Documents related to TPD`s Investigation
Transcription
Documents related to TPD`s Investigation
Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report I Case# N 00-12-032758 c I D E I Date of Report 12107/2012 04:43 Occurred On/From 1210712012 01 :30 Occurred To 12107/2012 02 :00 Report Type Original Department Case Status Open/Active Case Status Date Cleared Incident Type Criminal Offense Business Name Unk - Tallahassee, FL PhotosNideo Taken by : Kornegay Photos of Damaged Property (Yes/No) : N Crime Scene Processed by : N Specific Location Type : Apartment Hate Crime? : No Confidentiality Req? : Yes - Sexual Battery Juvenile Involved? : No DistricVZone : Alpha-7A Total Damaged Property Value : $0.00 Total Stolen Property Value : $0 .00 Total Recovered Prooertv Value : $0.00 N Day of Occurrence : Friday Dispatched : 12107/2012 04:03 T Received : 12107/2012 04:01 Arrived : 12107/2012 04:10 Reported Via 911? : N Was Evidence Collected? : Yes Evidence Collected From : Person (s) PhotosNideo Taken?: Yes - Digital Photos of Victim's Injury : Y Digital Camera# and Vehicle Video# : Forensics Photos of Susoect's lniurv : N 0 N Attempted/Committed Committed Florida Statute 794.011 (5) Sex Assault-Victim Over 12 VOA-Physical Force No Damage F F E 12107/2012 04:43 1 s E I Offense Class Original Offense Disposition Date Lighting Conditions Unknown Counts Per Statute/Ordinance : 1 Offense Status : Open Victim's Actions Before/During Offense : Drinking Unknown Unknown (Suspect.Primary Role) Weapon Type Used 1 : Unknown Motive : Sexual Gratification End of Offense: p Person Type E R Victim Home Phone 0 Mobile Phone/Pager 1 Business Phone Business/Person Name Map Reference ff9.07~ (2)(1i s Employer Address Map Reference (119.07T(2@ N Race Sex 119,011(2 H9.011(2)(fi) SSN 119.07l{5Ra) DUID Number DL Exp. Date Birth City 119.071(2}(h) End of Person: p E R s 0 N 2 I Person Type Business/Person Name Suspect Home Phone Unknown Unknown Person Address Map Reference Mobile Phone/Pager Employer Address Map Reference Race Black Sex Male Reporting Officer Officer CLAYTON FALLIS 631 (28014) ISSN Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant FRANK ARIAS 269 Business Phone I DL Exp. Date I DUID Number 0 Report Status: Approved 0 Date/Time (03424) Department Tallahassee Police Department Date I Time 12107/2012 10:56 of 3 Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report Birth Date I Birth City Hair Style : Straight Eye Color : Brown Build : Muscular Complexion : Dark General Appearance : Casual Demeanor : Polite Min . Height : 5'09" Max . Height : 5'11" Min . Weight : 240 lbs Shirt : Red t shirt Pants : Jeans Hair Color : Black Hair Lenath : Short I Uo to 1/2" \ End of Person: N A R R A T I v E Topic 12/07/2012 04:43 2 Sexual Battery - Original Report SEXUAL BATTERY - ORIGINAL REPORT 1 ====================================== ___... DISPATCH INFORMATION: 56 ON CAMPUS ATI Original Location : FSU FSU OFC THAT IS W ICTIM Wl[L HAVE MORE INFO Primary Unit CHANGED To: PD/631-A3 J I, OCC AT A APT COMPLEX OFF CAMPUS ARRIVAL ON SCENE: Upon my arrival I was meet by FSU PD Ofc Harris 432 who stated that the victim was sexually battered by an unknown male in a off campus location. DESCRIPTION OF SCENE: The victim was not able to provide the address of the incident location. PHYSICAL AND EMOTIONAL CONDITION OF VICTIM: The victim had no obvious signs of external injury. She was slightly upset but was able to clearly communicate. As the investigation continued seve ral bruises began to appear on the victim. OFFENSENICTIM'S ACCOUNT: The victim stated that she was at Potbellys drinking with a male friend ( Marcus Jordan) and they were drinking same cup. As she was walking through the club she was offered a shot by an unknown white male who is friend with Jordan. A short time later she texed her friend Monique Kessler. She then stated that she possibly got into a cab and was driven to the unknown incident location. She stated that she can not recall how she met the suspect. Upon arrival at the incident location they went into the suspects room and the suspect removed the victims clothes and began to have sexual intercourse with her. The victim stated that he thinks the suspect was wearing a condom during the incident. At some point a person passably the suspect roommate entered the room and told the suspect to stop. The victim stated that she was telling the suspect to stop but he did not, she further stated that he was trying to kick the suspect off of her but was unable to. The suspect also pinned the victims arms down. The suspect then took the victim to the bathroom and continued the assault. She does not remember dressing herself, the next thing she remembers is ridding on a scooter that was being driven by the suspect, and being dropped off at Call and Stadium. She then walked back to her dorm and cal led FSUPD. Reporting Officer Officer CLAYTON FALLIS 631 (28014) Department Tall ahassee Police Department Secondary Officer Name 0 Report Status: Approved 0 Date/Time I\) Verifying Officer Sergeant FRANK ARIAS 269 (03424) Department Tallahassee Police Department Date / Time 12/07/2012 10:56 0 w I\) ..... 