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Attorney wants halted FSU probe in Jameis Winston case to continue

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A story that both Jameis Winston and Florida State would prefer to quickly fade away simply won’t.

The attorney for the alleged victim who claimed she was raped by the Florida State quarterback in December of 2012 told USA Today that the university has halted its Title IX investigation into the case.  The reason the probe is allegedly at a standstill?  The attorney, Blaine Kerr, says it’s because Winston refuses to cooperate with the university.

The university took the position that since he refused to respond to questions, they could not make any Title IX findings,” Kerr said according to the paper. “We have objected to that as impermissible reason to delay or terminate a Title IX sexual assault investigation because that would permit any charged party to thwart an investigation simply by refusing to answer questions.”

The paper went on to write that Kerr “wrote a letter to FSU earlier this month stating his objections to their investigation and calling for Winston to be charged under the school’s code of conduct policy.”

One law expert was baffled that the university would drop what’s a federally-mandated investigation simply because the accused refused to cooperate.

“The law is not supposed to operate in a way to reward people who don’t cooperate with either criminal or civil investigations,” said Erin Buzuvis, a professor of law at Western New England University and a Title IX expert. “It’s just bizarre to think that would result in, ‘Oh, I guess we just can’t do anything.’ Who would ever cooperate with anything?”

In early December of last year, following a three-week investigation, the Florida State’s Attorney office announced that there wasn’t enough evidence to prove that the sexual encounter between Winston and the alleged victim was not consensual, and that no charges would be filed against the player.  The state’s attorney in charge of that investigation, William Meggs, was highly critical of the Tallahassee Police Department’s investigation into the alleged rape in a New York Times report earlier this week, a report in which the university subsequently expressed its disappointment.

Earlier this month it was reported that the Department of Education’s Office of Civil Rights has launched its own investigation into FSU’s handling of the case.

While Winston will not face criminal charges in connection to the incident, the alleged victim is expected to pursue civil action against him as well as, potentially, FSU and the TPD.

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37 Responses to “Attorney wants halted FSU probe in Jameis Winston case to continue”
  1. jimmy53 says: Apr 18, 2014 1:29 PM

    The girl hired two different Title IX lawyers and people are shocked when they want a University investigation?? Who didn’t see that coming?

    3 separate civil trials with no criminal charges…and people get pissed when people cast aspersions that the girl might be a gold digger…

  2. youngal16 says: Apr 18, 2014 1:47 PM

    I don’t get it. If the police say there isn’t enough evidence to charge Jameis Winston, how can it be proved that he violated the code of conduct? All he has to say was that it was consensual. Two witnesses also say it was consensual. Makes no sense to me, universities should not be involved in criminal matters that could possibly involve felony charges

  3. dhardy8207 says: Apr 18, 2014 1:47 PM

    Winston has been his own worst enemy in this revisit of the initial investigation. If he didn’t do anything wrong and this was consensual why not get this behind him. Its as simple as he and his legal representation meeting with university administration, answer their questions and be done with it. Honestly the longer he runs from the issue the more fuel he adds to the fire…

  4. friarjack61 says: Apr 18, 2014 1:50 PM

    What are the facts ?

    Are we dealing with a protected player, on protected team, with an Athletic Dept, that controls the school Administration ?

    Will we ever have the truth ?

    If the Fed Govt uncovers any illegal actions by the school, goodbye Federal funding.

    We’ll wait for the conclusion.

  5. youngal16 says: Apr 18, 2014 1:54 PM

    @dhardy207 he said it was consensual. What other questions does he have to answer? I’m not understanding. Is FSU a court of law? How do they even have the authority to question someone about a matter that didn’t even occur on their campus?

  6. cfballfan1 says: Apr 18, 2014 2:08 PM

    If this was any other student, they would be awaiting their day in court.

  7. teedraper says: Apr 18, 2014 2:15 PM

    Stank ass Crackers trying to lynch this kid. Those witnesses saw enough. This bitch wasn’t raped at all.

  8. donovandancy says: Apr 18, 2014 2:23 PM

    “We have objected to that as impermissible reason to delay or terminate a Title IX sexual assault investigation because that would permit any charged party to thwart an investigation simply by refusing to answer questions.”

    When its down to an unsubstantiated accusation and the accused has been cleared by the state attorney, they do not have to answer any questions as they are in the clear of wrongdoing legally.

