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Discussion in 'Swamp Gas' started by UFLAW81, Nov 14, 2013.
Very good read
I want to give you an extra "like" for the Kimber reference.
Yeah but just because my hashtag is #1superslut doesn't mean it wasn't rape. It doesn't matter if she wanted to have sex and then changed her mind - if she says no - it's rape.
Such an amazingly simple definition even the noles should get it.
This "information" was just more of the faithful trying to paint a victim as a bad person so they can feel so, so good about their love for yet another likely nole scumbag they idolize. It should be expected they will continue to do so throughout the rest of this season and into the next.
I've read through every page of stuff that's been released so far and not ONCE did she claim she was anally penetrated, nor did the physical exams reveal that. You and bantab are off base on that.
This is the one that is upwards of 200 pages
Here is the SAO's report:
1. Everyone at the bar state the victim was not wasted or falling down drunk nor did she exhibit any other signs that would explain why her memory from that evening was spotty. Her friend even stated that she let her leave the bar because she thought she was "fine."
2. XX voluntarily left the bar to meet up with Winston, Casher, and Darby after getting a text message they were outside and leaving.
3. That text message was deleted tat some point and XX stated she doesn't know how it happened.
4. XX told two slightly different versions of her story: one where she said she was hit on the head and one where she did not.
5. XX spoke with her boyfriend at the time after the incident. Boyfriend stated he spoke with XX that night after the incident but would not discuss the case unless subpoenaed.
Read it all. It paints a very different picture than the one from the TPD report.
To the lawyers - would you prosecute this case?
Additionally - the report clearly states there was no anal intercourse.
Depends on what your standard to prosecute is.
I think that I could survive a motion for a directed judgment of acquittal on those facts - that is I think that there are sufficient facts that a reasonable jury correctly following the applicable law could convict - but once you start getting into what the relative likelihoods of conviction are that becomes a less clear line.
The issue is where you set the standard, because the incomplete proof issues and a lower likelihood of conviction become issues to some degree in pretty much any rape case other than perhaps an identifiable stranger snatching someone into an alley or something like that.
But the thing is, just like the Anthony case and the Zimmerman case, just because they might be found not guilty didn't mean there shouldn't be a trial. They wwas enough to doubt their innocence, and end the end, there was enough for a jury to have doubts. Im ok with that. Its a jury's job to take all things into account, and if you can't draw a guilty verdict that you can be 100% sure that the person deserves to face the punishment for it, so be it. While I didn't agree with the verdicts, I didnt see all the evidence or testimony,nor was I privy to what went on in the jury room. They were found not guilty, unable to convict because it wasnt enough to convince the jury, on whose head it rests. I think there should be a trial here. But that would scuttle the Noles season, and Lord forbid that happen.
Yes, I don't understand why one person has the power to decide what goes to trial and what does not. Seems like they would then make decisions inclined to ensure they never lost. You shouldn't not go to trial just because you might lose.
I was very hopeful that the SAO investigation would be marginally more competent than the TPD version. Instead, we are left with a document that is entirely antagonistic to the State's case, failing to subpoena even the most rudimentary of details, such as the alleged assailant's text messages, which were implied to have been sent to the alleged victim. In addition, records from social media, which are stored for upwards of a month even upon deletion of an account, were not even attempted to be retrieved.
In it, the State highlights minor inconsistencies in the alleged victim's account and the counsel-seeking behavior of possible first complaint witnesses, while ignoring the same minor inconsistencies and counsel-seeking behavior of the defendant's witnesses. It reeks of a prosecutor finding reasons not to proceed rather than finding possible avenues to prosecute.
And yes, I too noticed that the health care provider failed to take internal anal swabs from an alleged victim who had semen present on her anus (and not inside or outside her vagina, where she claimed the alleged assailant ejaculated), and who was eager to prevent embarrassment at every turn - when questioned about the source of drinks, when questioned about her boyfriend, and when contacting her parents. It does seem like yet another unfortunate omission in a case filled with them.
After a re-read of the 86-page documents, I still can't find the police interview of Darby days after he submitted his terse affidavit. I did re-read Casher's interview by the police and it has many inconsistencies with his affidavit from just days before. The affidavit says, "I witnessed them both take each other's clothes off and lay on the bed. Jameis and the blonde female began having intercourse. As a joke, I busted into the room to embarrass Jameis. The girl yelled at me, "get out." She got up off the bed and turned off the light and tried to close the door. I could hear them continuing to have sex. She never indicated that she was not a willing participant." In the interview he says, "Once back at their apartment (Casher and Winston were roommates), the female and Winston went into Winston's bedroom. After about 10 minutes Casher and Darby peeked in the room and saw the female performing oral sex on Winston. Casher stated the door to Winston's room was broken and did not latch closed. A few minutes later he watched as the female and Winston removed their own clothing and climbed on the bed and began to engage in sexual activity. Casher stated he went into the room to see if the female would engage in sexual activity with him as well (as has happened with other females he and Winston have brought back to their apartment); however, the female saw him and told him to get out. A little while later, Casher stated he tried to video tape Winston and the female; however, when the female saw him she again told him to leave. The female then turned off the light and went with Winston into the bathroom."