01 2 of 3 00 Tallahassee Police Department Date of Report 12107/2012 04:43 Case # 00-12-032758 Incident Report VICTIM/SUSPECT RELATIONSHIP: None WITNESS(ES) ACCOUNT: None OFFICER OBSERVATIONS: Upon my arrival I noted that the victim was slightly upset and was not able to fully recall the incident. She was very cooperative during the investigation. Forensics responded to TMH and took photos of the victim . . CONTACT WITH SUSPECT/VICTIM'S DESCRIPTION OF SUSPECT: The victim stated that the suspect was a black male wearing jeans, and a red T-shirt. EVIDENCE RECOVERED: I collected the victims outer clothes from her dorm room, She was unable to recall where her underpants were. The SANE nurse Walker responded to TMH and collected the SA kit. SEX CRIMES NOTIFIED/RESPONDED: Inv Angulo was notified and responded to TMHER. CHARGES/FOLLOW-UP: l::nd ot Narrative: 1 Reporting Officer Officer CLAYTON FALLIS 631 (28014) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant FRANK ARIAS 269 0 Report Status: Approved 0 Date/Time (03424) Department Tallahassee Police Department Date I Time 12/07/201210:56 3 of 3 I . Case Number Tallahassee Police Department Pro p'e rty & Evidence Receipt l of Crime or Incident ...z ~ 2. Type]f r2J ,,, ., ,..,;, l:,. ,~14L Ul 0 u 5. Address where ilems were taken (Giveexaet 1 .n7.- ~;. \VinACE Number U) rll I f /..;.. z.li..71fl g 0 I 3. D~te, Day, 2nd-Time lmpou~ded f Joc~tion lolol-11 ltl00 ofn:covered items) 119.071 (2)(fi) !; 6. l'cr.son Type Coda: V • Viaim 0 • Owner R ~ Reporting P=oo P ~ Oi:soovcri1g Ptrwn S - Sus~ A • Ai=tcd !'=on (Note: All Iha! apply) 5 C1h1 7. Namc(Last, first Middle) ~ - l ut 9. Su: 11. Address (Include City, State, and ZIP Code) 12. Home Phone 13. Work Phane 119.011 (2)(n) v 119.071 (2)(11) z 10. 0.0 .B. I / 0 Cl) ~ UJ c.. ·: ·:· 15. Quantity [Weight/Count) 14. ltem Nwnber ,. ·/ ' 17. P&E ·Location . (Found property- include circum tances ofrecei1>t) 16. Narrative/Description: (Generic: name, sty le/shape, specific type, mnerial, tr:ide or manufacture name, model, size. color, condition identifying marks: etc.) C l~07f../; I .fir C 7 ,!'-1<; - fZ 11 fl / fit f<: / ' - ,4 . "}~!• .(t/Jo !7rlV't -15 ·' c.c · 11£.- - .. .., ' f UJ -> F ·~ .. °'<;z. . \t>' . ~M. . ~ ' I ,.' I / . , / 18. NCICOicck 119. Hold Requested ,U'Yes 0 Yes c;;;bNo Requestin~ Person/Purpose: 22. Signature of person received from (if present): 0 24. Sign;iture of Seizing Officer and ID Number: No (No hold allowed on found p~rty) ( ~ , '7 ~,. C.. /-i. · 23. Supervisor's Approval Sign_arure: l . f'4t..C :~ L 5 I hem numbers/Purpose . .) ~ I ·. JD/Pt :J >- u u. 27. Released from : z < :c . Date/Time ~ ll.-1-1~ .. Ji,·. '\")- 0 .. , Received: ln persoo: 0 · After-hours Storage:. Other: 0 person: o ·- /)~ '1-llJ I ., Date/Time 28.. RclC3sed from : Rcc.eived by: Item numbers/Purpose O;ite/Time Received: In person: ; 2ND COPY · RECORDS MANAGEMENT SECTION PD 139 Revised July 2010 .. - .. ....._, .. ·-~ . ~ 0 Yes · 0 No •.26. Processed by/Date Received: 1n After-boun Storilgt-; Other: 1 (.) • Recei~~ ' Item numbcrs/Purpo5e 21. HTE Report \Vrincn ·"\ ~ Received by: 0 byillie 25. Verifying Signature (req ired for cash) ~ 0 I ~°"m-N<ti&rl 0· Aflcr·holirs Storage: Other: D ' Tallahassee Police Department ' Prope~ty & Evidence ·Receipt . ·. .. 2. ~ of Crime or Incident . _ I . ~-Oat~, Day , and Time [mpouoaed zf- <; ~ 6. Address where items were taken (Give exact location of recovered items) I_Li ~( { t,;; I'-/ fr1 , c o76fc. £le- 8 . 171'1 t'Jf/t. 'l .)(?f A(... 7. Person T}'ll!: Codes: V =Victim 0 =Owner 8. Narne {L'!!t, F"rrst Middle) 9. Ra.cc JO.Su 11.D.O.B. "' Ii II. ) - L2: Address ~Include city. slate, and zip-code) 13. Home Phone 14. Work Phone 119.071 [2)(h) v !119.071 (2)(h)l z / Ill .. .. Q.. ' .l_ 17. Narrative/Desi:ription:. (Found property - include circumstances of receipt) (Generic name. stvle/shape, snedfic tvoe, ma1erial, trade or manufacture name, model, size. color, cond ition, identifvin11 marks, etc.). 74 tt::., ·p-;,.v(c I 1L/ .. •. .. 16. Quantity (Weight/Count) 15. ltem . Number r$ . 7 R 0 Ill( --.I l. = Reporting P=n P =Discovering Person -S = Suspect A= Arrested Person (Note all that apply) . . 1. Codn 0 I: Case Number - · ~ 2.. .. 012 ·{ '(--fl,, . (L- 07-11- IL ·.. I- _7 0k ( ·r ~ - Sf·t>/lt) I'- r I -- .. ' Ill 2: !'-<· < ll: ll: z<" .. .,. .. ,. 18. NOCOlCck) 119. Hold Requested ;Q Y~ No ,. Requesting Person/Purpose: O Yes~ 0 No (No hold allqwed on found property) .·1 :;n Own:r Nceified by 0.: . -._ (/'k,t ·C. .:;_ 1 1 f (/ • \ 22; Bignature ofijl!!rson:reeeived fr~presenr): ~V-'1 l)J.11 . :, 24. St?-amre,,$Seizing Officer and ~ Number;-· • -...-:/1(..~t'( 23. Supervisor's· Approyal Signature: !... 1·1 25. Veri?fog-Signa)re (rer1ed for cash) . ' ~eceived. ~ J~ Item numbe~rpose _~;;;).. - fl I: TO I 26. Released from: Datefl'iru.7 1)..- ~ I 0 0 f- Item numbers/Purpose ti.. · 27.· Released.from: ·o ·z < :r: o-g~Lp Received by: >- 8"' I~ Dateffime .. Received by: ' lleni numbers/Purpose D:ueffime. 28. Released from: Received by: 29. Released from: Received by: .. Date/fime 0 .( . 