FSU Quarterback Jameis Winston Not Charged in Sexual Assault Case

State attorney says there was not enough evidence to prosecute Heisman Trophy candidate.
3:00 | 12/05/13

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Transcript for FSU Quarterback Jameis Winston Not Charged in Sexual Assault Case
This is a special group. Hello I'm tired and is in New York with its ABC news digital special report Decision Day in Tallahassee Florida -- one of college football's top players. Be charged in the lingering sexual assault case. Let's go to the state attorney's press conference -- more. Asians and makes decisions at some time to prosecute them is the fact mirrored. We've carefully examined all the evidence in this case and have concluded that no charges. Will be filed against anyone's in -- in this case. -- public record of our investigation will be made available to anyone who -- it. And you be able to see the evidence that which should lead you to -- making the decision. That we help mate I do want to commend Jason Newman. -- reasonably -- Jason -- our investigator who has worked tirelessly. For the last thirteen working days to get us to this position we're in today and and I do do want to commend him this is Georgia -- she's our chief assistant she's worked hand in hand in the case. And and so. Want to commend her for the job she's done and all the law enforcement work there's been done in the case. To arrive at this decision so. At this -- albeit tentative -- -- as an answer to questions achievement. Mr. Mans opinion saying this past. He doesn't indication -- as Winston or is this just not enough information to file charges I won't let you all determined that when you review the facts. This morning it was clear that there was -- some of the accusations if there's a fifth person in the room and he can you explain and a third person was. Was involved and were there any other people questioned. As possibly. Responsible. Start the first to your question again. And partners in that room. There were there were several people in the room when -- -- it occurred. Questions -- -- question and that's detailed in reports that you will be able to look at. And how did you -- and jeans. Aren't as. Wouldn't. -- we have a we have a duty. As prosecutors to only file those charges. If we have a reasonable likelihood of a conviction. After reviewing all of the evidence in the case that we did not feel that we could meet that burden. And therefore we do not -- charge if we do not feel like we have sufficient evidence to to make the charge to make stated. He preferable treatment here in Tallahassee and you spontaneous allegations. Well. I don't like they do in and a which we drug treat everyone the signing. And I think we've have a record of doing that. Over the last when -- New Year's cup of state attorney we prosecute the cases that we. Have evidence alone and we will continue to do this -- -- because his firm is handling this case. We worked very closely with the police department obviously it would have been somewhat better if we've had. All gotten involved lower earlier but. We were involved from beginning on over the thirteenth and that -- work hand in glove with them. Since then and they've been most corporate dividend and we've accomplished all the things that we feel we need to -- community location that they -- It's way early on that will be assault and that others will have to decide them. Funded science and a couple of pieces outstanding obviously they can be made that decision could you tell us what those pieces work yes -- -- It in the in the laboratory work. That we did and you'll see that in the -- when you see him in the laboratory work that we did. There weren't. DNA from males. One was identified as being. Winston's DNA. And -- was unknown and obviously if we were going to proceed -- Rolf. Having an unknown to -- today. In a sexual assault kit. Would be a problem so we had to make every effort to determine the -- the donor of that DNA and did so. It's -- do you think that if you've gotten his case back in February. -- was put on active inactive -- -- that -- out at the outcome in terms of you didn't charges would be any different. Couldn't speculate about -- I I don't know that. You know we might have had some additional facts earlier -- might have been some better memories I don't know. Time is important it certainly would have been nice to. Today to have -- all the things we know now back in December. 2 community that -- your decision. Well it was it was one of those loose ends that we felt like we needed to tub which fell all the time we -- Who the donor laws and and a but until we have it tested in you know have slowed things that was a problem to us during the problem with -- -- in this their but it won't know what we're doing every minute of every day and and you know we're saying we're still doing some things in the lab that -- -- -- you are -- And so it it did take some time to do that and I do commend -- -- -- lab that area. They they took this -- goes they saw that what has viewed as been -- is important. 