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Jamies Winston


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#1 thevols

 
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Posted 21 November 2013 - 06:55 PM

What do you guys think about this mess? I think it will go to court since they now have proof of DNA in the accuser's underwear.

Question for UVAObserver- How tough will it be to prove consensual vs. nonconsensual sex in this case?

#2 UVAObserver

 
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Posted 21 November 2013 - 07:57 PM

It's going to be awfully tough for the alleged victim in this matter. 

 

(1) The alleged victim's roommate has submitted an Affidavit that is very much supportive of Winston. 

(2) Facebook/Twitter shows a relationship that was established before the incident and continued on good terms well after.

(3) The alleged victim's statements do not stack up favorably when contrasted with that timeline.

(4) There's a significant lack of medical evidence within 72 hours following the incident.

(5) The alleged victim has tried to downplay the event in the few months preceding the public leak.

 

Frankly, with the evidence we know now, it looks like a case where both were likely drunk, and a case where remorse =/ rape.


I'm either right, or there's a perfectly logical explanation why I was wrong.

 

51,161 days.

 

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#3 Hacker

 
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Posted 21 November 2013 - 09:44 PM

IMHO, this one is all about the civil suit to come.
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#4 thevols

 
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Posted 21 November 2013 - 11:17 PM

It's going to be awfully tough for the alleged victim in this matter. 
 
(1) The alleged victim's roommate has submitted an Affidavit that is very much supportive of Winston. 
(2) Facebook/Twitter shows a relationship that was established before the incident and continued on good terms well after.
(3) The alleged victim's statements do not stack up favorably when contrasted with that timeline.
(4) There's a significant lack of medical evidence within 72 hours following the incident.
(5) The alleged victim has tried to downplay the event in the few months preceding the public leak.
 
Frankly, with the evidence we know now, it looks like a case where both were likely drunk, and a case where remorse =/ rape.

I think your last statement is probably true on both of them being drunk and then the remorse showed up the next morning.
Trial or no trial, this will cost the kid a lot. Jamies reputation and his decision making will be questioned. A possible Heisman, endorsements and maybe even slipping in the draft. I watched a little of First Take today and they had Robert Smith on as a guest, he said as a Heisman voter, that he would not vote for Jamies.

#5 UVAObserver

 
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Posted 22 November 2013 - 01:13 PM

I think your last statement is probably true on both of them being drunk and then the remorse showed up the next morning.
Trial or no trial, this will cost the kid a lot. Jamies reputation and his decision making will be questioned. A possible Heisman, endorsements and maybe even slipping in the draft. I watched a little of First Take today and they had Robert Smith on as a guest, he said as a Heisman voter, that he would not vote for Jamies.


I believe that the damage to Winston's reputation has already been done, very true. I think Winston would counter-sue for defamation if there's any civil suit coming against him.

I'm either right, or there's a perfectly logical explanation why I was wrong.

 

51,161 days.

 

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#6 sportsfan

 
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Posted 27 November 2013 - 07:20 PM

UVAObserver, what do you make of this lengthy period of time the DA is exercising in their decision to charge Winston?  Is this good or bad for Winston in your experience?


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#7 UVAObserver

 
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Posted 28 November 2013 - 04:34 AM

UVAObserver, what do you make of this lengthy period of time the DA is exercising in their decision to charge Winston?  Is this good or bad for Winston in your experience?


I don't make particularly much of the timing. I know the media's in "of course it comes out now" mode. Residing in this world, I can tell you that I represent clients with offenses dating back a considerable length of time (had one going back to 1994, I kid you not). The statutes of limitations on criminal offenses are almost excessively lengthy, but they are so to give the Commonwealth/State adequate time to build cases in often delicate matters.

I'm inclined to believe the prosecution. The timing is just unfortunate.

The DA knows of Winston's notoriety. He's going to make sure every protocol is followed to the T. There's millions of dollars riding on it if there isn't.
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I'm either right, or there's a perfectly logical explanation why I was wrong.

 

51,161 days.

 

2JopaRm.gif





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