1. TWICE bursting into Winston's room in the affidavit as opposed to the interview.
2. Changing the motivation for his interruption in the affidavit as opposed to the interview.
3. No mention of sexual activity in the BATHROOM in the affidavit as opposed to the interview.
4. No mention of trying to videotape the sexual activity by Casher in the affidavit as opposed to the interview.
Darby's account differs from Casher's account in the following ways:
1. Casher mentions oral sex with the victim on her knees, but Darby says she was seated on the bed when he observed the oral sex.
2. Darby makes no mention of sexual activity (after she closes the door and turns off the light) in the BATHROOM as opposed to Casher's interview. Darby also doesn't explain how she magically closed the door with a broken lock.
3. Darby doesn't mention that Casher wanted sex with the victim, too.
4. Casher does not mention Darby leaving just as the victim is leaving with Winston on the scooter.
Also, why doesn't Meggs have the decency to PERSONALLY interview the witnesses himself? He supposedly interviewed the victim, but not JW nor his accomplices. He sent his hatchet man, Det. Angulo to interview them. Remember that Angulo was the jerk who stonewalled the investigation back in Jan./Feb. and gave the football town warning to the victim.
Talk about a whitewash...
The 1/2 ass u culture, invented not by rapeis but Bowden, with his disgusting plea's for mercy for his player in 1994,convicted of several rapes. Dadgummit,,,,,, boys will be boys you know. Not to beat a dead horse, no pun intended, but weren't ole bobby and Paterino good buds???
Geraldo just ripped him to shreds. Says every Heisman voter needs to read all the police reports before voting on the Heisman. The volcano is building up.
It's right after Casher I think, and is nearly a parrot of Casher. There are differences from each of their affidavits and their own accounts, Darby the most obvious.
Wow, Gerald thinks he's questionable...
Yes the same detective who wanted/wants a job with the Seminole Boosters
Now that's home cooking for you!
Things about this cleat chaser stuff is that it's total baloney. It was a story concocted by fsu fans (mostly their idiot internet fan base) who were trying to smear this girl's character in order to save their NC season. Meggs himself pointed out in the presser the girl never had any sort of affiliation with Winston before this. She didn't even know who he was at the time. She got corralled, probably roofied, and taken back to an apartment where Winston and his gang of rapists had their orges with drunken or drugged girls.
This girl either 1) Got roofied at the club and that led to her memory lapses that Meggs said were so important in his determining this case, or 2) Her memory lapses were caused by the metal and emotional trauma of the rape itself, which, btw, can cause these lapses.
VICTIM: Reports rape and has rape test conducted. According to research in only 2% of cases where a woman consents to a rape test within 24 hours of the assault is the accusation proven false. BAC was in the neighborhood of .1 to .12 at the time of the assault. Blood and Urine were tested 40 days after the assault. “Roofies” dissipate from a testing sample within 15-20 days. Her story varies slightly because she “can’t remember “all the details.
TPD: Failed to test blood and urine in a timely manner (40 days later). Failed to go to Potbellies to retrieve video of the night in question. Informed Winston and his attorney of the allegation before informing the victim (so they can get their stories straight). Tells the victim “Tallahassee is big football town, you will be raked over the coals and your life made miserable”. Failed to attempt to retrieve the video Winston’s buddy claims he took that night. Failed to check the alleged broken door for 11 months (if they ever have).
CASHER: Takes video of the encounter, but no attempt is made to find it and know it is gone. Changes his story about trying to embarrass Winston to one of him wanting to join in, because he often does. Also, his story doesn’t match up with them finishing in the bathroom.
MEGGS, SAO: Graduate of Leon County High School, FSU and FSU Law School. Eats giant jawbreaker during conference that is audible on camera. Makes jokes about group sex – laughs his way through conference.
CAPPLEMAN: Daughter of former FSU Quarterback
ANGULIO: Lead detective and FSU Alumni. Worked security for FSU booster clubs.
WINSTON: Wins Heisman? ACC Championship? National Title?
VICTIM: Member of #cleatchasers. Knew Winston beforehand. Hung with him afterward. Photos of them together.
TPD: Followed all typical protocol for an investigation of this magnitude.
CASHER: Story never changed.
MEGGS, CAPPLEMAN, ANGULIO: The best in the business.
Best case scenario according the known facts: Winston is a bi-sexual dirtbag. He took an intoxicated woman home, spent one hour with her, had sex with her, and dropped her off in the middle of the night on the side of the road right before his girlfriend came to town. If things had gone Casher’s way they would have been sword-fighting over her. I’m sorry, and I am no prude, but if I was having sex with a hot co-ed and another dude shows up with his Johnson in his hand to cuddle with us, the scene would get ugly.
Worst case scenario according to the known facts: Winston is a rapist.
I heard this morning from Winston's lawyer on NPR that Winston may pursue civil case against victim. Bullshit - what a joke. Another lie in the series of lies. Do it now liars. C'mon, prove you're not liars and pursue civil case - no? Scumbags...
It will only take a matter of time before he gets in trouble again. Most people with half a brain would keep a clean nose forever if they were involved with this disaster guilty or not. A dunce like Winston who seems to be at best immature and at worst a rapist will find himself in another big pile of crap soon enough. Rather than being a better person they usually become more self centered and advance their needs over those who they now know cant defend themselves. OJ and Aaron Hernandez come to mind. Not too many of these guys use this as an opportunity to be better human beings...I fully expect we haven't heard the last from JW.