enfuego, i know you hate it, when you are proven wrong,,, im sorry man,, heres more,,
The young woman’s friends and physical evidence demolish her account of impairment
Thus, to decide that Winston raped this young woman based on her story, you have to believe her account of impairment. That also means you have to decide who tells a more credible story — her or the players.
Fortunately, you have help. You have her friends; and you have the very prompt toxicology screenings performed as part of the rape kit which was taken at 4:41 a.m. The rape/sex is thought to have occurred between 1:30 a.m. and 3 a.m., according to the reports.
The blood results showed no trace of any drug. She WAS NOT ROOFIED.
Her blood alcohol at 4:41 or so was .04. That’s half the legal limit for someone over 21 to drive.
C
heck out this line from the Florida DMV for context:
“Florida has a Zero Tolerance law for drivers under 21. This means that any driver under 21 that is stopped by law enforcement and has a blood alcohol level of .02 or higher will automatically have their Florida drivers license suspended for 6 months. The .02 limit really means that you cannot have a single drink and drive. And that’s the idea.” [My emphasis.]
The accuser is at .048 within two hours of the rape. To repeat, with her blood alcohol level two hours after the rape, the police would allow me to drive. And it wouldn’t be a close call.
Police officers talking to her at the hospital described her as “slightly upset and clearly able to communicate.”
In an incredibly telling detail I saw in the reports, lawyers for the young woman asked FDLE to reconfirm that the blood it checked was actually hers. They didn’t believe the results. And you can’t blame that on a Jameis conspiracy, because the accuser didn’t identify him until several days after her blood was collected.
OK, maybe the young woman has a weird metabolism that causes sudden spikes in impairment that go away just as quickly. And let’s grant that a rape would sober anyone. BAC and drug screenings produce abstract numbers. Let’s look at the visceral instead.
Let’s see what her friends told police about the period of time
at the barwhen the accuser says she became impaired. It’s worth noting these statements came after the case was reopened during the 2013 season. Monique Kessler actually conferred with the accuser’s attorney before giving her statement, which proves very damaging to accuser’s story. Marcus Jordan told police he needed to confer with the accuser’s attorney; but I don’t know if he did. Here’s what both said about their friend’s impairment at the bar and at the time of her departure with the players.
Marcus Jordan:
Marcus recalled seeing [the accuser] around 11:30 p.m. and she was “drunk” but was not “that girl” drunk. He said it was not like she needed to go home. He said, “she was just like, happy.”
Monique Kessler
“Monique said she and [the accuser] continued to drink a little more but never got to a level where she felt they were intoxicated. She said [the accuser] did not seem drunk and “we all seemed fine.” At one point, [the accuser] showed Monique her phone and there was a text on it that said “meet me out front”. Monique knew the number was not programmed in [the accuser’s] phone because the number appeared in the display bar instead of a name that would be saved with it. [The accuser] looked at Monique and asked “should I go?” Monique replied, “you can go” and “within a few seconds” [the accuser] was gone…
“…Monique described [the accuser] as a person that does not consume a lot of alcohol. The night of the incident she recalled [the accuser] being fine and that’s why she was OK letting her go when she received the text.”
Both accounts are easily reconciled with those of Casher and Darby. They seem impossible to reconcile with this:
“After she consumed the shot she stated she couldn’t remember what happen [cq] next. She thinks she got into a cab with someone because they asked to see her student ID. The [accuser] stated she blacked out after that. The next thing she was able to recall was waking up on the floor of someone’s apartment.”
According to Google maps,
Potbelly’s is 2 miles from Legacy Suites. A seven minute cab ride — six without traffic. When does this wave of impairment hit the accuser? No one but her ever saw it.
Here’s one other really important inferential point. I’m trying to avoid making inferential points, but I think it’s vital to make this one:
In reporting the rape, the accuser told at least two friends who were not with her at the bar that she might have been hit on the head at a party. One of them reported that she rubbed her head. That idea — a concussion-type event — sort of falls away into general impairment over the course of the investigation and morphs into the suggestion of a roofie. So here’s my inferential point: If you were reporting a rape based on impairment, and you knew friends and witnesses had seen you not impaired, how might you account for a sudden impairment?
Just mull that answer on your own. It’s not proof of anything. But she blames both a shot and a blow to the head for the impairment. We know the blow to the head didn’t happen because she had no outward injuries; and she didn’t report it to the doctor who examined her shortly after the rape.
Not meaningfully impaired
The totality of the physical and eyewitness evidence says clearly to me that the young woman is not telling the truth about her impairment. She was probably legally drunk, from a DUI point-of-view. But that’s not close to what she describes. Perhaps you can look at the data and come to a different conclusion. My conscience won’t let me.
Non-impairment does insurmountable damage to the young woman’s case on two levels:
1) Non-impairment completely eviscerates that fact record of her own story. Completely. You would have to start over again and come up with a different scenario.
2) It destroys her credibility as a witness in general and causes me to give much greater credence to Casher and Darby. If Casher’s account is true, Jameis Winston is legally guilty of nothing more than transactional sex with a willing partner and some caddish callousness. That’s nowhere near a crime.
What are Casher and Winston guilty of?
We don’t know what Winston did or said when Casher burst in. I would bet my house that if Winston said or did something protective or honorable for the woman who trusted him with her body that Casher would have reported it. We get no such report.
Instead, it’s the young woman who said go away, and had to get up — naked — in front of Casher to turn off the light.
If it happened like Casher says, it have must have been humiliating and terrifying.
Think about a stranger doing that to you — or your daughter or sister. We don’t know if Winston showed her any kindness when the sex resumed. We do know, both from the young woman and from the players, that virtually as soon as they were finished, he put her on his scooter and drove her away. Wham bam, thank you, ma’am.
If you believe Casher’s account, Casher violated this young woman pretty severely. And Winston got her out of there as soon as he could. That’s a terrible sexual experience. Period. But Casher is the much greater asshole, at least in this case. The victim probably ought to be pursuing charges against him. Maybe some overt acts of kindness by Winston would have avoided all of this. But maybe not. It’s impossible to know from the record.
And there’s a boyfriend
The fact record also shows that the young woman was dating a young man she knew from high school at the time this occurred. She’s standoffish with police about his name and the relationship in general. But it comes out. Police found his semen on her pants during the rape screen. And she acknowledged having sex with him before the rape. But it’s not clear to me how long before — hours, days, etc.
It really doesn’t mean anything in and of itself. Some Winston supporters like to use it to call the young woman promiscuous. But promiscuity or non-promiscuity doesn’t bear on rape.
However, if I were a defense lawyer, I would ask very pointedly if preserving an existing relationship gave the young woman motive to fabricate a story, especially if she was hurt by what happened.