Posted January 09, 2014

Jameis Winston’s accuser plans to sue Heisman Trophy winner

NCAAF
 Jameis Winston will try to lead Florida State to the third national championship on Jan. 6. (AP Photo/Chuck Burton)

Jameis Winston led Florida State to its third national championship. (AP Photo/Chuck Burton)

The attorney for the woman who accused Florida State quarterback Jameis Winston of rape said her client plans to file a civil lawsuit against the Heisman Trophy winner, the Tallahassee Police Department and possibly Florida State University.

Pat Carroll, representing the woman who claims Winston raped her in December 2012, told ABC News: “I want heads to roll.”

In December, Florida state attorney Willie Meggs declined to pursue sexual assault charges against the Seminoles quarterback, citing a lack of evidence and gaps in the accuser’s story.

Carroll said the Tallahassee Police Department’s negligent handling of her client’s case led to Meggs’ decision to not pursue charges.

“Absolutely you’re going to see a civil suit,” Carroll said. “You can not have law enforcement that is not held accountable.”

Carroll said, “The family is proceeding, with civil action against the TPD and Jameis Winston. And possibly the university.”

BURKE: Jameis Winston and other 2014 NFL Draft prospects

Tallahassee Police Chief Tom Coe said in December that his department “took the case seriously, processed evidence and conducted an investigation based on information available at that time.”

Winston led Florida State to a last-minute 34-31 win over Auburn in the BCS national championship game Monday night.


161 comments
atmorris8117
atmorris8117

Might as well wait until JW goes pro and gets some real money.  Her case against him is much stronger than the TPD, which will have qualified immunity.  To succeed versus TPD will require a showing of intentional wrongdoing and those are the type of claims that could be dismissed on a motion. 

ValJones
ValJones

All you victim blaming, rape apologists need to get over that fact Winston is a narcissistic sociopath. All the victim shaming is not going to hide the fact he WILL be liable for sexual assault in Civil court. 

Now, please continue with your victim trashing......it only shows anyone with half a brain, who the REAL trash is = the hateful posters that do it.

btcvsolo
btcvsolo

Gold digger/spurned chick. Athlete. Over zealous/over-confident lawyer.


Where have I heard this before?

JohnFLob
JohnFLob

Gloria Allred (A.K.A. Pat Carroll) seeking ego inflation and notoriety again and again and again. If she can become notorious enough she can double or triple her fees. Why didn't the "poor little innocent" victim contact her aunt in December 2012? Zephyrhills is not that far from Tallahassee. She is 160+/- years too late to be one of the California gold diggers.


An onerous pattern is emerging. Every 30 days +/- hold another photo-op and issue another threat. WOLF! WOLF! WOLF! and THE SKY IS FALLING!!!

NickClappas
NickClappas

FSU national champs!! Suck it haters!!!

WbfHaddock
WbfHaddock

Would not be surprised at all if she has a strong case.

MidwestGolfFan
MidwestGolfFan

The overriding moral of the story is that once again, old-fashioned, "outmoded" values triumph:  young people should keep their pants on.

Pat11
Pat11

So you guys are saying a year ago she just happened to report a rape incase this guy who had never taken a snap in a NCAA game and wasnt even the starting QB at the time would to on to eventually win a champsionship a year later so she could get paid. If that is true I'd say that girl has a nice future as a NFL or college scout. Winston wasnt on anyones radar prior to Sept of this year and she filed charges 9 months prior to that. I'm not saying he raped her but to say that girl only reported a crime a year ago for money has no merit.

airmjbsanders
airmjbsanders

I'm sorry, but the number parties being sued here really makes this look like the accuser is only after $$$.

swededawg52
swededawg52

Well, maybe the big FSU donor Attorney General may have to explain some things too as to why he chose not to pursue the case. 

x72
x72

Money grubber

Voiceover310
Voiceover310

She will get some $$ out of this, Jameis might fight it but the police and university will settle out of court to make this all go away. Which in turn will create more scan less college girls who will give it up to potential pro athletes so they can feel "special"

