Jameis Winston investigated for sexual assault - and...no charges to be filed...

[bamacon]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

I think that the Justice dept can intervene anywhere they please for whatever the reason. It is the job of the Justice dept to oversee that prosecutions or lack of them are done according to the law. I believe this is intended to provide oversight guarding against local bias. There was the TPD sitting on this for 11 months, and who knows---maybe Meggs owes political favors to well heeled FSU boosters he has to appease?

Also, just get some high profile rabble rousers to make noise and attract nat'l TV, and this Justice Dept. is very likely to jump in for the political expediency, warranted or not.

This is Nancy Grace's wheelhouse...

 

[bama579]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

We all have our own opinions & I think there's just too much pressure & National coverage for them not to go forward without charging Jameis..I think he's making sure he's got everything in order before pressing charges..I think he's going to have to charge him & let Jameis prove his innocence in court..JMO

Or the prosecution - if Winston is charged - would need to prove his guilt in court. Presumed innocent until proved guilty, right?

 

[BigEasyTider]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

We all have our own opinions & I think there's just to much pressure & National coverage for them not to go forward without charging Jameis..I think he's making sure he's got everything in order before pressing charges..I think he's going to have to charge him & let Jameis prove his innocence in court..JMO

That's the dichotomy here, lot of national pressure to file charges, but a tremendous amount of local pressure to the drop the case. Either way, pressure-packed decision.

 

[Snuffy Smith]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

That's an academic discussion because the feds are never stepping in here. Either Meggs brings the case forward with a prosecutor's affidavit or the case is closed. Period.

Not from a criminal standpoint - but you know the victim's attorney is well aware of this law

http://en.wikipedia.org/wiki/Violence_Against_Women_Act

 

[bamacon]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Article on the TPD

They got some problems in that dept. and this many events suggests a culture-type problem...

LINKY to Article

 

[BigEasyTider]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Or the prosecution - if Winston is charged - would need to prove his guilt in court. Presumed innocent until proved guilty, right?

Obviously that's the case -- prosecution has the burden of moving forward and proving all elements of the crime beyond a reasonable doubt -- but that's not to say the defense doesn't have a de facto burden of its own, and with halfway decent alleged victim testimony, combined with the DNA evidence, Winston's legal team would have to do a decent bit on their defense case to get an acquittal. They're not just sitting over there at the defense table waiting for the prosecutor to shut up and close the People's case-in-chief.

I will add, though, in addition to the post above and just to note how much is at stake here for the State Attorney, can you just imagine the backlash in Tallahassee and far beyond if Winston is charged, which all but certainly costs him a Heisman and possibly the remainder of his collegiate career (and quite possibly FSU a national championship), and the jury returns an acquittal?

I think this is a pretty simple case in that respect: Unless Meggs is convinced he can get a conviction, he's not going to bring charges. Too much backlash if they swing-and-miss at trial.

 

[TIDE-HSV]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

....like her attacker was 5'6" or 5'8"? DNA don't lie....if no one else's was present, then whatever he is waiting for to file charges must be big.

Thought she'd said 5'11"?

 

[DocCrimson]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Thought she'd said 5'11"?

There's so much misinformation now that I can't be certain, but I'm almost certain the report said 5'11"

 

[im4uainva]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Or the prosecution - if Winston is charged - would need to prove his guilt in court. Presumed innocent until proved guilty, right?

Most definitely! But a charge has been made and the attempt to ascertain the truth seems to be somewhat lackluster (in a lot of people's opinion). Perhaps my wish to see this ended quickly is because of all of Bama's possible opponents, my concern is the talent of the accused. I see JW as the biggest obstacle to #16. Does this make me a bad person? Possibly. By the same token, does that also reverse to the FSU fan base? Are they fearful enough of JW being responsible for said accusation and being made to sit out the BCSCG? When all is said and done, I just would like to see justice done for all involved. I hate it that my desire for a NC may be clouding my judgement as to how quickly the wheels of justice should be turning.


Roll Tide, Roll...A'ight!

 

[DocCrimson]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

I will add, though, in addition to the post above and just to note how much is at stake here for the State Attorney, can you just imagine the backlash in Tallahassee and far beyond if Winston is charged, which all but certainly costs him a Heisman and possibly the remainder of his collegiate career (and quite possibly FSU a national championship), and the jury returns an acquittal?

I think this is a pretty simple case in that respect: Unless Meggs is convinced he can get a conviction, he's not going to bring charges. Too much backlash if they swing-and-miss at trial.

Not disagreeing that this is how it will play out, but that's not how it's supposed to be.

 

[BigEasyTider]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Not from a criminal standpoint - but you know the victim's attorney is well aware of this law

http://en.wikipedia.org/wiki/Violence_Against_Women_Act

The victim's attorney has nothing to do with VAMA in a criminal context, and for what it's worth SCOTUS struck down much of the statute as unconstitutional several years ago (i.e. the prong of the statute which allowed alleged victims to bring a civil case against an uncharged defendant/alleged perpetrator in federal court).

And besides, in a civil context, that doesn't really matter because the victim can still bring a civil assault and battery case against Winston under Florida state law and get a ton of money (which I suspect will happen if the criminal prosecution goes nowhere and if/when Winston goes on to make big money in the NFL). Even if Meggs ultimately decides not to prosecute here, I think it's pretty clear this little ordeal is going to, at the bare minimum, cost Winston a lot of money.

