Originally Posted by bucksfan2
I really don't know what to think about this. When the reports first surfaced about a week ago I thought this case going to the state attorney's office was a ploy because Winston was famous. But the more details that come out, it is looking worse and worse on both Winston and FSU.
If the woman claimed she was raped, and the police had her underwear wouldn't they have don't a rape kit as well? Its unfortunate but I can buy into the Tallahassee police "telling" her that she doesn't want to proceed with charges. I don't think any program should make snap decisions (see Dez Wells) but things are getting worse for Jamis.
Right now we have an anonymous accuser claiming she was raped, a garment belonging to the victim that has Winston's DNA on it (we know this because the police collected a sexual assault kit the day that the incident was reported and Winston volunteered a sample of his DAN last week), a denial by Winston that there was a rape, and affidavids from two people who were with the alledged victim and Winston who don't corroborate the victim's story in sworn statements.
The police have the accuser's testimony and evidence collected during a rape kit. The accuser also quit cooperating in February essentially making it much harder to effectively investigate especially since they had to contact Winston through a lawyer. That DNA matched really isn't even a major issue. If Winston didn't deny sexual contact and affidavids suggest a consensual situation, it most likely comes down to whether there were any injuries observed suggested of rape. Apparently the accuser wasn't legally intoxicated given the letter from the family so there isn't even that potential issue of consent.
If the above is accurate, then this is a "he said/she said" situation where the accuser quit cooperating and the accused retained a lawyer almost instantly. Even if Winston would be indicted, this is probably the worst case scenario in terms of trying to get a conviction.
The Tallahassee police look bad but they really had zero to propel this case from February on while the accused apparently had witnesses casting doubt on the facts. I think any marks/injuries is going to be a key issue. I also don't buy for a second that Winston's room mate witnessed a rape and police refused to interview him. I could be wrong, but that assertion really needs to be proven.