New York Times article rips Tally PD & FSU over Winston investigation

New York Times: A Star Player Accused, and a Flawed Rape Investigation

And I use the term 'investigation' incredibly loosely here.

About the Tally PD investigation

In his announcement, the prosecutor, William N. Meggs, acknowledged a number of shortcomings in the police investigation. In fact, an examination by The New York Times has found that there was virtually no investigation at all, either by the police or the university.

The police did not follow the obvious leads that would have quickly identified the suspect as well as witnesses, one of whom videotaped part of the sexual encounter. After the accuser identified Mr. Winston as her assailant, the police did not even attempt to interview him for nearly two weeks and never obtained his DNA.

The detective handling the case waited two months to write his first report and then prematurely suspended his inquiry without informing the accuser. By the time the prosecutor got the case, important evidence had disappeared, including the video of the sexual act.

They just missed all the basic fundamental stuff that you are supposed to do, Mr. Meggs said in a recent interview. Even so, he cautioned, a better investigation might have yielded the same result.

University administrators, in apparent violation of federal law, did not promptly investigate either the rape accusation or the witnesss admission that he had videotaped part of the encounter.

Records show that Florida States athletic department knew about the rape accusation early on, in January 2013, when the assistant athletic director called the police to inquire about the case. Even so, the university did nothing about it, allowing Mr. Winston to play the full season without having to answer any questions. After the championship game, in January 2014, university officials asked Mr. Winston to discuss the case, but he declined on advice of his lawyer.

When The Times asked Mr. Winston for an interview, an Atlanta lawyer advising his family, David Cornwell, responded, We dont need an investigation, thorough or otherwise, to know that Jameis did not sexually assault this young lady. Mr. Cornwell, who has represented major sports figures and the N.F.L., added, Jameis has never sexually assaulted anybody.

About a similar case at FSU to the Winston case from last October

Officer Pates blunt interviewing style did not help, the student said. The first thing he asked me, she recounted, was if I was sure this was rape or if I just didnt want a baby or wanted the morning after pill. He also made comments, she said, like, Are you sure you want to file a report? It will be very awkward, especially for a female.

In his complaint to the police, the father wrote that Officer Pate had suggested that an investigation would be futile, as this kind of stuff happens all the time here. The family also said the police had focused more on the accuser than on the accused.

About FSU:

According to an internal Tallahassee police email on Jan. 23, 2013, one officer wrote that Officer Angulos backup on the case received a call from the Athletic Directors Assistant inquiring about the case.

This knowledge should have set off an inquiry by the university. According to federal rules, any athletic department official who learns of possible sexual misconduct is required to pass it on to school administrators. Florida State declined to respond when asked if top officials, including the university president, had been informed of the encounter.

It was not just the Winston case that was causing concern on campus. In January, the mother of a student who said she had been sexually battered at a fraternity the previous April contacted the campus police asking why the university doesnt do more to protect women from rape, records show. The police response was to inform the mother of a self-defense class for students.

A decade before the Winston case, the inspector general found that Florida State had violated its policy when the athletic department failed to inform the campus police of a rape accusation against one of its standout football players. Mr. Ruiz, the former prosecutor who handled the case for the state attorneys office, recalled that the coach at the time, the revered Bobby Bowden, attempted to convince him that a crime had not occurred. A jury eventually acquitted the player.

I learned quickly what football meant in the South, said Mr. Ruiz, who grew up in New York State. Clearly, it meant a lot. And with respect to this case I learned that keeping players on the field was a priority.

The article goes into great depth about the absolute failure of the Tallahassee Police Department as well as Florida State officials to not only investigate this appropriately, but also in their absolute failures to follow legal federal procedures.