JackJackson1
JackJackson1

Only raping was Benjamin's match up on Chris Davis with 0:13 to play

HarshRealities
HarshRealities

Did anyone go online and read the accusers statement? The accuser stated that she was so drunk that she had memory lapses. That was lie #1 because toxicology showed that her BAC level could have been no more than .10 at the time of the sex. She then stated that someone must of put something into her drink causing the memory lapses. That was lie #2 since toxicology showed no drugs in her system. Then she said that her memory lapses could have been caused by hitting her head. That was lie #4 because no sign of injury was found on her skull. She stated her attacker was between 5'9" and 5'11". Winston is 6'4" so that was lie #4. She stated that she was so drunk that she had memory lapses but was able to ride on the back of a scooter back near bar she first met Winston and her friends. Lie #5. She had no physical signs of being raped, no bruising, no DNA under her fingernails from trying to fight off an attacker, no torn clothing. She described her attacker as polite. Who describes a person who rapes her as polite? Then after the tests come back showing 2 separate DNA samples in her panties she clams up and won't cooperate with the police. How many lies does someone need to be caught in before police and the State Investigator come to the conclusion that she is a liar. Remember when the DA stated that the accusers recollection of events were problematic to the case? That is the nicest way possible for a DA to state the accuser is lying without flat out saying that she was lying. I didn't even have to mention the statements the witnesses gave to the police including the ones from her friends that stated that the accuser was not drunk when she left the bar.

ValJones
ValJones

@atmorris8117 The TPD has a history of not taking rape cases seriously. There are articles on this ( I dont have links) google it. 

Which leads to believe (as claimed by her atty) they did not follow through on this investigation. So yeah, there has to be some accountability on a police Dept's failures, somehow.

Adolfis
Adolfis

@atmorris8117 Easy, TPD did not go to Potts and review the security footage at Potts. That footage could prove either her story or his. But TPD did not which to me is mind blowing since everybody in Talli knows Potts has security cameras.

historiskull
historiskull

@WbfHaddock All I have to say is hopefully BOTH sides take the stand! The part about multiple DNAs in the accusers panties and sequence of "activity" prior to contacting the police will be interesting. Carroll keeps throwing threats out against Winston, the police, and the University but the "fluids" and sequence of events need to make at least a little sense. The period (hour or so) during and after the "assault" and before filing a complaint... hmmm... the extra "juice" was a whopper - especially afterward (albeit possible but the rape test kit becomes compromised). The witnesses account just made more sense to the DA we'll see what happens in civil court.

Schmoogalicious
Schmoogalicious

@Pat11Yeah, not only should she be in big demand as an NFL scout, but a fortune teller as well!  Even more curious is the claim of the Winston defenders that she couldn't possibly NOT have known who Winston was at the time of the alleged rape, and the fact that she told police she didn't know who raped her is somehow proof of her insidious plot against him.  Apparently everyone in Florida is assumed to have memorized the names and faces of every Florida State football recruit out of high school?  Come on, folks!

MidwestGolfFan
MidwestGolfFan

@Pat11 

Women DO make false accusations of this nature, whatever their reason.  It's a very powerful weapon they have over men, and it's very difficult to counter.  

That said, she made the report, then abruptly stopped cooperating with the police a year ago.  Wilson becomes an overnight star, and suddenly, she's on fire for this.

To me, it looks like a confused young woman of questionable values looking for money and notoriety.

Mike26
Mike26

@airmjbsanders Just think what the numbers would be if the criminal case hadn't been swept under the rug a year ago....

MPWR2
MPWR2

@swededawg52 I think her multiple different stories of that night might have something to do with it.  In fact, that was the biggest reason he gave.

Mike26
Mike26

@swededawg52 He already has - where have you been?  Most prosecutors today are far too scared to go to court without almost a slam-dunk of a case.

Mike26
Mike26

@x72 Winston certainly is - as is the school PD that covered up the case in the first place.

MPWR2
MPWR2

@Voiceover310 Why, oh why, would the University ever settle such a preposterous case?

Adolfis
Adolfis

@HarshRealities


And apparently you should go back and review the timeline of events. 


