokers come out in a slow news cycle and say that they paid tens of thousands of dollars for thousands of autographs based on brokers cell phone pictures and so called “sessions” over days of autograph signings at brokers abodes. Yet when asked to provide actual proof of payments (receipts or checks) or showing the appropriate tax documentation to both the State of Connecticut(special events fee) and the brokers Facebook page are down, their websites are gone, the cell phones are disconnected and their relatives don’t have any way to contact them.

    Now, Jameis to being dragged through the mud based on hearsay and innuendo. The TPD doesn’t help matters with what has or hasn’t been done.

    The question is

    “Where do people go to get their reputation restored after being falsely accused?”


  40. becauseisaysothatswhy says: Nov 23, 2013 12:33 PM


    Regarding your claim as to “his actions” ask yourself the following:

    1. Is he acting guilty?

    2. Does his body language suggest guilt?

    3. Has his on field play suffered? Does he seem distracted?

    4. Does he have a sociopathic personality? Is he emotionless?

    The answer to all is a resounding no.

    He seems totally comfortable in his own skin currently. His play last week may have been his sharpest, most focused performance to date. His personality is positive, he is very outgoing and vocal. He seems completely, totally unaffected by this and he doesn’t seem like a sociopath.

    And all of this is under the media microscope with the country watching, little to no privacy…

    You tell me, is he acting guilty?

  41. oldforester says: Nov 23, 2013 12:37 PM

    amosalonzostagg: The reason they couldn’t contact the brokers, and their cell phones were disconnected, and facebook pages were down is that the brokers knew an investigation would prove they were involved in illegal activity outside of what they did with Manziel.

  42. becauseisaysothatswhy says: Nov 23, 2013 12:42 PM


    so, when you were a 19 year old male in college you practiced monogamy or abstinence?

    And news flash, he’s a football player what do you really expect? Oh yeah, he’s also a male…girls are coming at him from every direction all day every day and most are stalking him looking for one thing…which is not to be his girlfriend or even to be in a relationship…and this goes for all the skilled or star players at every college. It’s just the way it is.

  43. becauseisaysothatswhy says: Nov 23, 2013 12:47 PM

    the most implausible part of the case is that he would have to rape anyone…if she wasn’t into it there’s another one waiting in line…literally

  44. realfootballfan says: Nov 23, 2013 12:54 PM


    Okay Captain Save a Hoe. I went to FSU and can tell you girls there are hardly sexing one guy on campus either, but whatever. Glad you equivocate how many sexual partners people have into whether or not they’re probably a rapist.

  45. kmmoreno1 says: Nov 23, 2013 1:09 PM

    For starters, where are you reading this stuff that they knew each other before hand? You speak of it like its first hand knowledge, cite your source.

    “Where do people go to get their reputation restored after being falsely accused?” You go to court and clear your name and are found NOT GUILTY or have the charges dropped.

    Duke Lacrosse?? Give me a break, NOT the same. That girl was a stripper who was out to make money. They were acquitted of the charges.

    “Statements made on behalf of the victim by lawyer” Last time I checked, thats how it works. She doesn’t have to speak, he lawyer does it for her.

    No statements made by accused, comments all by lawyer. Once again, thats how it works, however if I were in his shoes and KNEW I was innocent, I would insist on a short press conference and not comment further.

    “Has his play suffered” Umm, he played Syracuse and Idaho today. But when he beats Idaho 100-0 I am sure you will make the same claim.

    “Is he a sociopath and emotionless??” Too soon to tell. If he is found guilty, then yes, he acted like a sociopath. He raped a woman and then went on acting normal. If the charges are dropped or he is acquitted, then no, he acted like someone who was confident.

    I am not for or against anyone here. I am a BIG college football fan. I preferred McCarron to win the Heisman, but JW was my second choice. I would hate to see him lose anything in life if he was falsely accused. His actions vs her actions in my opinion lean favorable for her. ESPN is full of commentators who were former athletes. I haven’t seen one accuse her of lying like these blogs do. Most question his actions based on the evidence that is made public, and even mores the action of the TPD. It looks more and more like a TPD coverup. If he were innocent, what would there be to coverup?

