When Ms. made her sexual battery complaint to the TPD, she was taken to a
hospital for treatment and collection of evidence, including a rape kit examination. The
examination revealed the semen of two different individuals. An investigator interviewed
Ms. 0 and she could not identify her alleged assailant.
Over a month later, on January 10,2013, Ms. S identified Mr. Winston as the man
who allegedly assaulted her. Ms. identified Mr. Winston after she saw him in a class.
Ms. advised a FSU counselor that she and Mr. Winston shared a class and FSU
immediately offered Ms. the options of dropping the class or transferring to anotherclass, all without academic consequence. Ms. • 11 I declined both options because
Mr. Winston sat in the back of the class.
Jn January II, 2013, upon learning that her client's alleged attacker was projectod to be
FSU's stllrting quarterback, Ms. Carroll advisod the TPD that all future contact with
Ms. f 3 9 must be ffitered through her. Ms. Carroll gave FSU the same directive.
On January 24, 2014, Mr. Winston was interviewed by Dr. Jeanine Ward-Roof and
Rachel Bukanc as part of the Investigation. Ms. • 0 did file a Title IX complaint until or
around August 2014. Upon information and belief, she did not meet with Title IX investigators
until August 6, 2014.
Three Independent Investigations Have Rejected Ms. z 's Story
On December 5, 2013, State Attorney Willie Meggs announced that Mr. Wmston would
not be charged. Lack of evidentiary support, combined with Ms. 's conduct, resulted in
an objective investigation rejecting the False Allegation. The decision not to charge
Mr. Winston with rape was also influenced by significant lapses in Ms. 8 • 's memory and
the discovery of semen from two different men on Ms. 's shorts. Mr. Meggs said
Ms. "was not sure about a lot o(things" when she was interviewed about the alleged
rape.
The TPD also closod its investigation and concluded that "probable cause could not be
established given the coollicting statements between what the victim told her friends and what
was reported to the police."
In addition to the TPD and State Attorney's rejection of Ms.. I 's allegations, a
FSU adminisll'ative proceeding reached a consistent conclusion. On May 20,2014, FSU held the
Code of Conduct Hearings for Mr. Winston's roommates, Ronald Darby and Chris Casher, who
bad witnessed the consensual sexual encounter between Mr. Winston and Ms. Basod
on Ms. 's complaint against them, Mr. Casher was charged with a violation of the
student code of conduct because he recorded portions of the sexual encounter on his cell phone,
and Messrs. Casher and Darby were both charged with~~violation of the student code of conduct
for engaging in "conduct of a sexual nature that creates an intimidating, hostile, or offensive
environment for another person."
Ms.. P used the media to defame Mr. Winston. On November 20, 2013, following
her apparent leak to the _JDedia earlier in the month, Ms. Carroll issued a statement identifYing
Mr. Winston as Ms. U b's alleged attacker and stated: "To be clear, the victim did not
consent. This was a rape." Despite the ongoing criminal investigation, Ms. Carroll had what she
considered to be the most compelling evidence of rape: she reportedly stated that the sex could
not have been consensual because Ms. • • would never sleep with a "black boy."
Presumably, Ms. Carroll was unaware that Ms. 8 a 's boyfriend at the time was also African
American
Ms. Carroll's attacks on the two criminal investigations were particularly egregious in
the fact that Ms. Carroll was concealing information. Ms. Carroll concealed
refused to identify and was reluctant to discuss her African American boyfriend with TPD and
State AttOrney inve-stigators. She also concealed that Ms. 1Js 0 's African American
boyfriend refused to cooperate with investigators. Ms. Carroll concealed that law enforcement
investigators had to force Ms. 's boyfriend to provide a DNA sample. Beyond the
impact on her initial outburst that Ms. would not have sex with a "black boy," this
information may have been concealed because there is evidentiary significance to the fact that a
man did not cooperate with a criminal investigation into his girlfriend's alleged rape.
Additionally, in direct conflic-t with her press conference, a source familiar with these
events advised the undersigned that when she learned that another "black boy" was the donor of
the other S<.'fllen sample, Ms. Carroll asked a female friend ofMs to lie and say that the
shorts Ms. 0 1 3 wore on the night of the alleged rape belonged to her rather than
Ms. )I) U. T
In February 2014, seven weeks after her press conference, Ms. Carroll met with the
undersigned. Ms. CarroU demanded $7,000,000 to settle Ms. • • 's potential claims against
FSU, the TPD, and Mr. Winston. Ms. Carroll stated, "Tf we settle, you will never hear from my
client or me again - In the oress or anywhere." Ms. Carrol) stated that Mr. Winston should pay
FSU's and the TPD's alleged portion of liability to avoid the public scrutiny of a trial at the time
be would be trying to begin hi.s NFL career. Ms. Carroll said that if Mr. Winston rejected the
settlement demand, she intended to bring in high profile "Colorado attorneys," whom she did not
identify.
The settlement demand was immediately rejected. Ms. Carroll was advised that
Mr. Winston would not assume FSU's and the TPD's alleged liability, be would vigorously
defend any claims against him, and he would assert his own claims against Ms. 0 and,
possibly, FSU and law enforcement for conducting their investigations in a manner that left room
to speculate that he had raped Ms .... Four days after their $7,000,000 settlement demand was rejected, the
Colorado attorneys appeared and falsely accused FSU of failing to follow the Title IX procedures
tba1 Ms. 8 S 3 bad been rejecting for two years.
