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 "We have a duty to only file those charges if we have a reasonable
likelihood of a conviction," State Attorney Willie Meggs said at a
standing room-only news conference. "We did not feel that we could
meet that burden. We do not have sufficient evidence to make the
charge."
Winston, 19, has led his team to the top of the national polls as a
freshman while facing scrutiny over recently surfaced accusations
that he assaulted a woman in December 2012, before his college
playing career began.
Winston was accused by a Florida State University who said she was
raped after a night of drinking with friends at a bar near campus.
Meggs said the woman had "memory lapses on major issues." He said
Winston declined to be interviewed, although he gave a DNA sample.
Winston's attorney, Timothy Jansen, later told reporters that his
client had been vindicated and reiterated his earlier claim that
Winston had only consensual sex with his accuser.
"It was a consensual encounter between Jameis and a young woman. Two
other witnesses were present there," Jansen said.
He denied that the woman had been drunk or intoxicated when the
encounter occurred and said, "Her story just does not add up."
Winston, in a statement distributed by Jansen, said he was at
football practice and thanked family, friends, coaches and teammates
"for standing by me during a difficult time.
"I'm very relieved I'll be able to continue my education at Florida
State and I'm excited I can now get back to helping our team achieve
its goals."
Meggs, who is the state prosecutor for six counties in northern
Florida, said repeatedly that Winston's star status and the fanatic
importance of FSU football in Florida's Big Bend area did not figure
into his decision. "I have not been pressured, nor have I consulted
the football schedule. We worked as fast as we could," he said.
The unidentified complainant, who has withdrawn from the university,
said in a search warrant affidavit filed by Tallahassee police that
she had a few drinks with friends at Potbelly's, a popular bar near
campus, on December 7. Her friends left and she said she remembered
getting into what she thought was a cab with a man who took her to
an apartment and assaulted her.
Winston's DNA was found in the woman's underwear. She did not
identify Winston as her assailant until January 10. City police
initially marked the case "inactive" but resumed the investigation
last month after news reports identified the football star as a
suspect.
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Meggs said laboratory reports identified a boyfriend as the source
of another DNA sample also found in the woman's shorts, but she
declined to identify him. He said police subsequently determined the
man's identity.
The woman's family issued a statement thanking Meggs for his
investigation, despite "an inordinate delay by the Tallahassee
Police Department."
The woman's family has been critical of police handling of the
investigation. Meggs, who received the police report only after news
leaked to the gossip web site TMZ, said "obviously it would have
been better if it was handled a little different, a little earlier."
Attorney Patricia Carroll, representing the family, cited weeks of
harsh comments made about the woman on social media, some of which
purported to identify her.
"The victim has grave concerns that her experience, as it unfolded
in the public eye and through social media, will discourage other
victims of rape from coming forward and reporting," the statement
said.
The timing of the charging decision was crucial.
The Florida State Seminoles will play for the Atlantic Coast
Conference title on Saturday in Charlotte, North Carolina. If they
win, it is likely the team will play for the national collegiate
title in the Rose Bowl next month.
A felony charge against Winston would have required his immediate
suspension under the school's athletic department policy.
Votes for the Heisman Trophy, the annual award given to the
country's best college football player, are due on Monday.
(Reporting by Bill Cotterell and David Adams;
additional reporting
and writing by Colleen Jenkins; editing by Alden Bentley, Leslie
Adler and Steve Orlofsky)
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