Florida State quarterback Jameis Winston was accused of sexual assault last fall, but an investigation ended up with no charges pressed against the Heisman Trophy quarterback. Though Winston escaped criminal charges, a civil case appears to be looming. According to a report published Friday by FOX Sports, the lawyer representing Winston’s accuser has hired two high-profile attorneys specializing in sexual assault and Title IX cases.
According to the report, attorneys John Clune and Baine Kerr will work with Patricia Carroll “to evaluate the conduct of a number of individuals and entities in this matter and assess their civil and criminal liability.” Carroll is the lawyer who has been representing Winston’s accuser. In addition to Winston, the attorneys will review the possibility of pursuing civil action against Florida State University and Tallahassee police. When the investigation concluded there was not evidence to charge Winston last fall, just before the ACC Championship Game, Carroll made it clear her fight was not going to end.
At this time it is unknown if civil action will indeed be pursued. For now the legal team now assembled will review the situation, evidence and various reports to determine if civil action will be appropriate. It is likely a civil lawsuit will be presented.
“After meeting with them,” Carroll said in the FOX Sports report. “I am confident that anyone who has liability in this case will be held accountable and justice will be served for my client at the end of the day.”
It sure sounds as though the legal representation for Winston’s accuser is determined to pursue civil action. So, what does this mean as far as football is concerned?
First, we do not know what the timeline of any civil suit would follow yet so it is difficult to project. According to the Florida State Intercollegiate Athletics Policies and Procedures, any student found to be guilty of sexual harassment could be subject to expulsion from the university. This could be a gray area because Winston has not been charged with any crimes in the legal system and a civil lawsuit does not carry any jail time for being found guilty.
Whatever happens, it will be sure to cast a little bit of a dark cloud over Winston and could potentially hover over the university as a whole, but let’s hold off on too much speculation and legal analysis until a civil lawsuit is filed.
The curious case of Francis Bernard has taken yet another twist.
In mid-August, it was announced that Francis Bernard, a 12-game starter at linebacker for BYU in 2016, would miss the entire 2017 season because of unspecified “personal reasons.” Very early Saturday morning, Bernard (pictured, No. 13) was arrested on charges of driving under the influence of alcohol, driving without a valid license and failing to register his vehicle/having an expired registration.
With him during the traffic stop was teammate Marvin Hifo, who was cited for having an open container.
Monday, Kalani Sitake was asked about the situation. In addressing it, the head coach revealed that both players had previously left the team in the last couple of weeks — Bernard withdrew from school and requested a release from his scholarship, while Hifo, a senior defensive back, decided to simply quit.
Notably, Sitake seemingly indicated that, as of at least a couple of weeks ago, he was leaving the door open for a potential Bernard return at some point in the future.
“[Bernard] was looking at all of his options, and one of them was possibly returning here with a release in hand,” the coach said according to the Deseret News. “I wish him the best in finding what is the best place for him and I care about him.”
Bernard was third on the Cougars last season in tackles. Should he continue playing football at the collegiate level, he would presumably be a fourth-year junior in 2018.
Maybe it’s nothing, maybe it’s something. Regardless, it’s something that bears watching.
Losers of two in a row and off to a 3-3 start to the season, Florida has underperformed and underwhelmed to say the least. So much so, in fact, that head coach Jim McElwain indicated Monday that he, his family, his coaching staff and players have been subjected to death threats by unknown individuals.
The head coach went into no detail publicly regarding the nature of the threats. Apparently, it was the same privately when discussing the situation with his employer.
Again, it could be in the same neighborhood as naked shark humping — nothing. Bears watching, though, as one very outspoken member of the Florida media is very much already doing publicly about a situation that was apparently reported to the media before it was reported to the police or even the university.
Pat Tillman is essentially the Knute Rockne of Arizona State football, the central figure that will be as important to the program 100 years from now as he is today. And while Notre Dame will wear Rockne-themed uniforms later this season, so, too, will Arizona State.
The program revealed Tillman-centric uniforms on Monday for their Nov. 4 game with Colorado, based on the uniform Tillman wore as a member of the U.S. Army while fighting in Afghanistan.
Tillman played linebacker at Arizona State from 1994-97 (he was named the Pac-10’s Defensive Player of the Year as a senior) and then spent four seasons with the Arizona Cardinals before the events of 9/11 inspired him to join the U.S. Army. He was a member of the Army Rangers before he was killed in action in Afghanistan on April 22, 2004, at age 27.
Arizona State unveiled a Tillman statue at Sun Devil Stadium at its season-opening win over New Mexico State.
“Pat spent his whole life trying to be the best person he could possibly be,” Kevin Tillman, Pat’s brother, said at the unveiling. “He didn’t focus on money, he didn’t focus on fame, he didn’t focus on a pretty statue. It was, ‘How can I make myself a better person in all these different facets of my life?’ And ASU gave him an opportunity to do that.”
Florida has lost two in a row and is off to a 3-3 start, and that streak will probably reach three on Saturday after the Gators meet No. 3 Georgia. While everyone knows SEC fans are passionate about their football, some have taken Florida’s struggles too far.
How far? By threatening to kill the players and coaches.
“I think it’s a pretty good lesson for the way things are,” head coach Jim McElwain said, via Only Gators. “There’s a lot of hate in this world and a lot of anger. And yet, it’s freedom to show it. The hard part is, obviously, when it’s threats against your own players, death threats to your families, the ill will that’s brought upon out there. And yet, I think it’s really one of those deals that really is a pretty good testament to what’s going on out there nationally. There’s a lot of angry people, and in this business, we’re the ones you take the shots at. And that’s the way it is.”
In my experience, it seems people lodging death threats are far more serious about the threat part than the, uh, other. But that’s easy for me to say, I’ve never received one.