    The lawyer in this case is harassing Winston in the media just because its good publicity (look at the timing of everything in this case on the lawyers end). But since there was a video record showing she was a willing participant, and Winston was let off without the accuser being able to provide any evidence, and most pertinent to this case since the event happened OFF CAMPUS, there is nothing that can be done.

    Apparently the “legal expert” wasn’t briefed on the case or was merely asked, “hey Jim, do you think a legal proceeding should be halted just because the accused refuses to cooperate” instead of actually talking about the case. Any legal expert could show you why Winston doesn’t need to talk, and the lack of evidence on the accusers side makes any force on Winston a violation of HIS rights.

    Its innocent until proven guilty, i’m sorry John Taylor can’t figure that out. Hopefully he will experience what its like to be wrongfully accused in the media someday. Maybe then he will have more perspective.

  9. ddmcd1974 says: Apr 18, 2014 2:32 PM

    Teedraper I recall mr. Zimmerman being harassed and even had to stand trial for being assaulted. Who was out to get him? Same state right. Experts in both cases determined both were in the right so I understand your frustration with media and certain groups out to get people even when the evidence suggests otherwise. Damn shame the world is like this now.

  10. donovandancy says: Apr 18, 2014 2:35 PM

    friarjack61

    All you need to know if you are looking for facts is the public release document the state put out when the announcement was made that there was not enough evidence to proceed. Both the title nine investigation and others were initiated upon the request of the lawyer, as they must do.

    THe process won’t be concluded as long as the “life partner” of the accusers mom keeps up the public harassment. However it’s actually more telling that the title nine investigation is halted by Winston refusing to answer questions. This means they have nothing to go on from the accuser’s side, and possibly counter-evidence on Winston’s behalf. Also, remember the event happened off campus, which means almost NOTHING involved is in the domain of the school.

    The actual legal process showed there wasn’t any evidence to suggest any wrongdoing, even enough to go to trial. While the accuser herself crippled the case by first incorrectly identifying anyone, having semen samples from Winston and her boyfriend in her clothes (once again, read the report), and especially contacting TPD the next week requesting nothing go forward with the case.

    So many of the questions people are asking were answered right in the contact and record requested files, to continue and pretend that we can treat Winston as anything but innocent is both ignorant and unconstitutional.

    is he innocent until proven guilty? Well, there isn’t even enough evidence for a trial. So either get with assuming his innocence, or move to a country that allows lives to be destroyed by false accusations.

  11. donovandancy says: Apr 18, 2014 2:41 PM

    @dhardy8207

    1) He already said plenty in the actual investigation. That it was consensual. Boom, nuff said.

    2) He has a lawyer. A lawyer doesn’t want him talking about this issue even once if he doesn’t have to. The state says there isn’t enough evidence even for a hearing, so he’s listening to his lawyer. There is nothing for him to “get over with”. He’s already innocent until proven guilty, and the title 9 investigation requires him to speak aboutit because the only thing they have left is hopes he may incriminate himself.

    In his shoes maybe you would talk to them, against his lawyer’s advice. And maybe you would get confused in the interview, or say something in the wrong way, and maybe it would be you getting punished for something you didn’t do.

  12. donovandancy says: Apr 18, 2014 2:44 PM

    youngal16 says: Apr 18, 2014 1:47 PM

    I don’t get it. If the police say there isn’t enough evidence to charge Jameis Winston, how can it be proved that he violated the code of conduct? All he has to say was that it was consensual. Two witnesses also say it was consensual. Makes no sense to me, universities should not be involved in criminal matters that could possibly involve felony charges

    Title 9 and other investigations have rules about having to investigate when complaints are filed. they can investigate of their own accord, however in a case like this one they usually don’t since because of lack of evidence all the accused needs to do is not say anything and the case stalls.

    Then the accuser uses that against the real victim, Winston, and you get an article like this by the blog writer here.

  13. angelheartsbuckeyes says: Apr 18, 2014 2:50 PM

    The argument that no crime was committed bc the State Atty declined to file charges is ill applied.

    The SA determines if the evidence is sufficient to prove the allegations beyond a reasonable doubt. Lack of evidence is not the same thing as absence of crime.

    It’s also a weak argument to say that nothing happened bc the accuser and his two friends/teammates said it didn’t.

    She could be a gold-digger. The University could be trying to cover something up. Maybe it was consensual, maybe it wasn’t. Maybe it started okay and when she saw two dudes in the room-one of which was filming-she changed her mind. I could do this’ maybe, possibly, what-if’ game all day long.

    Truth is we will never know the truth. That’s the only real definitive statement to be made about this sad and tragic event.