    Open your mind Nole Fan? Are you just a Fan or did they teach you how to research before you speak when you went to FSU??

  46. arnie7781 says: Nov 23, 2013 1:22 PM


    It sounds like you’re going to be REALLY upset when Winston is not even charged with a crime.

  47. kmmoreno1 says: Nov 23, 2013 1:29 PM

    @arnie7781 actually it won’t affect me one way or the other. If they do elect to drop the charges, I hope its next week so that he has every shot at the Heisman.

    I simply analyzed what I deemed as credible journalism. We all tend to choose sides, you have made yours. I just feel that what I have seen doesn’t favor him.

    Florida has had two monumental cases over the passed couple years. Both I favored the accused based on the evidence, both of the accused were acquitted.

  48. dhardy8207 says: Nov 23, 2013 1:32 PM

    realfootballfan says;

    “Well, I went to FSU, and it’s not exactly like you can “keep an eye on someone” like you are imagining. There’s 35k students on campus. I’d go days without seeing people I was purposely looking for again.”


    Not “imagining” anything. If she had aspirations of them having more of a relationship as some think she had sex with him, wanted more, and he refused; then it wouldn’t be difficult for him and he wouldn’t have to look far. If she thought it possible and she had a shot at pulling him in she would stay in contact with him.

  49. amosalanzostagg says: Nov 23, 2013 1:34 PM


    You’re wrong and you proved my point on Manziel.

    Exactly what “illegal” activity did the memorabilia brokers do? Say they paid Manziel? What State or Federal law did they break? They only break the law if they do not file the appropriate tax reporting forms which would not be done until January, 2014 on fees paid in 2013. Not report fees to the State of Connecticut? How can they report fees they never paid? What is “illegal” there? Manziel was the one alleged to have done the “illegal” deed by violating NCAA rules and guidelines, not the memorabilia brokers. That is why Manziel only received a half game suspension for not “knowing” that their are people that will sell his autograph. Tell me exactly what did the brokers do that was “illegal”? Exactly what proof do you have?

    Answer you have none. The brokers manufactured the entire payment scenario.

    The truth is that Manziel was brilliant in copyrighting Johnny Football, his likeness and image, and his autograph. Why? Manziel can sign tens of thousands of autographs and not take a penny because he knows that every time a sports memorabilia show or broker sells one of his autographed items, he gets
    paid a royalty. He may not make it in this current football season, but once he declares for the draft, the brokers have to pony up. That is why the brokers manufactured the story that they paid Manziel, because they cannot artificially jack up prices on Manziel’s Heisman because he cuts into their profit margin. They have to pay him his royalty regardless.


  50. arnie7781 says: Nov 23, 2013 1:37 PM

    kmmoreno1 –

    Do you realize that the victim’s lawyer has NO REASON to keep releasing statements to the press? Is that the “credible journalism” you’re referring to?

    You will see very soon that the evidence does not support the lawyer’s accusations. She’s only releasing statements over and over again because that’s all she can do in lieu of a complete lack of supporting evidence AND overwhelming evidence to support the would-be defendant, who still hasn’t been charged with a crime.

  51. dhardy8207 says: Nov 23, 2013 1:40 PM

    kmmoreno1 says;

    “@dhardy8208 I am confused by your post. The claim doesn’t make any sense. She reported the rape within hours, but didn’t make appositive identity until a month later. If your scenario were true, that would make one pretty stupid girl casually see this guy for a month and think, “hmm wow you look familiar. You look like the guy who raped me, only to come to the revelation after four week that by golly it is you!!! Completely baseless…”


    There are several aspects of this investigation that lacks clarity and makes no sense to someone on the outside looking in. However, I think since you watch CSI and obviously got the upper hand on what these two kids were thinking as they made the decisions they made then I say you need to run on down to Tallahassee and lend your expert skills…

    FYI every blogger on here is speculating at the facts of what happened including you my friend…

  52. gatorfan1 says: Nov 23, 2013 1:46 PM


    I already admitted that if that picture is her the case is over. But I have a couple of questions. Are you confirming that is her. I’ve gotten some emails today that say it is not the girl.