0 d Other:. ,. I 1em nu inbers/Purposc 0 · After-hours Storage: Dalclfimc . Received: Jn person: 0 After-hours Storage: Other. Received: lnperson: .. . . Item numbers/Purpose 0 Received: Jn ~rson : 0 After-hours Slorage: Other: ., ·U Received: In person: 0 Afler-hours Storage: Other: Received: In pe.rson: 0 Af1er-h-Ours Storage: Other: . ..' 0 ~ '! ; , I PD 139 Revised' August 2007 RECORDS MANAGEMENT SECTION ,·.. Tall ah as see· Police Department Property & E.vidence Receipt I. Case Number · lolol- I' 121 . ~. 3. Date, Day, and Time lmpounded 2. Type of Crime or Incident I ).J_/7 /tz · F~. l S"''"'~ I t1.. J.//#r ._ 5. Address where items were.t;iken (Give exact location of recovered items1 E- zIJJ 0 5 2J ·'I IF ~ r:·~·)Yin.AC.E:Number. : · ~~:·;.:{ ..)-i'. ..·: .! ' _·-: ..' : 7. Name (Last; First Middle) B. lue 9. So 10. D.0 .B. 11 . Address (Include City, State, and ZIP Code) .. 13. Work ·Phone 12. Home Phone '·.·.· ·"- z ..... : 0 . .. . . .. .. UJ Q.. - .. . > .. VJ IX '\ ,· ;, .· ... - .. ~ · .i .. .; . . .. . . . .. .. .. .. .. •, Number .. 15. Quantity (WeighVCount) '} (Found property·- include circumstances of receipt) 16. Narrative/Description: (Generic name, style/shape, specific type._ material, trade or manufacture name,, m'odel, size, color, condition, identifying marks, etc.) . I f1 e //~ /, r, '/~ "DPf ;,,.,,.J. ' (lb I .... .. .. •# -. . . ·14. Item : : 6. Person TYP, Codes: V;. Victiin 0 =Owner R =Reporting Person P - Discovering P~n S - Suspect A= Ariested Person (Note all that applyj i. Ct4o .. .. A.~ .· /711 ' 3-SQ, 1.1;i lLs-1? 0 . .. , .' ·: 17.. P&E " · Location . : . •. - '. ;. J . .; .. ' :y.· .•:;_ - ; \.. r ... . ~ (::: .. . ·-.... .. ·-·: ~ .. ~ z< : : . .. .. . ... :· .. I I . ~ 119.Hold Reques:~es 0 I 18. NClC~ " 0 Yes i; 0 i 22. Sigliature of person received from (if present): I I ! 5" 0 Cl'.l :::> u o· z ~ u· I\ II fl ot( F' ose: Item numbers/Purpose #_ 2... -/-tJ I- 7.:;:-r( ~Dateffime A 1 / A£ ,_ 28. Released from: Item numbers!Pu_rpose .. 20.~Nelified by/Cale ·' ,_ ,. 21. HTE Report Written 0 Yes · ~ No · · ~6 - PJo.cessed by(Oate .. 0/7(/(_ c 2 Received: In person: After-hours Storage: Other: 7'1J)~ ~ _7-/2 I ~ · yc; Received by: Date/Time .. o· g/·., Received: In person: After-hours S1orage: Other: Received: In person: D After-houll; Storage: Other: . ,:-, 2ND COPY - RECORDS MANAGEMENT SECTION PD 139 Revised July 2Q I 0 .. GJ- Receiv~/~ . Dat.errime / .. I fReceived by~~~ . c;- . "'\ 27. Released from: · Iterp numbers/Purpose O,C/VC {:;. ... 25. Verifying Signature (required for cash) .. . .L ~Ve/.},;.~ ,,_ . : l;;-1/1 _ 23. Supervisor' s Approval Signature: . 7~;; I- u.. RequestinJ?: Perso No (No hold allowed on found property) \ ·o · D (" ' !· ·~ .:. .. -;· ·.... ... . : ~·.{.~:...··>~}~~~::· .~~~·~· ~. . ,.:;·~ .~ :.··-·~ · : ... ~ . :-. : . r ..... ~ . ·, . ··' ·..:., . '...'T-a, :IJ;q(~ : s.:s ·e- ~:-:: P.~ol re e De p a~·t·t 'life n t. . · · P ro-p~trrt·y··· ~ ··E·v'r<i (~ c e.· e.ce i p( ·. ..... ' :·. ':: ..,_. r: n. . .6. Person .Twc Codes: V ~ Victim.' 0 1. r.11n oWner R = ~g P~n t/ 119.071 (2)(~) . -: . . ·'..f... • :--~: :, .· :· . . . ·. . .; . .. . . :.~ .~~ .!:.. > .. ··:1·.= _:CaseNuinber... ~·:.: ·_.·. · ··:~: .:·. ·.:·. ·.: ..... · .·r .., ·r-...,··,. ·._...,~·-'-· 'r-"I;°.',..,.:;ooi;:-;--,r:·~·...., I o 1·o·I - I/ ~ .f.,'. o JI c:.. I'·Is-1 < ....··-..,,-... . - - < - ··~ ;., Disc<;>vering J>erson S =Suspect A= Am:sred_PCISOII (Noie all that apply) i:. R"i . s~ • 7. Name (Las~ First Mid4lc). · . . 10.. p:o .B. 11 . Addre~s (Include-City, StaJ,e. and ZIP Code) 119.011 (2)(h) ..12. Ho~ Phone .13.-Work Phone _· I·:·. . 15. Quantity ." ._r~. :Narrative/Description : . · . . {Found property - include circumstances of recejpt) . __ . Number : ·(WclglitiCount) . ·.(Generic name, style/shape, speeific type, material, trade or rianufacturc name, model, size. color: condition,'id.cntifying markS, etc.) . 17. P&E Location- : 14. Item . \ .· . ~. . l . ..: ..~ . . .· Wf--~~~-t--~~~~~f--~,.-~~~~~~-r~~~~~~~~,.-~~~~~~..,-~~~~~~~~~~~~...,...-~-t-~~.,,...,.-,--'-i 2:i ·- :•" 1- . ~ 1-----t--'--'---'---lf--..,.....__~/-j--, .· --~-----,----~-,..--..! ~f--~~~-1--~-,-~~-'-'-f--~~~~~-,--~ . -r/~~~~~..,-~~-...,-~~~~.,..-~~~~~~~~~~.,..,-~~~~~~--jr--~~~-,-; r. 11-9. Hold Requested 'j(J .Yes .0 N2..{1ilo holt}allowed on found property) Yes lZl No·. ReQuestirig Person/Purpose: C';-c/~(' . . . · . 23. ·Supervisor's Approval Signature: 22: Sigr;iaJure of person received .from ~if present):' · ' 21.HTE Report Written Yes No · .18'. NCIC Oleck. . ·o 0 2~- Si~~ing O~cer a.nd ID:Numbc;r:_ .·· • > . . . - . . ..::i----.. ~ a · ~~ / .~ Jtemn J r~ip7 . . /,/./~ 7~ .. /JFC' :o 26. Processed by /Date 25 .. Verifying Signature {required for cash) · · Receiv~d by:_ · ~ DatC!IimJ£ - . ~..,, /.- ~/' · ~v - -'7_:_ J_l_ Received : . ~ : /& .I f V In persorr l!:1: AnCr-hours Storage: Other: ·: tJ ·-. .~~.-2-7. ... R-el~e~ --ed-·-fro __ m_:__............;.;..........--.............,........,....;p.:-R-ec- e-iv-.e-d_b_y_:_..__..._______________~----------------~-~R-e-ce~i-ve-d~:-------------+ o fu~rs~ : d :z 1-'-------~~--------------if------'---~----'---------::-------1 After-houri; Storage: 0 ;: ::c Item numbers1P1:1~ose ·. ~· : Pate/Time. Other: · u.,__ __________ ....;.