  14. tigersdawgs says: Apr 18, 2014 3:27 PM

    In the end he will be found ineligible for the NC game and all rings returned! LOL

  15. tigersdawgs says: Apr 18, 2014 3:29 PM

    My question is why were the others charged in the case that were with him and he wasn’t?????

  16. realfootballfan says: Apr 18, 2014 3:32 PM

    youngal16

    It has no basis. The teammates are under scrutiny for recording a sex act, which would subject any regular old student, athlete or not, to being kicked out of school at the discretion of the university. At no point did anyone, not the accuser, not Casher or Darby, and certainly not Winston, ever intimate or even say he suggested that they record him and the girl having sex. That was information the teammates volunteered when questioned. It’s more grandstanding by this girl’s aunt and is pathetic that rival fans either don’t care that this is what we’re actually talking about or are that vindictive that they are still going to latch on to this nonsense regardless of that actually being what we’re talking about because they want FSU to lose. It’s certainly not out of concern for this young lady as the lack of evidence to contradict anyone but the young lady’s story has closed this case, and it’s not going to get re-opened.

  17. Deb says: Apr 18, 2014 3:34 PM

    People who think the innocent should have no problem answering the same questions over and over a) are ridiculously naive, and b) do not understand their Constitutional rights.

    You might spend some time on the Web site of The Innocence Project and read a few of the hundreds of cases of innocent people who were convicted after cooperating with authorities in the erroneous belief that innocence is a complete defense. Even if you are not guilty, what you say can be twisted and used against you. The more often you are questioned, the more likely you are to say something contradictory–especially if you are telling the truth rather than a carefully rehearsed lie.

    Winston is not required to help in an effort that’s sole purpose is to support a future civil claim against himself. To expect that he would do so just because he claims to be innocent is, with all due respect, idiotic.

    No, none of us knows definitively what happened here. But again, of all the real rape victims I’ve known–and there are dozens–not one wanted financial compensation from her attacker/s. It’s hard to see how the symbolism of that could escape so many people.

  18. realfootballfan says: Apr 18, 2014 3:38 PM

    dhardy8207,

    What are you talking about? FSU officials have known about this since it happened, not when it broke. They’ve more than talked to him about it, without lawyers with him I might add. There is nothing to “get behind” him. It’s over with. The only reason it continues to come up is because the girl’s aunt and lawyer keep talking about it with such nonsense like civil litigation, which is pretty telling of what we’re dealing with. Personally, I won’t villify the girl except to say that it’s obvious from my vantage point that she let something run away from her because she didn’t want her parents to know exactly what type of men she likes to sleep with (and judging from the reaction they are giving in face of all the contradictions that the actual evidence and her own actions gave to her multiple stories, it’s a wonder why), but her family is beyond pathetic at this point.

  19. realfootballfan says: Apr 18, 2014 3:41 PM

    tigersdawgs ,

    Who charged them, genius? They violated the university code of conduct by stating on multiple occasions that they recorded them having sex. Tell me when did anyone claim Winston told them to do that or did it himself? If you can’t, please stfu.

  20. musketmaniac says: Apr 18, 2014 3:42 PM

    lol, man when I need a good laugh you guys are always here. it’s like the French trying to teach the Swiss Mandarin Chinese.

  21. noleitup says: Apr 18, 2014 3:43 PM

    This is getting old now. If she wants to sue somebody that bad then she go at TPD. She wont be able to get much from winston at this point in time except unlimited meals and snacks. Im not saying hes innocent but there were no charges filed. Quit dragging this kids name through the mud.

  22. angelheartsbuckeyes says: Apr 18, 2014 3:49 PM

    @Deb

    I was tend to agree regarding compensation but for other past examples of people who are unable to get justice via the criminal system seeking relief from a court with a much lower burden of proof.

    I would argue there are many victims of crime who would turn to the civil system for financial justice if the accused had the means to make them whole in that respect. The Goldman and Brown families come to mind.

    You also cannot discount the idea of righteous indignation. IF this woman was assaulted and IF the matter was swept under the rug, I would most certainly find a way to make EVERYONE involved pay the highest price possible.

  23. Deb says: Apr 18, 2014 4:08 PM

    @angel …

    If someone burns down your house, money can help fix it. If someone steals your car, your purse, or your pension, money can replace it. If someone beats the crap out of you, money can pay the medical bills. But (although it upsets one of the “men” when I do so), I’ll speak now as a rape survivor and for those other rape survivors I’ve known. Money can’t fix that. And the idea of my rapist dropping $100 bucks or $10 million at my feet makes me want to vomit. Again, it boggles my mind that the symbolism of that escapes so many people.

