My Thoughts on the Winstongate Scandal

Discussion in 'Swamp Gas' started by UFLAW81, Nov 14, 2013.

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  1. UFLAW81

    UFLAW81 VIP Member

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    I don't recall anyone publicly detailing the contents of the rape kit. If there is evidence of force that has been made public I am not aware of it.
    What seems to be at issue is the victims state of mind.
    It was first reported that she was intoxicated.
    Then the lab results came back showing she wasn't
    Of course, none of that should have been made public.
    So, if she was evaluated for intoxication it suggests she was under the influence of something.
    It may be that something that the SAO is trying to get further information about.
    Using a date rape drug is an enhanced Felony.
    Evidence of this may result in the arrest of at least one of Winstons alibi witnesses.
    We will see.
  2. 92gator

    92gator Well-Known Member

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    I thought I read that the rape kit showed defensive wounds/signs of resistance somewhere; I'll have to dig to find where I got that from.

    But you bring up a very interesting angle I hadn't heard mentioned anywhere--date rape drugs. IMO, if she tested positive for that, there would be ZERO reason for Meggs' not to prosecute.

    With the DNA putting JW in her pants, the burden would shift to JW to explain away the simultaneous presence of a known date rape drug. That's almost a slam dunk. I doubt very seriously any such drug was found in her.

    She made a claim of rape; he counters with consent--SAO is determining if it can rule out 'consent' conclusively.

    Presence of a date rape drug would do just that, imho.
  3. jrcg8tor

    jrcg8tor Premium Member

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    I have thought all along that if he is not charged and they go on to win the NC it could turn out to be FSU's worse nightmare. If you think the tainted title article following their first title was bad, what is this one going to look like? If he wins the Heisman can you imagine the rocks that some investigative media will be looking under?
  4. OaktownGator

    OaktownGator Well-Known Member

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    Good point... SI may already be gearing up for "Tainted Title II"... they can include references back to the prior one and add in the new stuff. In the long haul for FSU it's a championship either way, but in the short haul that is some ugly pub.
  5. BGator

    BGator Member

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    It hasn't been detailed to my knowledge. The only thing I have seen regarding this is the original redacted police report. It states that pictures were taken of the victim's injuries.

    Having said that, I'm not sure what this could mean. Would the investigator on the scene take pictures of her body regardless of signs of injury, just to be safe, even if there were no signs of injury (as a matter of procedure)? Or would that investigator only take pictures if there were obvious signs of injury. If the latter, that would indicate that there were at least enough signs of injury to take pictures of them and state so in the police report...
  6. 92gator

    92gator Well-Known Member

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    I'd like to believe that you are right here, but I don't think it would amount to much. We'd all know; but it would soon be forgotten, on a national basis.

    Didn't Lawrence Phillips of the '95 cornhuskers have a rape allegation levied against him? Not much taint stuck to that team.

    I'm sure there are other examples, but seems like there have been many players in big time games, and the stench--while it may stick to the player for life--seems to be lost on the teams they played for.

    imho.
  7. 92gator

    92gator Well-Known Member

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    Well, there is this--from the original TMZ story, citing the police report--'...photos taken of vic's injuries'..."--what 'injuries' result from consensual sex? "Injuries" seems to buttress her contention that physical force was used--not that sex was consensual. But I suppose you are correct, no info. from the kit itself, has been made public.

    Here is excerpt and site from TMZ report:

    Read more: http://www.tmz.com/2013/11/13/jamei...ck-investigated-sexual-assault/#ixzz2mXLGyol5
  8. jrcg8tor

    jrcg8tor Premium Member

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    I understand your point 92gator, but the 24 hour news cycle is a little greater now and you have more sports reporting entities doing more investigative work. Yahoo has been doing this a lot of late. Factor in there is another Nole player awaiting trial on a sexual assault charge in Greg Dent. Granted the cases are unrelated but I think the comparisons will be made.
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  9. 92gator

    92gator Well-Known Member

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    ^^^like I said, I would like to believe it--I certainly hope I am wrong.

    I just feel like I've seen this movie before, and remember not caring much for the ending.
  10. Welshgator

    Welshgator Well-Known Member

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    http://thebiglead.com/2013/06/10/gr...sault-against-female-friend-during-sleepover/

    Just seems to me, after reading the article in the above link, that the case against Winston should be much stronger than the one against Dent, especially if the argument is put forward that the accuser knew Winston before the rape accusation (which she evidently did not). The girl involved with Dent knew him for a long time and as a family friend. She spent the night in his bedroom and had slept over with him before.
    Still surprised TPD could suppress this so long.
  11. UFLAW81

    UFLAW81 VIP Member

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    the report references the following subsection of the statute;

    "A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115."

    Photo's are taken to demonstrate the lack of serious injury, which is of course, somewhat subjective.
  12. horanic

    horanic Active Member

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    The date rape drug would certainly make it more difficult for the accuser to identify the rapist.

    The news world is looking for a new story and unless another Columbine happens between now and the decision to charge day you can rest assured Nancy Grace and Andersen Cooper will be on site as soon as either a charge or dont charge decision is voiced.
  13. RemainCalm

    RemainCalm Active Member

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    What is weird is the main stream media's lack of "interest" in this case. If this was Penn State, USC, TOSU, UF, Miami, Alabama, or 10's of other schools, the main stream media would be in killing the SA's office 24/7. They would basically be forcing Meggs to do something. Instead, they sit back and act like nothing happened.
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  14. 92gator

    92gator Well-Known Member

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    Not sure which way you're going with this.

    Identifying the [alleged] rapist is a non-issue here, since the DNA test already put JW in her pants.

    ( or are you pointing out that that could be why she had difficulty in id'ing him in the first place?)

    ???
  15. horanic

    horanic Active Member

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    Yes I am pointing out that the drug would make it difficult for her to id him in the first place. It does make sense.
  16. 92gator

    92gator Well-Known Member

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    Not necessarily. The photos are taken to capture the state of the crime scene--and in this case, the victim. What the photos show, can be argued either way.

    So while they can surely be argued to disprove 'serious injury', as you mentioned--that would presume that a rape had occurred, and therefore the 'injuries'--or lack of serious injury--would mitigate the punishment.

    At this juncture however, the significance of those photos, on their face, is that physical force was used. The vic. sustained injury.

    Again, vic. claims rape; alleged perp. counters with consent.

    Injury isn't a necessary element for rape--but it certainly undermines 'consent', and buttresses rape.
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  17. 92gator

    92gator Well-Known Member

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    Ok, I won't argue that it doesn't make sense. Point taken.

    However--and this is a sincere question--if date rape drug(s) was/were found in vic, AND DNA puts JW in her pants, AND vic. swears rape...

    ...what possible reason could there be, for the SAO to hesitate in bringing charges?

    I don't see any reasonable basis for delaying, at that point. It's a slam dunk.

    What could wit. affidavits possibly allege, that would negate the date rape drug? That she took it voluntarily?

    Why would SAO want Wit's DNA?

    Not saying it's impossible--just that 'date rape drug' found in vic, doesn't fit the few pieces of the puzzle we have to work with.

    Not that I can tell anyway. Please enlighten me with what I am missing, if I'm way off base here.
  18. UFLAW81

    UFLAW81 VIP Member

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    I agree with you.

    But the TPD report seems to avoid the issue of force.
  19. 92gator

    92gator Well-Known Member

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    ^^^fair point. But it did say they took pics of injuries--from which I infer that she sustained injuries--else I'd expect the report to say "photos of the vic. were taken"--not of "vic's injures".
  20. UFLAW81

    UFLAW81 VIP Member

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