__________"""'_..__...,..____.,._1-------"'!----------..... ----......------------------~--~~-----------1 · Received by:_ .Rec.ejved : · · 28. from: Rele~ed . · In ~erson : 0 .. ~.-lt_e_ m_n_u_m . -b-e-rs/P-'--il-rp_o_s_e-..,-~--~--'----'------1f--D-a-te-ff_i_m_e_ · - - - - - - - - - - - - - - - - - - - - 1 Afie.r-holl!S ~torage : ·-Other:· ·.PD139 . Revised Jufy .201 O RECORDS ~MENTSECTION 0· .. CONTINUATION SUPPLEMENT STATEMENT Juvenile Involved Domestic Related 0 0 'i3"" 0 0 Gang Related Rrearm Involved 0 0 TALLAHASSEE POLICE DEPARTMENT OFFENSE REPORTING FORM AGENCY NUMBER FL0370300 Pae Correct Crime or Incident 3 ~ 7'S'?l Id:jf-:-Loca-L-t~n-o~fl~nc~~e~nt"---_i..."-=-'-''--='-'----f-------------+~D~at-e~~~~~~~ina~IR~e-po-rt-------,.~D-at-eo~f=This~Re-po-rt------ ~ z (A IV(<._ l'L~/- 1'2. -c.'7 - I Victim's Name {Last, First, Middle), Arrestee or Business Property Recovered (If yes, enter value) In the State of Florida/Leon County, - - - - - - - - - - - - - - - - - - - s w e a r s / a f firms the following to be a true and accurate statement: Wl--~.l.=_i_.o.,.i_~....L.l~..i..._--1J.::=.~~_.:.._-!....::....!......--l~...;6....e::.._;__~.L..:.-~~-~L..!IU-lt--+..i...__-.:..=_~..L----1,,.1J.4.L=...:'--.:....:.....:...=--'-l-+- > ~ a:l--+-~..l..L-!....L.!...--l--,.J.....-"l~~-->'...~~~::_-_:._--"'-=---=...l.-'-'----4-'.~j,,..LJ'---L~~~-\----l~:!..J_._____j~--=="-'-'~.J--~ a: ~1--41~~---L.:.l...IC..<~---l~::::::..Jlt:::::..~~~=--L.L..!.l.<'..l--~~~-=-==--=-.u..._..:...._.r...;~~....u.~~t.l<....--L-}.lll...L!..!.~I--.::.!..:~::...._-~ ~ I understand and know what I am doing. No promises/threats/coercion of any kind have been mad~o me irl makinC11this statement · !::: Ci: Signature_r_ 1- ~ ~ ~ .... Signature --'-£.....,~---1~~=----------- V _. Office<(s) Reporting/Dept. 1.0. # 1.f. ftJl-l.i) (s..1 / Date 2. Case Status (Status must be indicated for all cases.) lklpen/Pending D Closed PD 105 Revised 11/97 Date fl· J- 12 2. Case Disposition 0 Unfounded D Cleared by Arrest CENTRAL RECORDS 0 Cleared Exceptionally Tallahassee Police Department Date of Report Case # 00-1 2-032758 Incident Report I Case# N 00-12-032758 c I D I Date of Report 12107/2012 08:22 Incident Type Criminal Offense Occurred On/From Occurred To Report Type Supplemental - Forensic Department Case Status Case Status Date Cleared Business Name Tallahassee, FL E Arrived : 12107/20 12 08:00 N PhotosNideo Taken? : Yes - Digital T Photos of Victim's Injury : Yes PhotosNideo Taken bv : Korn eoav Total Damaged Property Value : $0.00 Total Stolen Property Value : $0.00 Total Recovered Property Value : $0 .00 Forensic Un it - Supplemental Report N Topic A R FORENSIC UNIT LATENT PRINT- SUPPLEMENTAL REPORT : 1 T I 12/07/2012 08 :22 ========================================================= VICTIM l r19.071"{2){fi} J #OF ITEMS/AREAS PROCESSED:photo only v E LATENT PRINTS DEVELOPED: YES LATENT PRINTS OF VALUE: VALUE: FINGERS PALMS YES NO NO PARTIALS x NA SHOES AFIS INCIDENT:Sexual Battery DATE :120712 LOCATION:TMH ER 1440 Miccosukee Road As requested I traveled to the above location and upon arrival I was met by Investigator S. Angulo. As requested I photog raphed the victim. As directed by Angulo I photographed red in color areas of suspected bruising on the victim's knees , forearms and feet. A scale was used in some of the exoosures. End of Narrative: 1 Reporting Officer Forensic Specialist WILLIAM KORNEGAY 814 Department (485Tallahassee Police Department Secondary Officer Name Verifying Officer Forensic Supervisor JOANNE MALTESE 898 0 Report Status : Approved 0 Date/Time Department (3563Tallahassee Police Department Date / Time 12/10/20 12 13:15 l of l Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report I Case# N 00-12-032758 c I D E I Date of Report 12110/2012 17:08 Incident Type Criminal Offense Occurred On/From Occurred To Report Type Supplemental - Follow-Up CH Department Case Status CID -Assigned-SVU Case Status Date Cleared Business Name Tallahassee, FL Total Recovered Property Value : $0 .00 N Total Damaged Property Value: $0.00 T 12110/2012 17:08 Total Stolen Property Value : $0.00 N A R Topic Angulo , Scott This case has been assigned to Inv. Angulo . : 1 T I v E End of Narrative: 1 Reporting Officer Sergeant ANN E JOHNSON 267 (93979) Department Tallahassee Police Department Secondary Officer Name 0 Report Status: Approved 0 Date/Time t'V Verifying Officer Sergeant ANNE JOHNSON 267 (93979) Department Tallahassee Police Department Date / Time 12110/20 12 17:09 0 "' t'V --i • c.n 1 of 1 00 FDLE Florida Department of Law Enforcement CASE TRACKING FORM Tallahassee Regional Operations Center Post Office Box 1489 Tallahassee, Florida 32302 1-800-641-4627 www.fdle.state.n.us 111 1111 1111111111111111111 11 111111111111 FDLE PRIMARY AGENCY INFORMATION Tallahassee Police Department Attn: Scott Angulo 234 East Seventh Avenue Tallahassee, FL 32303-5593 Case Submitted By Specialist Joann Houston Received By Ben Lozowski Received On 01/17/2013 10:19 EST 20130100121 Submission Packages with submission Phone: (850) 891-4554 4 Tallahassee Police Department ORI FL0370300 Agency Case # 12-32758 Case