    As to your earlier comment, this woman didn’t suddenly find herself in a room with more than one man. She voluntarily jumped into a car with more than one man. She sent text messages throughout the night to a friend–text messages that made NO mention of her being in distress. To equate a situation like this with that of a woman being violently raped is insulting to actual victims. Rape and sex for money are two VERY different things.

  24. dhardy8207 says: Apr 18, 2014 5:01 PM

    To all the men on this board tripping over my first comment, please take one hand a retrieve the fabric from between your butt cheeks…

    In every report that has been posted there has been one common factor; Jameis Winston REFUSED to talk with police. Now I realize that he has certain rights under the law, but just speaking with university officials/administration is not obviously enough to put the matter to rest. I M NOT SAYING HE IS GUILTY! However I am saying that as long as he pleads the 5th especially in light of the fact that it APPEARS things were not investigated fully immediately upon this young lady reporting the incident, then it leaves the appearance that he has something to hide or at the very least is scared to address the situation with anyone who is not under the FSU administration.

    Its also ironic that you men find it so easy to label her a “gold digger”, “cleat chaser”, “whore”, etc., but see here is the clincher; It takes a lot of young men that are either desperate, insecure, or just plain out whorish themselves to make her a whore. Do I think she’s trying to financially capitalize on this incident? More than likely. Do I think she put herself in a very questionable and dangerous situation, certainly. However, my only point earlier is that this won’t be put to rest until he makes some type of official, adamant statement. It is obvious that as long as he tries to hide behind the “I’m not going to address it” stance, this young lady’s attorney will continue to call into question the ethics used to investigate this from the beginning…

  25. realfootballfan says: Apr 18, 2014 6:09 PM

    this won’t be put to rest until he makes some type of official, adamant statement.
    —–

    Yea, I’m sure that will do it, lol. The pages and pages detailing the investigation including her stonewalling, the multiple stories, the multiple lab reports and medical reports contradicting the multiple stories, and the seeming unwillingness for this young lady to even fess up to her family that she was screwing some other black friend of hers didn’t do it, but if Winston came out and said “I’m innocent of a crime that I was never charged with,” that will do it for you and others like you who think this is a conspiracy all the way to the governor’s mansion. Riiight.

  26. mogogo1 says: Apr 18, 2014 6:25 PM

    cfballfan1 says:
    If this was any other student, they would be awaiting their day in court.
    _______

    Heavens, I hope not. Gal with semen from two different guys tells the cops multiple contradicting stories, all of her claims about drugs or supposed head injuries are shot down by medical tests, there are texts all night long with her never saying anything was wrong….

    Safe to say if it were your son accused and he was charged, you’d be mega upset about it. And for good reason.

  27. Barry's Triceps says: Apr 19, 2014 1:54 AM

    College White chick wants to Fuck athlete black guys, 2 or 3 at a time? So hard to believe.

    I searched pornhub and couldn’t find one video of this sort of deviant behavior. O wait, its pratically the whole site.

    Golddigging ain’t easy.

  28. 35longmiles says: Apr 19, 2014 6:56 AM

    teedraper says: “Stank ass Crackers trying to lynch this kid. Those witnesses saw enough. This bitch wasn’t raped at all.”

    Why yes, I am a cracker. Thanks for capitalizing it. But I take exception to be stereotyped as “stank ass.” Your commentary is quite poignant if you know what I mean.
    ———–
    @Deb, I don’t know how you arrive at honesty being more risky than lying under repeated questioning, but it’s complete BS. The ABSOLUTE NUMBER ONE WAY that perps are ensnared is by contradicting themselves. The ABSOLUTE NUMBER ONE WAY that suspects are cleared is by repeatedly providing the same details. There are plennnnty of screwups but that doesn’t change what I said above. The innocence project? GTFOH. You make it sound like lying is an advantage and that is a straight bag of crap.

  29. donovandancy says: Apr 19, 2014 11:26 AM

    So apparently dhardy8207 doesn’t know that title 9 investigators arent police. Either that or he doesn’t know enough about the actual investigation where Winston spoke with the police on 3 occasions. Once for the interview, and twice with Willie Meggs and reps from TPD. (meggs is the state attourney, figured he wouldn’t know that either).

    He said every time that it was consensual, and walked through the account. His statement was backed up by a video his roomates at the time took, as well as texts that the girl sent him afterwards.

