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Winston Accuser Press Conference

20,777 Views | 169 Replies | Last: 12 yr ago by Lateralus Ag
Tango Mike
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Ignorant question: how could she file a civil case? What would be her standing? It's not as obvious as a wrongful death claim. Thanks in advance to the resident lawyers

I hope the Feds take up the case, as much as I hate the Feds meddling. I don't see how a County Attorney can acquit someone without a grand jury or jury trial or at least a judge. Seems to me that it's a jury's job to determine guilt, not a bureaucrat's, but I'm not an expert
Tamu2000
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Its not a race issue, more of a sense of accomplishment. White girls are a prized commodity of the accused, as disgusting as it is the girls are dehumanized and become a trophy they can brag about to their friends and discard when they are done with them.

Now I don't know specifically that is what happened in this case but all the facts I have heard point in that direction.

All I can say is I am glad I have all boys.

El Dooderino
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quote:
Ignorant question: how could she file a civil case? What would be her standing? It's not as obvious as a wrongful death claim. Thanks in advance to the resident lawyers

I hope the Feds take up the case, as much as I hate the Feds meddling. I don't see how a County Attorney can acquit someone without a grand jury or jury trial or at least a judge. Seems to me that it's a jury's job to determine guilt, not a bureaucrat's, but I'm not an expert

Torts. Assault, battery, intentional infliction of emotional distress, false imprisonment, etc.

Also, he wasn't acquitted. Charges just weren't filed.
unperson102
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well, that's the night that the lights went out in Florida


That's the night that they ******* an innocent girl


well, don't trust ya soul to no backwoods southern lawyer



cuz the DA in town's got semen stains on his....
hannnnds...

Tango Mike
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quote:
quote:
Ignorant question: how could she file a civil case? What would be her standing? It's not as obvious as a wrongful death claim. Thanks in advance to the resident lawyers

I hope the Feds take up the case, as much as I hate the Feds meddling. I don't see how a County Attorney can acquit someone without a grand jury or jury trial or at least a judge. Seems to me that it's a jury's job to determine guilt, not a bureaucrat's, but I'm not an expert

Torts. Assault, battery, intentional infliction of emotional distress, false imprisonment, etc.

Also, he wasn't acquitted. Charges just weren't filed.


Thanks. I didn't mean legally acquit, more of a colloquial good-ol-boy freedom. Appreciate the response
OGLight13
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FYI, he may have been a star baseball player, but this occurred in fall of 2012, his first baseball season didn't start till this last spring of 2013.
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ghill79
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The interesting thing about this is that it is not going away. The victim, now being called the "accuser", has legal council making a case against the legal system in Florida in the way they dropped the ball on their investigation. This will drag out for awhile and be in the publics eye. Civil suits will be filed against the police department and State/local prosecutors. A jury will most likely favor the "accuser" based on the evidence. This will take some time, then the "accuser" and her legal team will go after Winston when he has money. This will be Winston's worst nightmare, and he will deserve it.
GEA89
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Partying kid = low character
Rapist = Heisman worthy!

Funny how things work
backintexas2013
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So could the DA choose to take this to the grand jury at a later time? If for some reason more evidence came up could he do the right thing?
BMX Bandit
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Yes
backintexas2013
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Thanks.
1aggie02
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quote:
Thanks.


Extremely unlikely. About the only chance I see is a) she is able to get independent analysis in the blood samples and proof of date rape drugs is shown, or b) one his teammates recants his story, or c) she somehow gets a hold of the deleted cell phone video. All seem extremely unlikely.
Blaser270
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According to the 'legalmatch.com' website the Florida law allows 4 years to file sexual assault charges. It also adds a little catch which says if DNA evidence is discovered after that time period has run out they still have another year to file charges from the date the DNA is discovered. Basically though the prosecutor can file this case any time he wants within that 4 year window from Dec 7th, 2012. That gives the system 3 more years to charge him with the rape charge.

Alluding to a civil suit the law is a bit murkier giving them ample time to file a civil suit. They have 4 years for sure to file it from Dec 7th, 2012. Without repeating them there are other circumstances which lengthen that time period as well. (link below to the article)

The thing about a civil suit is Winston can NOT take the 5th and will have to testify in a deposition. If the civil suit was filed and depositions taken that information could be used by a prosecutor to help build his case. From what I have seen and heard from Winston and his buds I don't think they'd fare very well on the stand with a good lawyer asking the questions. Haven't seen enough nor know anything about the young lady's attorney but I would suspect they could get a very good attorney to take the case on a percentage basis. Might make some people squirm. Hope so.

I think we can conclude that this prosecutor has indicated he won't charge Winston with anything and since he's not running for re-election he could care less about public opinion. He's more determined to see that his school wins the championship. I doubt if we'll see any corrective action from the Florida attorney general as well. They appear to be in on the side of FSU and Winston as well. Disgusting to say the least.

Best hope that I see at this point is the victim and her attorney don't let up and hopefully get some help from a lawyer who's very good at winning civil suits and not afraid to take on anybody. I know a few like that here in San Antonio and they usually take a case on a percentage feeling that they will either win or get a profitable settlement. Be interesting to see the FSU deep pockets come to Winston's aid and settle the case without him ever doing a deposition. He screws up in that deposition and he's toast more ways than one.