22. -- 22 to expedited and they did and what's in toxicology suggested that this woman had been wrong in. -- was incapacitated and those are facts that you'll find in the report its juicy but. The we've we've -- -- we've had -- double checked it. You know annual fund at -- in -- test her blood alcohol level at the time her blood was taken with point 04. Which is not very. And we found no evidence of any drugs of any sort in her blood system yeah. Okay -- enemy not to file charges once the investigation was done or did you have to agonize over this -- anyway here but. I think yell or organize in more than -- was. But. Our standard of proof is is what we go by and we try to follow the rules of evidence in the in the group were required to go but -- I don't think the attorney. Earlier today and mr. -- -- -- earlier today -- what your decision would be have not. Not a pleasant -- complains Stanley are turning yes. In its front of me think their plans days -- Basically read it yourself. In. Enough. The results of the subpoenas were at least the one subpoena from cell phone records and what -- what -- produced you'll have all of that it would be quite exhaustive views for the Sunday and honestly I don't know all of it added. But the copies of all of that will be available to you hear it and the earth he'll let him. -- did not consider punishment. And because they're right. Any evidence. And make it were -- able to. Can but analysts apps section of more than -- they don't. -- would bill logical conclusion. An estimated Reynolds -- that second DNA to anyone -- just we were you are. But not associated with the complaint that we -- Visiting. -- after its I don't know what did -- -- justice OK is it possible that there office. Third person involved in a sexual assault and then you. We have no complaint again about a third. Person being involved in sexual assault and so -- -- for the very latest reaction when told there be charges. Spoke only through to the lawyer for the family. And this. Trip ms. Terrell. And think she understood. Because she's been we've been in communication with her all along during the course of the investigation with depression and this conclusion before the vote for the Heisman Trophy. When is that -- -- -- -- net interest. Separate NFC whatever they're doing it there was no pressure -- have not been. Pressured and nor have -- consult with the football schedule are. -- -- the starting quarterback might be you're not via which -- we worked as best as we could with a time constraints that we. -- rather it is a decision is nothing we've arrived right. Ethical description 59. Eleven come -- -- -- have anything to do. Your decision had absolutely nuts and news. This isn't it -- It could you tell from an investigation TPD investigators. Treat treated this case differently in terms the investigation because -- was a couple of plants. I do not -- Sometimes you know communication is an art. And then sometimes -- -- They don't do that well yourselves -- what you -- here. And and so. I'm not really sure -- little present when that happened. But I don't I don't think it. At that much and. The incident later -- -- -- schedule that from getting to you thing there of quote when you see the report you'll see all the answers in cities you know. I think what they've -- in terms of how he he has handled this case in the past few weeks -- your prosecutors are. Any evidence that he -- traffic Russia's. I don't like -- -- decide. I don't think it would be that the response that I would give. -- I mean obviously it would be better to have been -- a little different a little earlier. But but hindsight is always to -- -- and it. Now that being said did you guys come up with anything during your investigation and makes you when it passed eighteen PD -- He's in you can thank that it would be a good idea. When someone has accused someone of sexual assault. Cannot get DNA samples of the accused party is there any reason to wait long time. None that -- -- Filing period between the initial report in the identification of potential. Suspect. As he was there any indication that the alleged victim knew. The suspect prior to coming forward. And I don't think so. But but you know I think we could have a -- the the suspect in the case a lot earlier. At certain things been done. And -- more witnesses. So -- investigation. This moral on the lines of yes. Not necessarily don't believe this alleged victim but just don't think there's enough evidence to prosecute or simply think her story is inaccurate false. Well -- I'll leave I'll let those kind of judgments faulty all when you look at the information should you choose to do that. You know very little can be profited by. -- disparaging the victim in this case and I can tell you that we do not believe after we examined all of the evidence and interviewed all the witnesses that we could and did everything that we knew how to do in their -- up -- -- we made it to do I don't but don't think so. We came to the decision that it was there was not a case that we could bring forward -- -- We would not have the burden of proof of robocalls. And the reasonable likelihood of a conviction. -- -- -- -- -- -- Well over the years that over the list between me so -- -- year. A lot of convictions in this area because programs at the area always. Found it very -- -- lift the state attorney. He's always been and Iraqis -- -- there have been intently. Some things as -- right now. That -- -- and so you know he's always been there. In that regard and treated him differently. So are always had respect. He goes through it -- goes through -- they have a conviction. And I -- a politician and you know that one thing -- do. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- But deliveries in this case and I just came back. To support state there. You're the only politician -- category of instruments just indicated he might be something. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- No one's movements. And we'll I would never say this endeavor which is itself that might. Come. You know right now I have no earthly idea what that. -- Especially the young woman in this case evidently did not know either. Man is that is that your conclusion did not know either. -- donated DNA doesn't. -- the that would not be true. She did not know Winston however she did not know who lives. I certainly think so. Prior relationship between Winston and that complaint before. -- that we were notified none that we right. This. Three went from. Let -- make that permanent. It is it is frightening is that -- -- she was engaged in sexual intercourse with someone and then mr. Winston walked in the room. Our our reform will not available. Was the other individual and you work. And or from -- -- notre have not. With literally there was no relationship before hand between -- do afterwards in a relationship either right. Between. Our victim men and -- it went none that I'm aware. Clearly. There was a related -- it was her sexual assault. Well let's come out of the why we're here who have. The the allegation was that there was a solid -- Our job was to figure out if we could prosecute the case so. We endeavor to do. Everything that wasn't sexual -- you prosecute the case. If we had evidence to prove the elements of the conflict of battery. We will prosecute the case. -- -- the -- sexual assault in the mountains to back you know another respectful of sexually event that -- And one party -- it was not consensual and apparently the other side says it -- and that's our job is to. Periodically four -- forceful act. And we did not feel that we had a sufficient evidence to go forward -- the case trial to prove that it was not. The hopefully. Standard and what. What like me. What what a reasonable likelihood of a conviction standard basically means is. A law enforcement officer can make an arrest. If they have what we call probable cause probable cause is reason to believe a crime has been committed and the person that they -- -- wrist is Burton who committed that crime. A reasonable likelihood of a conviction is basically. Souped up probable -- you raise it up a little bit our level. What goes and the rays and there is a logical reason for that and and -- I'm sure that it will make complete sense to you. Because when we get into a trial situation the jury has to be convinced beyond into the exclusion every reasonable doubt. And so that's why we use that standard and we use that in every case that -- prosecute. And and I think that's probably all over the country. Indeed it differently this. And -- I haven't thought about that very much about three more -- mister minister you tell us what time. -- -- was administered and that is when what. -- What I do not know the exact time. That's involved in the follow. But we did try to reached regulate back. From the time it was taken back to when this -- this would would have occurred. And we were of the belief that it would've probably been at about 10. Values in the extrapolation. And that's because that's people smarter than me that do that comes back -- -- -- well it's you're not supposed to drive at a point oh wait. But. Attorney indicated that they never expected this to go public once it did obviously you did interview her -- -- willing to testify in this case. -- police who would have -- yes. Probably -- -- corporate. -- -- -- He's had enough victim to turn around. Who was what she willing to go forward last February what did you find in that case thought I didn't look in the netspective. Two more. -- -- -- And so. Again. And laying. The -- that fact that it's time lapse in. It isn't an ambulance. A horrible last. You need him. You have no criticism fatalities. -- line. -- you have -- convoluted question. -- -- -- -- -- -- Tel -- police department. Knew -- he had the identity be -- -- -- the accused. Wednesday and then the other person needed -- mid January. You didn't they didn't obtain DNA sample sale meant to them. And you have no criticism -- That didn't. Well it from so for us to make our determination. That really is immaterial it is his. It was their -- we did the examination. So criticize and does not accomplish a great deal hit his DNA is in fact there. So it did not change. Their lives now. Initiative. With any sign that she expressing sincere reluctance throughout the process or. Moving forward with the charges what -- -- -- reluctant person. You know. As central battery case. I don't find any. I don't believe I've ever -- a sexual battery victim. That was excited about going to court and testify there's always a -- these are very serious cases they're very hard cases to deal with. And then. -- believe you know -- -- deal with this is is if if we have a case. We're going to pursue it if the victim will testify and we expect him to testify and tell the truth sometimes the truth is not. Easy to come out -- -- say in these cases are always tough to do and no one wants to go do it and so. To say there was reluctance there's always reluctance. You know we have that not only just in sexual battery cases so -- people just don't wanna get involved at all. And so we have to do a lot of things to keep people involved. But we do expect if we call a witness for the witness to testify until the -- So it was Minnesota's second DNA that was just discovered earlier this week confirmed it. Was known to you through interviews -- -- -- woman. -- she acknowledged having sex with two. She acknowledged heaven's -- for the -- -- this. But she wouldn't tell her boyfriend laws. And -- -- a -- investigator with Canada and we got it did that and we confirmed. And even after that it was confirmed but -- its. Can you give -- time frame on that. -- that knowledge from -- with the. As it was before the section it was the DNA that was unknown was -- the shorts. The that the person wearing the DNA of Winston was on her underwear. And -- -- -- was hesitant -- report was well. Tells about her girlfriend. It didn't instantly and. I guess getting like -- -- they would presumably you brought and -- divert attention. But now there's confirmation that you have set aside and she she remained consistent. At the beginning of this week that. She had been assaulted. I haven't thought through this week well what. Has her story crumbled at all in -- obviously. Her hurt her and her recall of the events of that night. Have been. Moving around a good bit there's some memory lapses there -- some there -- some major issues. And