1. Her BAC was .048 from a sample of blood taken at 7:22am that morning (according to the TPD report). Since the attack happened  between 1:30 am and 2:30am  that makes for 5-6 hours of sobering up.

The human body on average gets rid of alcohol at a rate of .015% an hour so that means her BAC at the time of the incident was greater than .10


2. No drugs were detected. (that is the only truthful thing about your post!)


3. I bet I could smack you on your head and not leave a mark.


4.  She is a tiny girl everybody is tall to her.


5. ummm yeah read the report, because it clearly stated that while she was at the hospital swelling and bruising had started to show. FYI  If your bruises show immediately you have a health condition and should go to a DR. .


6. Winstons DNA was the only one found on her panties. Her boyfriends was found on her shorts. That same boyfriend who had left to go back to Ohio the previous day. Many woman have said they were raped by polite people?


The SA (not DA) said her memory of the event was problematic.


They never said she was a liar. If they said that they would have charged her with filing a false report.



Oh and those statements you are talking about are from people who said she didnt seem drunk.  But besides the fact that those same people are still on campus at FSU I am sure their statements will change again just as they did in bot TPD and the SAO reports.


Harsh get your facts straight before you spout lies all over the place.

CarlosKeith
CarlosKeith

@HarshRealities"no bruising"

Wrong. Right in the medical report.

 "toxicology showed no drugs in her system."

Reportedly she was never tested for date rape drugs.



"That is the nicest way possible for a DA to state the accuser is lying without flat out saying that she was lying."

DA Meggs said, "I think something happened that night."  He explained that his decision was based on whether he thought it was highly probable that he could prove the case beyond a reasonable doubt (which is a very high burden of proof).  

look@thebrightside
look@thebrightside

@HarshRealities great post. thanks for the information. its girls like this that make it impossible to believe any of these serious accusations that ever come out and this is the real crime. she should be tried for fraud, making false statements and defamation of character. 

DoctorBallinger
DoctorBallinger

@HarshRealities  It's actually pretty common for individuals who have been assaulted to not remember everything exactly as it happened, or in the order in which it happened. Something about how trauma effects memory...imagine that. Also, how could you know how she would react to a BAC of .10? Everyone is different... Labeling women as liars and money-grabbers in these situations helps lead to a troubling trend: sexual assaults often go unreported because people are forced to re-live their experiences either in court or throughout the media, and are often vilified in the process. None of us truly know what happened here, but I believe the labels that individuals are putting on this woman based on speculation and 'facts' will only perpetuate victims' fear of reporting their attacks. 


http://www.nij.gov/topics/crime/rape-sexual-violence/pages/rape-notification.aspx (please note, this is from the National Institute of Justice ... not Wikipedia or some schmuck's blog post).

eddie767
eddie767

@HarshRealities I'm glad I wasn't the only one who noticed the girls lies. Everyone else sees 'Rape',and not statement disproving it,from accusers mouth.

Adolfis
Adolfis

@historiskull @WbfHaddock 


Apparently you have no idea what you are talking about. The 2nd DNA sample was from her boyfriend who had come into town to visit her. That 2nd sample was found on her shorts while Winstons was found on her panties.   BTW her boyfriend had left to go back to Ohio the previous day. You should familiarize yourself with both TPD and the SAO investigation by reading their reports.


And it does not answer a few questions on TPD's part.


1. Why did they (TPD)  not go to Potts and review their security footage? They had ample time in the first week or so to go but they never did. If they had gone back and reviewed the footage maybe it would have either proved her side or Winstons. But TPD did not. BTW Potts is on record as saying their surveillance recording only lasts for 45 days and then it gets recorded over. So right their it clearly shows TPD did not go back to Potts within 45 days of her making the report.


2. Why did TPD get the girls cell phone records and go back a full year prior to the incident  on all of her phone calls and text messages? And yet they did not get Winstons or Cashers cell records? They did not even get Cashers cell records even after he admitted to video taping the event with his phone? (i know he said he "tried" to video it but she stopped him, which sounds fishy to me)


3. Why could TPD not find 1 cab driver? They know the cab they used was a Yellow Cab and yet they could not figure out which driver was the one that picked them up from Potts.

