Walt Bogdanich, A Star Player Accused, and a Flawed Rape Investigation. The New York Times, 16 April 2014. “Early on the morning of Dec. 7, 2012, a freshman at Florida State University reported that she had been raped by a stranger somewhere off campus after a night of drinking at a popular Tallahassee bar called Potbelly’s. As she gave her account to the police, several bruises began to appear, indicating recent trauma. Tests would later find semen on her underwear. For nearly a year, the events of that evening remained a well-kept secret until the woman’s allegations burst into the open, roiling the university and threatening a prized asset: Jameis Winston, one of the marquee names of college football. Three weeks after Mr. Winston was publicly identified as the suspect, the storm had passed. The local prosecutor announced that he lacked the evidence to charge Mr. Winston with rape. The quarterback would go on to win the Heisman Trophy and lead Florida State to the national championship.”
In his announcement, the prosecutor, William N. Meggs, acknowledged a number of shortcomings in the police investigation. In fact, an examination by The New York Times has found that there was virtually no investigation at all, either by the police or the university.
The police did not follow the obvious leads that would have quickly identified the suspect as well as witnesses, one of whom videotaped part of the sexual encounter. After the accuser identified Mr. Winston as her assailant, the police did not even attempt to interview him for nearly two weeks and never obtained his DNA.
The detective handling the case waited two months to write his first report and then prematurely suspended his inquiry without informing the accuser. By the time the prosecutor got the case, important evidence had disappeared, including the video of the sexual act….
The case has unfolded as colleges and universities across the country are facing rising criticism over how they deal with sexual assault, as well as questions about whether athletes sometimes receive preferential treatment. The Times’s examination — based on police and university records, as well as interviews with people close to the case, including lawyers and sexual assault experts — found that, in the Winston case, Florida State did little to determine what had happened.
University administrators, in apparent violation of federal law, did not promptly investigate either the rape accusation or the witness’s admission that he had videotaped part of the encounter….
It would be difficult to overstate the importance of football to Florida State and its hometown. In Tallahassee, rooting for the Seminoles is a matter of identity and economy. The 2013 championship season generated millions of dollars for the athletic department and city businesses, and favorable publicity beyond measure….
Patricia A. Carroll, a lawyer for Mr. Winston’s accuser, said the police investigator who handled the case, Scott Angulo, told her that because Tallahassee was a big football town, her client would be “raked over the coals” if she pursued the case….
Late last year [2013], Mr. Winston’s accuser and another Florida State student filed internal-affairs complaints, charging that Tallahassee police officers had investigated them, rather than the accused, and then prematurely dropped their cases….
With Mr. Winston identified [on 10 January, 2013, 34 days after the accuser told the police she was raped], the next logical step would have been to quickly obtain his DNA. Officer Angulo decided against it. Ms. Carroll, the accuser’s lawyer, said the officer told her that testing Mr. Winston’s DNA might generate publicity. “I specifically asked and he refused,” Ms. Carroll said….
[On 11 February 2013, 66 days after the accuser first reported the rape] Scott Angulo, the lead investigator, filed his first report, closing the case without interviewing crucial witnesses or getting DNA or phone records from Mr. Winston….
On Nov. 13 [2013, 341 days after the accuser first reported the rape], the Tallahassee police, responding to a public-records request from The Tampa Bay Times, released documents on the sexual assault case, setting off a frenzied scramble in the news media and prosecutor’s office to learn what had happened…. Mr. Meggs [prosecutor] immediately directed his staff to reinvestigate the case….
Only after the prosecutor took over the case did the authorities obtain Mr. Winston’s DNA. It was a match to DNA found on the accuser’s clothing.
Belatedly, Officer Angulo and his backup were asked to conduct a crucial interview — to question Mr. Casher [Jameis Winston’s roommate] about the events of Dec. 7, 2012.
Mr. Casher made a startling admission: he had secretly videotaped part of the sexual encounter through the partly opened bedroom door, and deleted the video from his phone a couple of days later. Had the police found him quickly, they might have obtained that video….
The athletic department had known early on that Mr. Winston had been accused of a serious crime. According to an internal Tallahassee police email on Jan. 23, 2013, one officer wrote that Officer Angulo’s backup on the case “received a call from the Athletic Directors Assistant inquiring about the case.”
This knowledge should have set off an inquiry by the university. According to federal rules, any athletic department official who learns of possible sexual misconduct is required to pass it on to school administrators. Florida State declined to respond when asked if top officials, including the university president, had been informed of the encounter….
If cases are reported, the university is obligated to investigate, regardless of what the police do. According to the federal Education Department’s civil rights office, “a school that knows, or reasonably should know” about sexual harassment, including rape, “must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.”
Universities must also inform the federal government of reported sexual assaults on their property or in the immediate vicinity.