References: No OFFENSE INFORMATION VICTIMS County of Offense Leon County Offense Date December 07, 2012 Offenses Sexual Assault Cont. FD~ Agency ~" 1- ~~o '' -·· Item No. """' '::11 l I 11 9.011 (2 (n) Description of Evidence Analysis Requested S~n BIO-JD • 2 sexual assault kit - STC Sexual Assault Evidence Kit for f 'm.071 Cl)(tlll 2 3 SWE; clothing - STC Victim's underwears BIO-ID 3 3A SBPB; clothing - STC Victim's pink shor ts BIO-ID 4 4 SWBOX; Blood specimen • STC Tox Kit for f119.071 (2)(11) UDS, BDS Comments Submitted By: Spec1ahst Joann Houston Received By: Ben Lozowsk.1 G"nme Laooratory Technician Page I of I Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report I I Case# Date of Report 02/11 /2013 09:18 N 00-1 2-032758 c I Incident Type Criminal Offense 02111 /2013 09: 18 Occurred On/From Occurred To Report Type Supplemental - Follow-Up Cl! Department Case Status CID - Open/Inactive Case Status Date Cleared Business Name Unk - Tallahassee, FL E Reported Via 911?: N N Was Evidence Collected? : Yes T Evidence Collected From : Person (s) PhotosNideo Taken?: Yes - Digital Photos of Victim's Injury : Y Digital Camera# and Vehicle Video# : Forensics Photos of Suspect's Injury : N PhotosNideo Taken by: Kornegay Photos of Damaaed Prooertv !Yes/Nol : N D Crime Scene Processed by : N Specific Location Type : Apartment Hate Crime? : No Confidentiality Req ? : Yes - Sexual Battery Juvenile Involved? : No DistricVZone : Alpha-7A Total Damaged Property Value : $0.00 Total Stolen Property Value : $0.00 Total Recovered Prooertv Value: $0.00 p Person Type Business/Person Name E Victim Home Phone 1 119.071 (2)(fil" R s 1 0 N Mobile Phone/Pager Person Aodress I Employer Address I Business Phone Map Reference '119.071 (2}(h) I Map Reference ~ 19 .071 (2RfiJ Race Sex Birth Date I DL Exp. Date ISSN ~l9:07ll2){1\) r9.07l(2~h Birth City IIT9.07f(2)(h) ~ 1s.011 (2XfiJ 119-:-071(2/(fiY--, 19:071(2)(h1 L, I L.-, ' End of Person: p Person Type Business/Person Name E Witness Home Phone Jenna Weisberg Person Address 23181 SW 61 ST Ave Tallahassee, FL 3 Employer Address R s 0 2 N I DUID Number Mobile Phone/Pager (561) 886-7595 Sex Female Birth City Race White Birth Date 12/15/1992 1 I Business Phone Map Reference -3428 Map Reference I DL Exp. Date ISSN I DUID Number ITT 9 .0712(2)(DJ' Min . Height : 5'03" Age : 20 DUID State : FL End of Person: 2 p Person Type Business/Person Name E Witness Home Phone Brian Henrv Person Address 39641 6TH Ave Zephyrhills , FL Map Reference Mobile Phone/Pager (813) 997-0634 Race Black Birth Date 09/23/1993 Employer Address Map Reference R s 3 0 N Reporting Officer Investigator S ANGULO 746 (94046) Sex Female Birth City ISSN Department Tallahassee Police Department Secondary Officer Name I Business Phone I DL Exp. Date I DUID Number IITT 9.071212T@ 0 Report Status: Approved 0 Date/Time N Verifying Officer Sergeant J BALDWIN 203 (05135) Department Tallahassee Police Department Date / Time 02/18/2013 15:52 0 (,.) N ...,, l of 6 c.n co Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report I Ag.e : 19 02/11 /2013 09:18 DU ID State : FL End of Person: 3 I p Person Type Business/Person Name E Witness Home Phone (850) 826-1994 Monique Kessler Person Address Map Reference Mobile Phone/Pager Employer Address Map Reference Race White Sex Female Birth Date 10/28/1993 Birth City R s 0 4 N Business Phone I DL Exp. Date ISSN DUID State : FL End of Person: : 1 T I v E DUID Number 1 Age : 19 N A R I f9-:0712l2J(6J 4 Basic - Supplemental Report Topic On December 7, 2012, the Florida State Police Department contacted this a sexual battery that occurred off campus. Officer Fallis responded to and made contact with FSU officer Harris (432) and the victim told Officer a 1s s e was at Potbelly's drinking with some friends. She then remembers getting into what she believed was a cab and was taken to an unknown location. Once they arrived at the incident location , she and the suspect went into a bedroom and the suspect took her clothes off, and began to have vaginal intercourse with her. • was unsure whether the suspect wore a condom. According to ., she told the suspect to stop and tried to physically resist him ; however, he had her pinned down by her arms. At some point another male entered the bedroom and told the suspect to stop. The suspect then took • · into the bathroom and continued the assault. Her next memory was that she was on the back of a scooter with the suspect driving. She was dropped off at Call St. and Stadium Drive. She walked to her apartment and called the police. • · was transported to the Tallahassee Memorial Healthcare (TMH) emergency room for treatment and evidence collection. According to the Sexual Assau lt Information Sheet, . "had vague recollection of events from last night. Reports vodka 5 cups and shot of something @ bar. Unknown Perp states held down by arms & legs. Now (with) generalized muscle aches and vaginal tenderness." The Sexual Assault Nurse notes some redness on knees and the top of her left foot. She also noted brown bruises on . . left knee and on her right elbow. I initially made contact with in the emergency room . She appeared to be very