    Also, the link that you provided talks about bruising. Funny, but that would be the first I have heard about there being marks. Everyone says that his lawyer isn’t talking, but the excuse that he had to restrain her from hitting him, for being the reason for the bruising sounds like damage control ahead of time. It would also seem that information would come from his lawyer, I would think. If there is bruising I wonder if those pictures will be released and what they look like.

    I also read another report, claiming no charges will be filed because there are NO marks on her whatsoever. Both articles sources are supposedly from inside SAO. 1 report of bruising, 1 report without? I find that interesting.

    It’s funny that you would post that picture, because you have been slamming me for posting unsubstantiated “blood results” but you yourself are doing the same thing.

    So my question to you: Are you positive this is the girl? If it is I think the case is over.

  53. becauseisaysothatswhy says: Nov 23, 2013 2:03 PM


    I’m positive of two things:

    1. Victim & Winston had intercourse

    2. Winston’s DNA tested positive

    Beyond that it’s all speculation. and those two items do not make a case, it’s not enough to charge Winston.

    I didn’t preface the links or pictures with a disclaimer that this was the gospel…I simply passed along what was published online regarding the case.

    You however made claims that could not & cannot be substantiated. And you didn’t provide any links to where you came up with what you were saying as if you were just making it up..

    IE: that the police gave the victim a negative test result in December

    IE: your reference to Winston’s blood work…since there is no Winston blood work only a DNA swab etc…a swab from November 2013 not April 2013

    I have no idea what the truth is but will wait for all the facts before I convict or acquit.

    If he’s really guilty I would never look the other way but if he’s innocent he needs to be made whole. Get his life back as if none of this ever happened.

  54. amosalanzostagg says: Nov 23, 2013 2:05 PM


    With all due respect, wrong, but nice try.

    Mike Nifong charged the Duke Lacrosse Three based on FALSE testimony from the “lady” involved. Nifong did so with forethought and malise with the sole thought of advancing his political career. For his efforts, he was removed from office, disbarred and convicted. During that time, the Duke Lacrosse Three were pilloried by the Duke Faculty and Student Body based on FALSE testimony and Nifong’s actions.

    The case NEVER went to trial.

    Duke University paid undisclosed amounts of money to the three young men AND their families because of the FALSE testimony and the DA Nifong’s actions. Which
    leads back to my original question.

    “Where do you go to get your reputation back when you have been falsely accused?”

    Answer, you can’t. That genie is already out of the bottle. No court ruling can ever
    restore an individual’s good name

    Responsible journalism? It doesn’t exist in today’s world of 24/7/365 of being first rather than right.


  55. kmmoreno1 says: Nov 23, 2013 2:06 PM

    @dhardy8207 surely you know my CSI claim was sarcasm. You are indeed correct, every blogger here is speculating. You assertion was that she continued to see him after the initial encounter, in fact I believe you also commented they knew each other before and after however I could be wrong, that before could be from someone else.

    My thoughts are that if she knew him before or after, why not identify him from the outset? Why take 30 days to positively ID him?

    @arnie7781 what statements does the victims lawyer “keep releasing?” Perhaps there are more that I know of, but I only know of two. The first after TMZ broke the story and the rest of the media brought it to light. My understanding is her lawyer came forward and was grateful the story was no longer a “suspended case.” The second was that the accused’s DNA matched the victim. If there are more, I am not aware of them, not do I care. I am just stating that from what I know…
    1. Sexual interaction occured early December
    2. Victim files police report with vague description and submits to rape kit
    3. Approximately a month later victim positively identifies the accused.
    4. TPD advised accused to consider her actions
    5. TPD informs FSU Officials and the attorney for FSU Athletics about the allegation, make no attempt to question the accused, even after they posses a DNA sample
    6. Case is suspended, TPD tells school not to worry, there is no further investigation.
    7. 10 Month’s goes by and TMZ breaks the case. Victim is pleased the case is active again. Claims the TPD ceased calling her back when she and lawyer left emails for the Detective. Detective claims victim and lawyer claimed victim quit returning their calls.
    8. DNA is obtained from the accused and is a match to the evidence procured
    9. Defense attorney finally makes statement, “sure, they had sex, we never disputed that, she said yes…
    10. Accused has NEVER come forward to make ANY statement that he is innocent of the allegations made against him.

