Jamies Winston sued in State Court

Because the alleged victim is full of shit:


I have spent way too much of my time studying and following this case. I would like to ask those of you who are interested, to learn how incredibly weak (almost to the point of absurdity) the case against Winston was. I think the fault of TPD (who I have no love lost for) and FSU in this case has been largely fabricated. A large part of my ire is directed towards the New York Times (see below), which I believe clearly has an agenda; they have an axe to grind both with "rape culture" and American sports culture. They clearly (in my opinion) placed ideology before facts. For the record I actually agree with them about sports culture and celebrity privilege. Nevertheless, the Times simply chose to latch on to a factually incorrect story as if it were true, long after it was clearly proven suspect.

I would like to ask you to read on to see why before dismissing this statement in anger (if anyone has FACTS that contradict anything here, feel free to link to them. I, for once, am not interested in debating. If you have facts that are contradictory, feel free to correct anything I'm saying):

Short version:

If Jameis Winston raped Erica Kinsman, she ruined the chance to bring him to justice by continually lying.

Long version

1. Statements made by the accuser are directly contradicted by physical evidence:

  • The accuser claims to have blacked out and woken up in a taxi with Winston.
  • We know the accuser did not black out by getting hit on the head (which was the claim on the initial 911 call), nor was there other evidence of physical attack of any kind (physical examination).
  • After the physical examination revealed this, she then stated she was blacked out from alcohol or drugs.
  • We know her BAL was .03 that night, extrapolated to .10 when she left the bar, far short of what would cause a blackout, barring other drugs.
  • We also know she was not drugged (toxicology reports).

(Aside: According to the police report (PDF Warning), note that Tallahassee Police gave her a rape kit that night, performed physical examinations, set her up with a rape counselor, etc. Furthermore, Winston wasn't identified as the alleged attacker until six weeks later. People crying "malfeasance" and "preferential treatment" don't seem to realize that TPD didn't know this was about Winston for six weeks, because the accuser didn't name him until then).

2. The main impetus behind the Police Department and State Attorney’s Office dropping the investigation was the Kinsman’s testimony, which the State Attorney described as “problematic”.

  • Kinsman's friend testified against her, stating that Kinsman "wasn’t drunk" and that Kinsman showed her a text from Winston asking her to meet him in the front. The friend claims Kinsman asked her if she should go.
  • The statement of Kinsman's friend is consistent with the statements of Winston and his two friends.
  • There is evidence Kinsman deleted text messages from her phone that were sent around the time her friend testified. Kinsman claimed to have been blacked out during the time these deleted texts were sent.

3. The accuser told multiple, conflicting stories about the actual sexual encounter:

  • In one statement she claims she lay there without resisting because she was too drunk,
  • Another statement claims she resisted but he overpowered her,
  • Yet another statement claims she couldn’t remember anything that happened because she was going in and out of consciousness,

These facts alone are enough for the case to be over, without ever even talking to Winston. You can’t explain them away by saying the TPD was negligent, or that FSU interfered. It is a remarkably weak case, and the weakness mainly stems from the evidence (physical examination, toxicology reports, breathalyzer, Kinsman’s friends’ statements, etc.) all contradicting Kinsman’s statements.

I realize this will convince few people who are convinced of Winston’s guilt. But I’m a bit tired of the mob mentality that’s taken over things like this.

I think it is understandable that even reasonable FSU fans, students and alumni get really, really angry about this story because of the way the media has dismissed any facts that present FSU in a positive light.


The reason I take the New York Times’ motivations into question is this:

  1. The New York Times reported a story that the Tallahassee Police put pressure on a student not to file charges against Jesus Wilson for allegedly stealing his scooter. The alleged victim’s father stated the New York Times was mistaken.

  2. The New York Times reported a story on FSU player P.J. Williams not getting arrested for getting in an accident, panicking, leaving the scene, then coming back within 30 minutes while everyone was still present. The officer gave him two citations rather than arresting him for felony hit-and-run. Picture hearing this story about a random 19 year-old. “Police corruption” is not something that would enter your mind; you’d think the policeman just used discretion and thought it was not worthy of a felony arrest and trial. But the New York Times decided otherwise.

  3. When the latter story was marked as spam on Twitter, the New York Times Social Media Manager Talya Minsberg immediately (a.) blamed FSU fans without evidence, and (b.) compared FSU fans to the Communist Chinese Government — see for yourself.

It seems to me that one tweet revealed the pure vitriol the New York Times has towards FSU and Tallahassee. My theory: they are convinced the University and the City Police conspired to let Jameis Winston get away with rape (which is patently absurd when the facts are reviewed), and their passionate hatred has colored their objectivity.

Meanwhile there is a whole nation full of real injustice taking place due to celebrity culture. Out of every celebrity the Times could have chosen to show improper consideration being given, they chose story #1, which was later refuted by the victim. On another day they ran story #2 above. There was a day where the best the New York Times could do to combat the evils of America’s Culture of Celebrity, was to talk about a kid who got in an accident, panicked, ran away and came back 30 minutes later and got a citation for it instead of an arrest. (Stop the presses!)

It makes me think that the New York Times is not actually interested in revealing social injustice, but rather is choosing to find, something, anything, about Tallahassee or Florida State University for one reason or another to use them as a boogeyman to prove their ideology. It’s disingenuous on their part.

/r/nfl Thread Parent Link - tomahawknation.com