 

[BigEasyTider]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Not disagreeing that this is how it will play out, but that's not how it's supposed to be.

I know what you mean, but I'm afraid you and I both know how the world works. It just is what it is sometimes.

 

[BigEasyTider]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Two points on the height issue, again:

(1) The initial police reports and medical records have not been made public, so really any discussion as to the height she allegedly identified the perpetrator as being is just speculation, likely based on some off-record source of uncertain (yet unverifiable) credibility.

(2) Regardless of what height she indicated, it's entirely irrelevant at this point because of the DNA results. If Winston is ultimately charged -- which may not happen, mind you -- the defense can only defend as to consent, nothing more (and that applies to both a criminal prosecution and later a civil lawsuit). They can't defend as to presence, identity, contact, etc., so it doesn't really matter the least how tall she may (or may not) have said the perpetrator was. Either she consented to the contact or didn't, that's the only real question in the case. The rest is just hot air and talking points.

 

[twofbyc]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Thought she'd said 5'11"?

There's so much misinformation now that I can't be certain, but I'm almost certain the report said 5'11"

Maybe she did...my point was that there were problems with her original testimony, and she only fingered him much later. But the fact that "he was there" I think, at this point, is a given. Only question is: was anyone else? If not and it was just him, it's a he said/she said depending-on-the-rape-kit case, which could go either way. I have recently seen on 48 HRS/Dateline juries that have acquitted with more evidence and convicted with less.

 

[MOAN]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

I for one am glad the states attorney is being very deliberate about pressing charges considering whats all at stake here for all involved. I think at times there is a quick rush to judgement by DA's across the country and therein lies where mistakes happen even incarcerating innocent people.

This case taking so long to come to his attention may have created more evidence in the aftermath of the crime, albeit hearsay, but if there is anything out there to discover that would help prove or disprove the case it needs to be found. It may only happen on Law and Order shows but I would think the last thing a DA would want is to have some late damning information of his case come to light during the middle of the trial. Like say the accuser admitting on tape to a girlfriend that she was going to get him or something. Or maybe someone coming forward later after he decides not to indict with evidence that Winston bragged about doing it. Purely hypothetical but you get the point I hope.

One day this will make one heck of a movie or documentary on ESPN!!!

 

[BJ4TIDE]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

In regards to the height estimation she gave in the original report, be it 5'8", 5'11", or whatever measurement, one would have to consider that she would have been pretty distraught if she had just been raped. Additionally, have you ever had someone estimate a driving distance from point A to point B and drastically over or under estimate? Have you ever heard someone describe another person and over/under estimate the person's height? I hope her estimation of height doesn't carry much weight in the DA's case.

 

[TIDE-HSV]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

Obviously that's the case -- prosecution has the burden of moving forward and proving all elements of the crime beyond a reasonable doubt -- but that's not to say the defense doesn't have a de facto burden of its own, and with halfway decent alleged victim testimony, combined with the DNA evidence, Winston's legal team would have to do a decent bit on their defense case to get an acquittal. They're not just sitting over there at the defense table waiting for the prosecutor to shut up and close the People's case-in-chief.

I will add, though, in addition to the post above and just to note how much is at stake here for the State Attorney, can you just imagine the backlash in Tallahassee and far beyond if Winston is charged, which all but certainly costs him a Heisman and possibly the remainder of his collegiate career (and quite possibly FSU a national championship), and the jury returns an acquittal?

I think this is a pretty simple case in that respect: Unless Meggs is convinced he can get a conviction, he's not going to bring charges. Too much backlash if they swing-and-miss at trial.

I've about come around to this view. His remark about these cases being hard to win points in that direction. That's not typical DA talk. OTOH, There's LD's observation that he's had a rep for going after athletes and he's not running for reelection, so who knows?

 

[TIDE-HSV]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

In regards to the height estimation she gave in the original report, be it 5'8", 5'11", or whatever measurement, one would have to consider that she would have been pretty distraught if she had just been raped. Additionally, have you ever had someone estimate a driving distance from point A to point B and drastically over or under estimate? Have you ever heard someone describe another person and over/under estimate the person's height? I hope her estimation of height doesn't carry much weight in the DA's case.

It shouldn't. As someone observed above, all the height estimation means is "a lot bigger than I."

 

[KrAzY3]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

It shouldn't. As someone observed above, all the height estimation means is "a lot bigger than I."

This reminds me of a conversation I had a couple of months ago. I'm around 5'9, and I played basketball a lot as a teenager, and really I'm just accustomed to having guys tower over me.

Sometimes I take note, but a lot of times it does just go into the "bigger than I" category. Anyway, I spent a few minutes talking to someone, and walking alongside them, and I noticed during conversation he alluded to his size a couple of times. I hadn't thought much of it, he walked with his head down a bit, and while he was clearly bigger, I would have probably put him around 6'2. I finally asked him his height and he said he was 6'6. There are several factors in estimating height, but I can't believe people are putting so much stock in estimated height. It's a non-factor in this case, and there are a lot of scenarios in which estimating height can be way off.

 

[tidefan23]

Re: Jameis Winston investigated for sexual assault - update: DNA match found

If this was consensual with a girl he just picked up at a bar, why didn't he wear a condom? Is he that stupid?