The attorney for Jameis Winston's accuser is calling for a new investigation.
Patricia Carroll says she'll ask Florida Attorney General Pam Bondi
to look at the Tallahassee Police Department's methods for investigating sex abuse.
Despite State Attorney Willie Meggs decision not to prosecute the case, Carroll says her client does not regret making the complaint.
"Did she anticipate this situation? Absolutely not," said Carroll. "Does she regret that it was handled the way it was? Absolutely she regrets the way it was handled," she said.
Carroll says when her client first identified FSU quarterback Jameis Winston as her attacker in January, TPD Detective Scott Angulo refused to ask Winston for a DNA sample and failed to get search warrants for his phone and text records and his apartment.
Then she says TPD, after five interviews with her client, and executed search warrants of her phone records, suspended the case without her client's blessing.
"I would characterize the investigation overall as an investigation into a rape victim as opposed to a rape suspect," Carroll said.
When Meggs reopened the case, two of Winston's teammates, Ronald Darby and Chris Casher, said they witnessed the quarterback having sex with his accuser and it was consensual.
Carroll said it would be easy to attack the teammates credibility.
She noted Casher told police he videotaped the sex act on his cell phone and then erased it.
"That's a crime ladies and gentlemen to videotape somebody when they're not aware of it," said Carroll "It's called video voyeurism and its in the Florida statutes," he said.
Carroll also says Meggs spent too much time focusing on the DNA of the accuser's boyfriend.
She says it came from consensual sex long before the woman's encounter with Winston and is inadmissable in court.
"When Meggs noted that Angulo failed to get any search warrants for Winston's apartment any search warrants to Casher's phone, Darby's phone, that he didn't take basic interviews, that certainly should've alerted him that he needed to do everything possible in the case to obtain justice," Carroll said.
Carroll called the decision not to prosecute the case "the politics of football".
She says her client has left her sorority and has made alternative plans to take her final exams.
By Julie Montanaro
December 13, 2013
We are trying to reach the attorney general for a comment on calls for a review of the Jameis Winston sexual battery investigation.
Assistant State Attorney Georgia Cappleman says the accuser's urine was checked for every commonly known date rape drug, because those drugs are metabolized in the urine and that is the best place to find them.
Cappleman says their office has no concern about the authenticity of the urine tested in this case or the chain of custody for evidence in the case.
Cappleman says by the time they got the case it was too late to retrieve the content of text messages from the phones of Winston and his friends. 'I can't comment on why that wasn't done initially," she said.
Cappleman said they would have tried to find out if Winston or his friends sent the text message "Come outside." Cappleman says investigators also would have been interested in the video that Chris Casher claims he took of the sexual encounter, but says he no longer has that cell phone.
By Julie Montanaro
December 13, 2013
Tallahassee Police Spokesman David Northway would not comment the specific allegations made by the accuser's attorney.
Northway said their response to questions about how TPD handled the sexual battery investigation of Jameis Winston are the records. reports and timelines already posted on line for all to see.
Northway says the case is closed and TPD continues to support the state attorney in his efforts.
Northway says HIPAA law does not allow TPD to release full medical records in the case without the permission of the owner or a court order.
Northway says Tallahassee Police followed all of their policies and procedures for chain of custody in the handling of evidence in this case.
Northway says TPD will not be commenting on camera about this case.
Northway says Investigator Scott Angulo is still assigned to the special victims unit at TPD.
WCTV Eyewitness News
Zephyrhills, FL -- Patricia Carroll, the attorney for the accuser in the Jameis Winston sexual assault case, announced today in a press conference in Zephyrhills, FL that they are calling on the Attorney General’s Office to investigate the case and the Tallahassee Police Department.
Carroll said at one point in the press conference that "no investigation was conducted to speak of into the suspect in this case."
Carroll claims the investigation has been into a rape victim, instead of an investigation into a rape suspect.
Carroll said "My client is alleging still that he raped her." "She was raped, She sought help ... and they failed her," Carroll said. "This may be the politics of football."
Carroll called the sexual battery investigation "a complete failure," and said it was related to Winston's position on the football team.
She blasted the Tallahassee Police investigator in the case. She questioned why Investigator Angulo didn't interview "outcry" witnesses that the victim reached out to in the hours after the incident. She questioned why Angulo didn't get a search warrant for Jameis Winston's DNA or his apartment even after the woman identified him as the suspect. She questioned why Angulo did not get a search warrant for Winston's cell phone records, or the phone records of Chris Casher and Ronald Darby.
Carroll also questioned why the state attorney - once he took over the investigation - didn't get those cell phone records. She says the state attorney told her they weren't available, she contends he never tried.
Carroll also suggested the young woman was drugged. She said she had memory lapses, vomitting, a terrible headache and other symptoms consistent with a rape drug. Carroll claims the state attorney didn't test the woman's blood for those drugs. Carroll claims the state attorney didn't release complete medical records for the young woman either, including a clinical impression of "sexual assault."
Carroll says the accuser has left FSU and her sorority. "She is not doing well, but she is a strong girl," Carroll said.
Associated Press News Release
ZEPHYRHILLS, Fla. (AP) -- The lawyer for the woman who accused Florida State quarterback Jameis Winston of sexual assault is planning a press conference.
The conference is scheduled for 10 a.m. Friday in a park in Zephyrhills. Patricia Carroll, the attorney representing the woman, said in a news release that her client wanted her to make a statement.
The young woman's mother told WTSP Channel 10 in Tampa on Thursday that the press conference is "gonna be good," but wouldn't elaborate.
On Dec. 5, Leon County State Attorney Willie Meggs announced there was not enough evidence to win a conviction against FSU quarterback and Heisman Trophy candidate Jameis Winston, mostly because there were too many gaps in his accuser's story.
The accuser didn't identify Winston until about a month after the alleged assault.