tired , but lucid (not intoxicated). We spoke briefly . • did state that she and her friends went to Potbelly's earl ier in the night at about 11 :30 and had some drinks, (she estimated about 5). Somehow she got separated from her friends and next thing she knew she was in a taxi w ith several males. She then remembers being on a bed in a bedroom with a male subject holding her down, having vaginal intercourse with her. At some point a male entered the room and told him to stop. He responded by taking her into the bathroom and continuing what he was Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name 0 Report Status: Approved 0 Date/Time N Verifying Officer Sergeant J BALDWIN 203 (05135) Department Tallahassee Police Department Date I Time 02/18/2013 15:52 0 w N -.J 01 2 of 6 00 Tallahassee Police Department Date of Report 02/11 /2013 09:18 Case # 00-12-032758 Incident Report doing. described the male as a black male that was about 6'2" tall, with a dark complexion, and had hair t at looked like it needed to be cut. She said that he had "kind of Asian looking eyes." described the male that interrupted the incident as being not as big and having dreads. She couldn't remember more than that about him. couldn't remember anything about the apartment other than the suspect's door didn't lock. She did remember being driven home on a black scooter. Due to . . exhaustion, it was decided to conduct a second interview later in the day. l l lended our conversation by stating she wasn't sure whether she wanted to press charges . • came to the station on 12/7/13 at about 3:45pm. According to , her friend Ashley told her that she saw a text message on phone from someone that told her to meet him outside . . .stated she does not remember getting a text like that but that she checked her phone and didn't see a text like that. arrived with her friend Monique. Monique told me that she remembers was talking to a larger black male near the bathrooms. Monique stated the male stated he was a linebacker on the football team . She did not know whether left with this subject. In a recorded interview started out by stating she and some friends went to Potbelly's bar. While there, they were drinking from some of their friends' cups until their friend Marcus arrived. Once Marcus arrived she, Marcus and Monique shared 5 drinks. stated she heard that she also had 3 shots but does not remember them. Later in the night a shorter "Indian" looking guy was following her around and a bar tender came to her rescue . The bar tender also gave her a shot. She described the bar tender as being a tall, black male but could not described him further. described the suspect as being between 5'9" and 5'11" with big muscles. She said that he had a "short afro" that looked like it needed to be cut. • stated there were three males, besides the driver, in the Cab. She remembers a FSU card was used to get a discount on the cab and that a credit card was used to pay for the ride; but, she does not remember which male subject paid. She stated that all three males in the cab with her were black males. The male the interrupted the incident sat in the back seat and a larger male with a shaved head , the male in the front seat was repeatedly telling her to call her sat in the front seat. According to friend, but she was unable to reach Monique. said that he seemed to know who Monique was; although , he never said her name. She described the apartment complex where the incident occurred as "looking like a hotel". She said the complex appeared to be two buildings with an area between them. The apartment was on the was ground floor and there were two scooters (red and black) parked in front of the apartment. unable to say where the complex was located. Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name 0 Report Status: Approved 0 Date/Time N Verifying Officer Sergeant J BALDWIN 203 (05 135) Department Tallahassee Police Department Date / Time 02/18/20 13 15:52 0 w N -...J 01 3 of 6 °" Tallahassee Police Department Date of Report 02/11 /2013 09 :1 8 Case # 00-12-032758 Incident Report stated the apartment in which the incident occurred was on the first floor. The room where the incident occurred had a broken door that did not shut all the way. The room had a queen size bed with red and gold sheets. The sheets had a polka dot kind of design on them. The bedroom had its own bathroom. she remembers lying on the bed and the suspect taking her clothes off . • stated According to she was "kinda incoherent" and was "just laying there" . When he started to have intercourse with her, she stated she told him to stop but wasn't yelling or anything, she was quiet because she felt sick. stated the suspect started out on top of her but then rolled her over and !ried to put her on top of him but she "just laid there", so he rolled her back over. After a little while a male subject she described as a bigger but not taller (than the suspect) black male came into the room and told him }o stop. The and carrying her to the bathroom. Once in the bathroom , the suspect responded by picking up suspect told that he could lock that door. He then put her