A week after Florida State Attorney Willie Meggs of Leon County dropped the sexual assault case against Jameis Winston, because of a lack of evidence, the attorney, Patricia Carrol who represents the alleged victim, is petitioning for a further investigation.
Patricia Carroll runs a full-service law firm that specializes in the areas of Bankruptcy, Personal Injury, Probate and Wills & Trusts, but in 2000 she was rewarded by the Sunrise Spouse Abuse Shelter, Advocate of the Year. From her profile on http://lawyers.law.cornell.edu/:
While serving as a prosecutor, Attorney Carroll was assigned the domestic violence cases and was determined by the Sunrise Shelter to be worthy of an award for her vigorous prosecution.
Last month, a Tampa Attorney familiar with Sexual Battery law, Jason Mayberry reported on the case and provided some helpful insights on the Florida laws related to sexual assault and rape cases. According to Mayberry’s Report:
FS 794.011(5), Florida’s Sexual Battery Statute
At the time of this blog there is nothing more than an allegation that Jameis Winston sexually assaulted a young woman in Tallahassee. The journey from allegation to proof beyond and to the exclusion of any and all reasonable doubt is long. State attorney Willie Meggs has said, and he’s correct, that there must be a “reasonable likelihood of conviction” to bring a criminal charge. In spite of the fact that Winston’s DNA was found on the property of the alleged victim, more is needed to show that a sexual battery occurred. Necessarily under FS 794.011(5), Florida’s sexual battery statute as it would apply to this case, there has to be some showing that there was no valid consent.
As a general rule, proof of no consent is offered by showing that a rape kit was performed and that there is medical opinion of injury to the victim, amongst other items of evidence. If this exists it could be damning for Winston. His DNA, coupled with medical opinion that the alleged victim’s body was injured would be a mountain to overcome for the even the best criminal attorney.
According to recent media reports Carroll is quoted as saying:
“I just identified this issue this week, but it’s a very significant issue,” was included along with the line from http://www.nydailynews.com:
A lawyer for the woman who said she was raped by Florida State University’s star quarterback called on the state’s attorney general for an independant review of what she called a botched investigation.
The attorney, Patricia Carroll, told reporters that she is asking the attorney general to examine how the Tallahassee Police Department handled the rape allegations against Heisman Trophy hopeful Jameis Winston.
Over the next few weeks it will be an interesting case to follow in light of other recent Florida tales of police corruption. There is the questionable St. Johns story of murder, the Zimmerman cluster muck, the infamous Anthony case, and now this.
The newest revelations on the case are reported 911 calls claiming the victim, may have been hit in the back of the head and was suffering some memory loss. Also included with these reports from nydailynews.com was the following:
Players Chris Casher and Ronald Darby told investigators the(y) watched Winston and the woman having consensual sex at the quarterback’s apartment.
“We walked into the room, and the girl was like, ‘What are you doing?'” Darby said. “She was like, ‘get out.’ So, Chris was like ‘My bad.'”