    Well tell me where I am misguided.

  56. becauseisaysothatswhy says: Nov 23, 2013 2:10 PM

    State Attorney’s Office Weighing Evidence

    ESPN legal analyst Roger Cossack discusses the legal strategy behind Jameis Winston not making a statement.

  57. gatorfan1 says: Nov 23, 2013 2:16 PM


    Fair enough. However, I did link to the letter of the lawyer concerning the “negative”blood toxicology report. I did mess up time line, but if you remember, your post asked where a negative blood report had ever been stated anywhere.

    Also this from your earlier post in this thread:

    “That they never denied consensual intercourse…here’s a picture of the victim & alleged rapist together:

    You then provide a link to the picture. You unequivocally state that THIS is a picture of the girl. You gave no disclaimer claiming this MAY be the girl. You are as guilty as I am. I admitted my mistake.

  58. becauseisaysothatswhy says: Nov 23, 2013 2:22 PM

    gator, you’re grasping but if it makes you feel better…

    I should have stated this link to a picture is allegedly the victim & Winston together after the date of the reported incident.

    my bad.

    are you OK now?

  59. kmmoreno1 says: Nov 23, 2013 2:34 PM

    @becauseisaysothatswhy, actually you said,

    “The sworn witness affidavits from February 2013 may back up the claims made by Winston’s attorney. That they never denied consensual intercourse…here’s a picture of the victim & alleged rapist together:”

    I guess the lawyer is correct, he never said they didn’t have casual intercourse, THEY NEVER SAID ANYTHING. They waited until after to assert his claim that it was consensual.

    As for the photo, again I will quote you, “here’s a picture of the victim & alleged rapist together”
    Perhaps you should have said, accused and alleged victim,” because as you wrote it, you state its her. I looked at the photo and TMZ CLEARLY states that the victims lawyer states the the photo is ABSOLUTELY not her.

  60. gatorfan1 says: Nov 23, 2013 2:40 PM


    Not withstanding your sarcasm, you blasted me quite a bit for unsubstantiated comments.

    Accordingly, I would think YOU of all people would make sure that you didn’t make the same mistake. A little hypercritical don’t you think? That’s all I’m saying.

    Can’t have things both ways. But I’m doing fine, thanks for asking!

  61. arnie7781 says: Nov 23, 2013 2:47 PM

    kmmoreno1 –

    NEWS FLASH – Winston’s attorney does not have to make any public statements. Winston’s attorney was forced to make a public statement re the consensual sex defense BECAUSE THE DNA RESULTS WERE LEAKED!!! The DNA results were never intended to be public information. The leaking of the DNA results forced Winston’s attorney’s hand and YOU perceived that to mean they are REACTING to the DNA results, when the facts are that they knew what the results would be all along…as evidenced by WINSTON VOLUNTARILY SUBMITTING A DNA SAMPLE.

    Ask yourself this, if the DNA results are such a big deal, why hasn’t Winston been charged with a crime?

  62. kmmoreno1 says: Nov 23, 2013 2:58 PM

    Voluntarily?? He was probably days away from being compelled to do it. That’s called damage control. “Lets submit not because it will make you look better. It will make you look you weren’t hiding anything.” Making a public statement would have been good too had he made it ahead of time.

    As for why the DA hasn’t brought charges? He already said he wouldn’t have that decision until next week. there is not need to rush this, rushing can only hurt his case. Once he charges him, JW has the right to a speedy trial. Not know what route they will take, it benefits to keep things under wraps so its on his timeline, not the accused.