on the ground and continued the assault. After the assault he told her that she "could go now", but then said he'd take her home on the scooter. The suspect put her on the back of a black scooter and drove her to the intersection of Call St. and Stadium Dr. and dropped her off. The drive from the apartment to the intersection was less than 2 minutes. When he left he turned account on Call St and went towards the new Chick Fil-A between Tennessee St. and Call St.. wasn't able to describe the person that came into the room during the incident any more than the night before. stated she is familiar with the football player she was talking to by the bathrooms that Monique mentioned. According to that person is a freshman football player and his name is Chris. She does not remember seeing Chris after that. She did recall Chris saying that he was looking for his roommate. She does not think Chris was in the cab after they left the bar. Following the interview, . still wasn't sure whether she wanted to press charges. Efforts to locate a suspect via records at Yellow Cab were not productive. The GPS units on the vehicles are not precise enough to eliminate enough cabs to focus the search. Several cabs left the area of Potbelly's bar the night in question and several of those cabs has FSU card swipes. An email was sent to all cab drivers working that night asking for drivers to come forward when provided the demographics of the passengers and the pick-up location. No drivers responded. On January 10, 2013 I received a voicemail from • · In that voice mail, stated she thinks she knows who the suspect is. According to . . the suspect is in one of her classes. I returned · ·s call on January 11 , 2013 and scheduled a meeting with her later that day. According to the suspect's name is Jamies Winston. I was called later in the day by a Patricia Carroll. Ms. Carroll advised she is and is also an attorney. Ms. Carroll asked that all communications go and her family were concerned because Winston is a big name through her. Ms. Carroll advised • on campus and she is afraid of the consequences of pressing charges. Ms. Carroll said that she has advised . to seek some counseling and then decide whether she wanted to press charges. Investigator Osborn made contact with Winston to schedule an interview. Winston stated he had Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant J BALDWIN 203 0 Report Status: Approved 0 Date/Time (05135) Department Tallahassee Police Department Date I Time 02/18/2013 15:52 0 w N 'I U1 4 of 6 co Tallahassee Police Department Date of Report 02/11 /2013 09:18 Case # 00-12-032758 Incident Report baseball practice but would call back later to set a time. The next day, Dan Jansen Esq. arrived at the station and said he had been retained to represent Winston. Mr. Jansen was given enough particulars to allow Winston to be able to recall the incident. Jansen stated he would be in touch. Jansen was later contacted. He stated he did not think it was in his client's best interest to give a statement at this time . According to the FSU Police Department CAD notes, the FSU PD was called to on December 7, 2012 at 3:29am reference a sexual battery. The caller identified hersel as a Jenna Wiesberg (phone number 561-886-7595). According to the CAD notes, Wiesberg stated her friend had been raped. The notes indicate the victim met the suspect at Potbelly's and was hit on the head and kept blacking out during the incident. FSUPD Officer Harris wrote the following in his report of the incident: Upon arrival I made contact with the victim, . She informed me that earlier that morning she was at Pot Belly's, a ocal bar, with some friends. She stated she had five mixed drinks that contained vodka and a mixer that was unknown. said she wasn't old enough to drink and that a male friend of hers was sharing his drinks with her. did not want to provide the male friend's name because she knew he wasn't off age to buy drinks either, but he had a way to get drinks. informed me that while walking through the bar a male (unknown to her) handed her a shot. After she consumed the shot she stated she couldn't remember what happen next. She thinks she got into a cab stated she with someone because they asked to see her student ID. blacked out after that. The next then she was able to recal was waking up on the floor of someone's apartment. She knew she wasn't at Pot Belly's, but she couldn't tell me exactly where she was. The next thing she remembered was being on a bed and a black male having penis to vagina intercourse with her. She stated she saw the door open and another black male with dreads in his hair stand in the doorway while telling the other black male to stop what he was doing stated she told the black male to stop, but he replied it would be ok. • -'s text messages (SMS and Apple Messages) were downloaded from her phone during her follow -up interview on December 7, 2012. There are no texts as described by Ashley. The only texts around the time in question are to Monique Kessler (850-826-1994). That exchange is retyped below: 12:50am -Come Find Me 1:45am - do you have me I'd? 1:47am Kessler -I don't think so! You grabbed it 1:48am -Fuckkkkkkk 1:49am Kessler -It was with your money 1:49am Kessler -Find it!!! 1:48am Kessler -Did you find it -I didn't find it. Where are you? 2:24am -H is house 2:29am Kessler -I need to talk to you tomorrow. 