    I guess dhardy doesn’t know much at all.

  30. texags25 says: Apr 19, 2014 11:36 AM

    Similar situation happened at Michigan. The kicker, Brendan Gibbons was accused of rape. Girl went to hospital that night, but both school and police seemed to dismiss the charge. Four years later, Gibbons was expelled from school for that same infraction.
    Michigan is also under investigation for Title IX issues, more for extended time frame. Here’s where Winston may also be in trouble. For a criminal case, “beyond a reasonable doubt” is required. Depending on how FSU has written it’s school code only a “preponderance of evidence” may be required. And like the Michigan case, while Winston may not be charged, he may be expelled.

  31. stopthemadness101 says: Apr 19, 2014 12:33 PM

    The so called victim refused to name the suspect, changed her story repeatedly, and went on her white trash life like nothing happened. She didn’t and still has no credibility, which is the main reason charges weren’t pursued. This is just a bunch of posturing to support her money grab lawsuit. People who want Jameis to be guilty won’t be swayed despite any amount of facts.

  32. jimmy53 says: Apr 19, 2014 2:12 PM

    Texags25:

    While I understand your ill conceived point–the Michigan case and this one are vastly different—do more research into the actual cases and it’s plain to see.

  33. Deb says: Apr 19, 2014 2:36 PM

    @35longmiles …

    GTFOH? No, I don’t think so. It’s not my fault you’re too simple-minded to understand what I said, and therefore completely distorted my comment. Yes, the Innocence Project is relevant to this discussion and provides a boatload of data for anyone researching interrogation techniques and the pitfalls of assuming it’s okay for the innocent to just run off at the mouth to the authorities with no fear of repercussions. When the conversation is over your head–as this one so obviously is over yours–it’s best to remain silent and be thought a fool than to post and confirm it.

  34. musketmaniac says: Apr 19, 2014 4:19 PM

    Deb your going to spin off the planet.

  35. musketmaniac says: Apr 19, 2014 4:20 PM

    pia zadora anyone

  36. dhardy8207 says: Apr 20, 2014 8:58 AM

    donovandancy says:
    Apr 19, 2014 11:26 AM
    So apparently dhardy8207 doesn’t know that title 9 investigators arent police. Either that or he doesn’t know enough about the actual investigation where Winston spoke with the police on 3 occasions. Once for the interview, and twice with Willie Meggs and reps from TPD. (meggs is the state attourney, figured he wouldn’t know that either).

    Please refer to the following information:

    “The TPD’s initial encounter with Winston regarding the allegations came via the telephone, which allowed the player the opportunity to “lawyer up” before he could be questioned:

    Mr. Meggs said he was shocked that the police investigator’s first attempt to contact Mr. Winston was by telephone. “He says, ‘I have baseball practice, I’ll get with you later,’” Mr. Meggs said. That call allowed Mr. Winston to hire a lawyer who told him not to talk.

    “It’s insane to call a suspect on the phone,” Mr. Meggs said. “First off, you don’t know who you are talking to.” He said he would have gone straight to the baseball field. “If you walked up to Jameis Winston in the middle of baseball practice and said, ‘Come here, son, I need to talk to you,’ he would have said, ‘Yes, sir.’”

    Now, note the first sentence in the above quote; “It’s insane to call a suspect on the phone”, and then he list the reasons why that is not the appropriate way to handle such an investigation. Go back even further in the above quoted statements of the SAO and you’ll find that Winston was able to brush off the initial request for information from the TPD with “baseball practice”.

    This is why FSU and Winston are still dealing with this. IT WASN’T INVESTIGATED PROPERLY FROM THE BEGINNING. All your tripe about when he met with police and what was said is obviously tainted, why? BECAUSE THEY DIDN’T FOLLOW NORMAL PROTOCOL FOR INVESTIGATING THIS COMPLAINT OR CHARGE. Had it been you, me or any average Joe, his arse would have been spoken to in person without delay.

    Being a fan of a university doesn’t mean you abandon all that is normal and reasonable just to secure the idea that he is without doubt innocent of these charges. Because of the lackluster way this was handled, the SAO had no choice but to not proceed with charging him for the crime. Doesn’t mean he is innocent or guilty, just means the university officials and particularly TPD gave him enough space and time to create reasonable doubt.

  37. packerbadger says: Apr 23, 2014 5:41 PM

    Was this “woman’ violently raped? Or did she have sex with the guy and then say she was raped when she either figured out she could make some $$$ or felt guilty afterwards? I’m guessing its the latter.

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