Anyone wishing to read more on the Florida laws pertaining to this offense here is the link:


http://www.legalmatch.com/law-library/article/floridas-statute-of-limitations-of-sexual-abuse.html
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1aggie02
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quote:
quote:
The thing about a civil suit is Winston can NOT take the 5th and will have to testify in a deposition


You can invoke 5th amendment rights in a civil case.


I think the difference is he has to turn over his cell phone records and text messages (not sure whether he had to in criminal probe, he sure as hell has to in a civil suit). The civil suit will also give the victim to subpoena the cell phone companies of the ******* teammates covering him and give the opportunity to retest the samples. Unfortunately her only shot at justice is in the civil courts.
StillNotAnAggie
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So everyone here is convinced that he is guilty? It sure seems like it.
67walkon
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There is a clear reason why Bobby's friend Meggs didn't take this to a grand jury. 1st the joke of an investigation would have been revealed and famous gets charged. Anyone who is not a delusional FSU fan knows it.

Press on girl.....get the justice you deserve.
8T2
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Damn good point, walkon. If the DA got in front of a runaway grand jury and they decided to indict anyway, it would have gotten real ugly real fast. So Meggs sold his integrity for a crystal football.
AGSWINAGAIN
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Let's see how Jamis and his homies handle a good ol' SEC defense. It can get ugly.
Blaser270
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You guys are right on the 5th on Civil cases. I mistakenly thought they had to answer questions that were asked of them but unfortunately the law lets them hide behind the 5th there as well...

I've been involved in a few civil cases over the years but it's been limited. The vast majority were criminal where we worked with the prosecutor to put the case together and then testify if needed in court.

Either way I agree that her best and only chance is going civil.

As to the question if we believe he's guilty - yes - 100%. Too many things do not add up in his favor. Plus having seen police departments cover things up and botch cases up on purpose this one reeks of a cover up to protect their QB.
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Blaser270
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Couple of websites listed below that address the 5th and how it pertains to civil lawsuits. There are evidently a lot of different rules that apply and to be honest much of this is over my head.

This one is less in depth than the next one but it also incorporates some Texas law in it so things might well be different in Florida.

A couple of paragraphs below the url. Lots more on the website:

http://judgebonniesudderth.wordpress.com/2011/09/26/use-of-the-fifth-amendment-privilege-in-a-civil-case/

Of course, a witness’s right not to self-incriminate is found in the Fifth Amendment. (Article I, Section 10 of the Texas Constitution contains a similar provision as well.) This Constitutional right includes a defendant’s right to: (1) remain silent, (2) not be called as a witness for the prosecution, and (3) not have the fact that he exercised his right against self-incrimination used against him. This principle is well-established in the criminal context where juries are instructed that the defendant cannot be compelled to testify, and that if he exercises his right not to testify, the jury cannot use this as any evidence of guilt whatsoever.

In civil cases, however, the juries receive no such instruction. First of all, any party or witness in a civil case may be called to testify, whether they are facing criminal charges or not. Second, witnesses in civil actions do not enjoy an unfettered right to refuse to answer questions on Fifth Amendment grounds. Finally, in a civil case it is perfectly permissible for a judge or jury to infer that a witness is guilty of wrongdoing if they invoke the Fifth Amendment privilege against self-incrimination in response to a question. (Of course, civil juries can’t send witnesses to jail for invoking the Fifth Amendment; they can only find them civilly liable.)



This one is quite in detail and has many various examples of the 5th Amendment and how it may be applied:

http://www.sualaw.com/Appearances-Articles/Fifth_Amendment_Right_Against_Self_Incrimination_in_Civil_Cases.pdf
w8liftr
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One question that has come to mind in all of this is: was the victim able to consent to sex? Its my understanding that (this may shock some of you) in Texas, you cannot legally consent to sex if you have been drinking. If the law is the same in Florida, it makes Winston's case even weaker.

I think the logic behind this rule is that it is difficult to guage someone's sobriety especially if you have been drinking yourself and if your inhibitions are diminished due to alcohol (or other substances), you may consent to things you wouldn't normally consent to while sober.
Tamu2000
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I know this is a stupid question, but following the logic of the drinking/unable to consent I gotta wonder:

So what if I, a male, am drinking and the female is not drinking and we have sex? Is she guilty of raping me since I am drinking and unable to consent?
Memphis 7
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depends on definition of rape.

sexual assault maybe.. but "envelope" raping is not considered rape in many areas.
8T2
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No, because you would have whiskey dick.
Tamu2000
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I wonder if whiskey dick can be used as a defense in trial.

Members of the jury, my clients BAC was .3, there is no way he could have raped her, he was pushing rope.
8T2
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I've never used whiskey dick as a defense, but I used impotence as a defense once. It worked. It wasn't a sexual assault case, but indecent exposure. Client accused of whacking his pud while sitting in his open garage. We showed that due to impotence, the lady could not have seen anything as she drove by in her car 75 feet away at 25 mph.
Lateralus Ag
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quote:
I've never used whiskey dick as a defense, but I used impotence as a defense once. It worked. It wasn't a sexual assault case, but indecent exposure. Client accused of whacking his pud while sitting in his open garage. We showed that due to impotence, the lady could not have seen anything as she drove by in her car 75 feet away at 25 mph.


Sorry to bump this thread, but this is gold, pure gold.
 
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