  63. arnie7781 says: Nov 23, 2013 3:02 PM


    Yes, voluntarily. As in, there was no warant released for Winston to submit a DNA sample. Everything you just stated is mis-guided speculation. You will see.

  64. becauseisaysothatswhy says: Nov 23, 2013 3:03 PM


    Winston’s attorney only said what he said because of the DNA leak. He stated that he felt compelled to respond but that he wouldn’t say anything beyond that. That he wasn’t going into any additional details regarding the case other than it didn’t change their defense, that they never denied being there and that the intercourse was consensual.

    In prior reports Winston’s attorney always maintained Winston’s innocence without going into any detail what so ever and that they had submitted sworn witness affidavits in February.

    And I actually said that Winston’s defense may be backed up by those affidavits…I own what ever I said, fully.

    so try again

  65. arnie7781 says: Nov 23, 2013 3:04 PM

    Why do people who don’t practice law keep insisting Winston and his attorney should have made a public statement at any point throughout this process?

    No charges, you’ll see.

  66. becauseisaysothatswhy says: Nov 23, 2013 3:07 PM


    I did blast you & will continue to do so. it’s all in good fun, nothing personal. you admittedly messed up the time line on one item, invented Winston blood work on another and all of it doesn’t mean a thing in the real scheme of things…we all collectively have no impact on the outcome all are just expressing opinions

    Until all the facts come out this is nothing more than an agreement to disagree…and maybe push a few buttons here and there…some amusement etc…

  67. noffy32 says: Nov 23, 2013 4:09 PM

    Wow. A blog taken over by a bunch of know it alls that don’t know anything. Arguing back and forth to claim their right as King of the arm chair lawyers. Let’s wait til all the facts come out and then make an informed decision.

  68. jbl1953 says: Nov 24, 2013 6:35 AM

    If she made her statement within 2 hours of the alleged incident, then why did she wait a full month before identifying Jameis as the perpetrator. Or describe the perp as being 5’9″ to 5’11” tall. If they had a pre-existing relationship. wouldn’t she know the perp’s name? Or even if they were casual friends wouldn’t she know he was the QB? or at the least a football player?

    Or maybe the cop lied on his report as to what she said? I would not put it past law enforcement, but then, if the woman and her family were adamant they would have corrected. I mean, it wasn’t just one conversation she had with the cops, she was speaking with them until February. Why wait a month to name Winston?

    Look, we weren’t there. And have we forgotten that in this day and age there are those who are too quick to presume [note I did not use the word “assume” which we know spells…] the athlete is guilty and those who presume the woman has some scheme going on. Remember all that Notre Dame’s Manti Te’o stuff from last year where some body targeted a football player with a fake on-line and telephone romance? Crazy stuff going on out there.

  69. jbl1953 says: Nov 24, 2013 6:58 AM

    As far as the cops stopping calls to the woman and her attorney or the other way around–when was the last time you had an attorney who, when placing calls to a cop or any one else they WANTED to speak to, just gave up and stopped calling. Puh-leaze. An attorney feeling they were getting the run around would be burning up the phone lines to the cop, the detective, the chief of police, the state attorney’s office, etc.. Not to mention sending letters.

    Excuse me for being “old” fashioned. Not to mention emails with copies to everyone in the chain.

    Yes, I am an FSU fan, and also an attorney. Still not over the JFK conspiracy theories so a conspiracy to blemish Winston does not sound so far-fetched. Then again, I am not a woman, I am not a young woman away from home, I am not a young woman away from home who is hanging out with people she might consider to be members of a powerful and privileged group. I do not begrudge her for acting a certain way; I am not her. But I do begrudge any inaccuracies or inconsistencies which are not cleared up once she retained an attorney who should know. Were there any supplemental reports indicating that the woman corrected her description of the perp? And now we see all of these “leaks”. When you see leaks like this you realize that the woman and her attorney are trying to try the case in the court of public opinion and not a court of law.

  70. psychologyofsports says: Nov 27, 2013 9:46 PM

    Getting to the bottom of this is going to be quite difficult no easy answer here is my take–

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