and we were trying to determine. About the memory lapse. What would calls that. Intoxication. Some real Mike -- would callers -- memory loss. Sometimes drugs and -- you have this. And we found no evidence of any kind of major impairment. Or use of drugs so what she never backed away from reporting the -- and -- Have not yet -- Really inconsistencies in her story a major reason why -- -- -- and they were problematic getter if not inconsistencies. Its lack of memory about that time. There was some allegation that she's there she had a there are period was heard. But there was no sign outward signs of trauma. Then and so no that was confirmed current revenues from his own homes. I don't think when you interviewed her her boyfriend's. Did you did he no -- and. He did not and he did not really. Interview with a. He would not speak with -- us. We spoke with him and got his DNA. Communities prison. Alleged victim here the -- in knowing the twisted originally. So would you describe her as forthcoming less than -- which -- -- -- I think she was of somewhat torrent and and and wasn't real sure about a lot of things. So. I think she was forthcoming as much as she felt like she could. Want to protect her family herself her own name and that is not an uncommon thing for. Victims of crimes to do they want to protect. Family that would protect their own name -- won't protect friends they don't want -- everything and so. Opinion that time -- that was released by TTE. They indicated that the victim at some point did not want and move forward. Talk to me about have you been able to validate whether that actually happened it or not it. -- -- that you have to have that -- important. No you know one of the things is that this and this is real important. You know obviously we can not move forward. -- out -- victim. Corporation. Except in certain kinds of cases. So so. Her lack of her for her lack of corporation and her lack of helping us. You know would hinder the case but you just need to remember that the cases are brought in the name of the state of Florida. And it's our job to determine if we helped conduct that occurred in our community that -- punishment in the name of the state that we can prove. And if we can do that. Without regard to world with the victim you know obviously you don't have to help victim corporation. John Hudgens just finished a murder trial. His victim in that case did not incorporate. Because he's did and so the case -- -- in the name of the state of floor. And and and that's what we would do so now if if you victim comes in -- says not that happen. Then that's a problem and and you'd certainly like to know that before you pick injured. Let's talk Justin -- Roxanne Everett coming up just this last three weeks been like for you. I've got to know lobby all. And -- in the last three weeks at least on the phone. And and its -- been rather busy. And you know -- it I guess I could say it was there's there is a level of frustration. With this and I understand and then and I appreciate children the job that -- do in the job that you have done. You know I -- everybody had as much interest in all the other crimes that we have occurred in our communities did in this one but. When the investigation. Well we we worked we had thirteen working days are office -- and Jayson -- was here. Late into the evening and most the time men and if we've been. Ten hours -- day Thursday. Probably has that many hours we've made several road trips and we've contacted people in. Ohio. And we've contacted people in this state. We've had a lot of corporation from a lot of folks that we enlisted the help of another state attorney in Florida to help us. -- this investigation. Listed the help of a prosecutor in Ohio. To help us up there and -- a witness in. And we were a day behind him. We were movement and we did so so we've worked pretty hard. You can describe -- that the victim as she she doesn't back away from personal. However she's not cooperative so here say she's not incorporate. The -- that -- testimony has has basically has some problems with -- she can't remember some of the things and and that is a problem. And in some things she can remember and so it does have these problems. Which leads us to the point that we did not feel like we -- move forward with the prosecution. And tell -- things the the public record -- -- -- united and well public records request individually to get the apple board. We're guessing it should be ready in the next reform. Thank you will be ready. -- -- is -- And -- of what we plan to do we have all of that we put it on the disks. And that this will be available to you so you can look at everything that we most everything -- And we have we have rejected I would remind you that Florida has a rape shield statute and -- should not use the victim's name in this case and publish it. That's a crime and we got -- award and and don't like this government thank you -- -- I have no idea what changes in the end we're -- hysteria against him. I think you -- thank you thank you -- Collins. We've been watching a news conference five Florida State attorney Willie -- who had concluded -- monthlong investigation. Into sexual assault allegations against FSU Seminole quarterback. Jay miss Winston. -- saying today that the case is closed there will be no charges pending. And that's again the case will not continue Jane this Winston will not be charged. With any crimes related to sexual assault and there are a lot of just spoken about during his news conference. Meg revealing that several people had been in the room during the alleged. Rape that occurred. The female had come forward. And about a month late and to claim she was raped -- about a month later. Revealed that the alleged rapists was -- -- Winston but again. The Florida State attorney's office determining. That they will not pursue