MPWR2
MPWR2

@Schmoogalicious @Pat11 Well, she could have narrowed it down by saying it was a football player.  They do have their own dorms after all.

Cycledoc
Cycledoc

@MidwestGolfFan @Pat11 The accusation was immediately and the police mishandled the case.  


While making the accusation of questionable values you must include the guy.  


And no this is not so much about money but rather this  is a very annoyed family and woman who had no day in court because of a flawed (I hesitate to even give it that much credit) investigation.

MPWR2
MPWR2

@Mike26 @x72  Mike, you might want to read the police report.


From p. 33: "I was called later in the day by a Patricia Carroll. Ms.

Carroll advised she is and is also an attorney. Ms. Carroll asked that all communications go through her. Ms. Carroll advised and her family were concerned because Winston is a big name on campus and she is afraid of the consequences of pressing charges. Ms. Carroll said that she has advised to seek some counseling and then decide whether she wanted to press charges."


Sucks when the media misleads you because they listened to the accusations of a personal injury lawyer, doesn't it?

CharlieFoxtrot
CharlieFoxtrot

@MorphySmith  So you're an online tough guy?  I bet that carries over into the real world seamlessly...................

MidwestGolfFan
MidwestGolfFan

@CarlosKeith@HarshRealities 

So now we're onto date-rape drugs.  I thought the allegation was drunkenness?  Keep your stories straight.

"I think something happened that night," likely means "She engaged in sex acts with two men that night, and based on her ever-changing story, there is no way of telling what really happened."

MidwestGolfFan
MidwestGolfFan

@DoctorBallinger@HarshRealities  

Excuse me, DOCTOR.  

I don't know what happened here, either.  But the poster whom you are slamming in your smarmy, passive-aggressive manner, has presented certain matters in a logical, rational way.  

If his facts are false, disprove them. But you're not.

Instead, you're engaging in speculation and making a lot of self-righteous, Politically Correct noise. 

MPWR2
MPWR2

@Cycledoc @MidwestGolfFan @Pat11  You claim police mishandled the investigation.  Did you read the actual report or are you based on what you have read in the media?


Here is an excerpt from p. 33 of the report:  "I was called later in the day by a Patricia Carroll. Ms. Carroll advised she is and is also an attorney. Ms. Carroll asked that all communications go through her. Ms. Carroll advised and her family were concerned because Winston is a big name on campus and she is afraid of the consequences of pressing charges. Ms. Carroll said that she has advised to seek some counseling and then decide whether she wanted to press charges."


Now, was it the TPD that bungled the investigation or was it Ms. Carroll?

Adolfis
Adolfis

@MPWR2 @Mike26 @x72 


MP isnt it odd that what she (Carroll) was warned about is actually the truth?


It sucks when TPD botches the case from the get go and yet you otherwise.


Tell me why TPD did not go back to Potts and review the video footage within the first week of the incident?

Adolfis
Adolfis

@MidwestGolfFan @Mike26 @DoctorBallinger @HarshRealities 

GolfFan, your telling me there is a good reason the TPD did not go review any of the security footage from the cameras at Potts within the first week of the incident?


Your telling me that it was next to impossible for TPD to find one cab driver? A driver who works or worked for Yellow Cab on the night of the incident?


Can you give me one good reason why TPD pulled her phone records going back a full year prior to this incident but not Winstons or Cashers?

MidwestGolfFan
MidwestGolfFan

@Mike26@MidwestGolfFan@DoctorBallinger@HarshRealities  

I don't know what your angle is, but you're trolling just about every comment here, accusing Wilson of rape and demanding his head on a platter.

I'd like to see your facts.  "The cops covered up!" is not a fact.  The girl stopped cooperating...THAT is a fact. 

Because you're just throwing mud and making bald, unsupported denunciations of rationally-presented observations.

What is your agenda? Because you sure seem to have one.

P.S. I started out believing her.  To me, her story fell apart and I think she's a liar.