charges they reason they say. Is that there is no likelihood. Of the conviction they did not have enough evidence. To be able to make these charges stick they did say the victim was cooperative with the attorney's office. And that she was can. Continued. To let them know that she would likely be willing to testify in this case but they said it was simply a case of no evidence it was a case of one person's word. Against another they were also very careful to say that there was no preferential treatment in dealing with an athlete here particularly one. The stature -- gene -- miss Winston. It was a surprisingly light hearted news conference which may have taken some -- back. There -- some laughter during the news conference and a light hearted manner. And they continue to talk about some of those details of ABC's -- -- it was in the room. During the news conference and joins us now with more so the bottom line here -- Winston will not be facing any charges -- is free and clear GO. That's absolutely right now he'll be. You know here -- not. -- -- -- they're. Well -- basically what was happening here -- is that. Here this state. Does not have enough to prosecute -- Winston and and -- the bottom line right -- -- if we're looking forward the other. Now there were questions about how long this investigation will -- how long the police department -- total. To collect all the evidence so that's very evident that they're talking about here that they need to do what he interviews they needed more with distant or. And so that's what took a lot longer and that's what the other state tourney here was saying that he -- she had a lot more. So interesting when they talked about these interviews it was revealed today that in in the rape -- that they -- Taken from the alleged victim there were two DNA samples this is something. That is knew what information now Winston's DNA was found on the victim. As well -- her boyfriend he tells a little bit about those circumstances. Yeah and then that was something where the state attorney what to. The secretary shares they that he that. There's department went to. The -- the victim the alleged victim and stricter her. You know who is this is you know did you have sex with anybody else but -- -- -- yes my -- And they -- -- who and she will not -- the identity. At least that's what state attorney is saying about that conversational electronic. Later on he says they were able to do buying. That DNA and match it with the port and and -- -- -- -- -- -- And I think that all of that certainly played into Tuesday this. Interesting because they had attempted to interview the boyfriend he would not allow himself to be interviewed by the state attorney's investigators. As they did say the accuser continued to be cooperative. But it seemed like there were issues with her memory even though there was. Some drug testing they reveal that she had not been impaired by drugs or alcohol that night. Absolutely you know the big drug testing that was done. Revealed that zero point -- -- the -- -- awful. Up at the palace later they're estimating. That blood alcohol level could have been. You know one point oh. Had the had to has been done earlier but you're right they did not buying any drugs in her system or it and it would help. Now it'll be interesting they're releasing the full reports. Right after right right at this moment. They talked about there being more than one person in the room when the alleged attack occurred. They also talked about. The boyfriend not knowing who wins a -- this Winston was and it it seems to still be -- a lot of lack of clarity in terms of what actually happened that night. That's right and in -- work either we're and we get those documents those deplorable we answers we're not gonna get. Alas that alleged victim comes out and speaking to -- -- it's very likely we will never know those details. Let's talk about James Winston for a moment he is someone with a very bright future in football. And the stated attorney took a lot of care to say this is not a case of preferential treatment. He's up for Heisman Trophy he's a very big championship game coming up this Saturday. He's gonna go into all of that -- With a much lighter burden on the shoulders. Right he was just named NB ACC player of the year and -- does that one of the top players in the country and I think that's what so many people. We're so closely monitoring the district. Did it strike cute at all that the atmosphere at the news conference was a little bit light to give in other circumstances clearly didn't -- -- has been accused of a crime now person has been cleared of -- crime but at the same time. There were moments of laughter there was some levity. What was that's -- -- people in the room. It was a very supportive in -- had a reporter right next to me looking wait a minute why wouldn't she identified the -- for. And the state attorney turned around -- well -- -- girl. And then instead of answering you know potentially well I mean obviously Mike so what you're right there was that very light hearted appeal. Europe this is. It -- GOP need as a wanna thank you so much for joining us you had we -- -- picture there front proceed at this news conference once again. -- -- Winston FSU Seminole quarterback has been cleared of all charges he will not face charges. For sexual assault we're actually going to hear from his attorney a little bit later. Today 330 his attorney is going to speak and then at 6 o'clock -- coach Jim -- Fisher. We'll speak as well. But from old. Vantage points here. Winston will get to play this Saturday this has been an ABC news digital special report. Mr. quarterback -- -- Winston cleared. Of all charges -- -- Hernandez in New York.

This transcript has been automatically generated and may not be 100% accurate.

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