2:29am • 2:36am Kessler -Where r u? Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant J BALDWIN 203 0 Report Status: Approved 0 Date/Time (05135) Department Tallahassee Police Department Date / Time 02/18/2013 15:52 0 w N ""'01 s of 6 °' Tallahassee Police Department Date of Report 02111 /2013 09:1 8 Case # 00-12-032758 Incident Report 2:36am Kessler - are u home? 2:37am . . -yes 2:38am -Are you in your room? The next text messages on the phone for this conversation aren't until 10:14am when Kessler replied "No where are you" . Another item of note regarding the text messages downloaded from .'s phone is that an unknown individual sent • . a text at 4:41 am (an hour and 12 minutes after the incident was reported to police and before she was transported to TMH) stating "I got spa-2" . • immediately replied "will you text me the answers pleaseeee." 's phone provider Verizon , the day of the incident and a Search A preservation letter was sent to Warrant was alter served to retrieve those records. According to those records . attempted to contact Kessler twice (1 :40 and 1:46), spoke to a Bria Henry twice (2:48 for almost 174 seconds and 2:56 for 72 seconds) , Weisberg twice (2:48 for 524 seconds and 3:07 for 142 seconds) , and a call from home at 3:15 for 973 seconds. The following morning , Bria Henry made sent a text to despite her request not to do so. . apologizing for contacting • s parents I spoke to Bria Henry on December 18, 2012. According to Bria, she called . after . sent her a text to please cal l her. . told her that she was at a party and got hit on the head and blacked out when the incident occurred. Bria said . did not give her any other details. I have tried mu ltiple times to get in touch with Monique Kessler ; however, she has not returned any of my calls despite my leaving her several voicem.ail messages. In December 2012 , Winston lived at 415 Chapel Drive on the first floor. That complex matches the description of the incident location as described by . At that time , Winston's roommate was Chris Casher, a freshman defensive end with the football team . This case is being suspended at thi s time due to a lack of cooperation from th e victim. If the victim decides to press charges, the case will be pursued . Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department 0 DatefTi me Secondary Officer Name Verifying Officer Sergeant J BALDWIN 203 0 Report Status: Approved (05135) Department Tallahassee Police Department Date / Time 02/18/2013 15:52 6 of 6 FDLE Florida Department of Law Enforcement Gerald M. Bailey Commiss ioner Rick Scott, Governor Pam Bond~ Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture Tallahassee Regional Operations Center Post Office Box 1489 Tallahassee, Florida 32302 1-800-641-462 7 www fdle.state flus LABORATORY REPORT February 22, 2013 FDLE NUMB ER: SUBMISSION: AGENCY NUMBER: Chief Dennis M. Jones Tallahassee Police Department 234 East Seventh Avenue Tallahassee, FL 32303-5593 TO: 1 12-32758 SUBPOENAS PERTAINING TO THIS CASE SHOULD REFER TO THE FDLE NUMBER Scott Angulo ATIN: 20130100121 VICTIM(S): OFFENS E(S): Sexual Assault Leon County 12/7/2012 Lisa Montgomery Crime Laboratory Analyst Toxicology Section REFERENCE: This report references the following evidence submitted to the Florida Department of Law Enforcement on January 17, 2013 by Specialist Joann Houston. This report may contain conclusions , opinions , and/or interpretations made by the author. EVIDENCE: FDLE Item# 4 4C Agency Exhibit# 4 4 Description 4 4 4 Ethyl alcohol, 0.048 ± 0.002 g/100 mL of blood (k: Ethyl alcohol, 0.048 ± 0.002 g/100 mL of blood (k: This specimen was not analyz.ed. Blood specimen Urine specimen RESULTS: 4 4 4C = = 3, 99.7%) 3, 99.7%) REMARKS: The requested drug test will be the subject of a separate report. Questions regarding this report should be addressed to: [email protected] . 111111111111111111111111111111111111 I Page 1 of 1 Ill Se1Vice • Integrity • Respect • Quafity FDLE Florida Department of Law Enforcement Gerald M. Bailey Commissioner Tallahassee Regional Operations Center Post Office Box 1489 Tallahassee, Florida 32302 1-800-641-4627 www fdle.state fl.us Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture LABORATORY REPORT March 29, 2013 TO: Chief Dennis M. Jones Tallahassee Police Department 234 East Seventh Avenue Tallahassee, FL 32303-5593 ATTN: Scott Angulo FDLE NUMBER: SUBMISSION: AGENCY NUMBER: 20130100121 1 12-32758 SUBPOENAS PERTAINING TO THIS CASE SHOULD REFER TO THE FDLE NUMBER. VICTIM(S): OFFENSE(S): Sexual Assault Leon County 12/7/2012 S. LeAndra Higginbotham, Ph.D., DABFT Senior Crime Laboratory Analyst Toxicology Section REFERENCE: This report references the following evidence submitted to the Florida Department of Law Enforcement on January 17, 2013 by Specialist Joann Houston. This report may contain conclusions, opinions, and/or interpretations made by the author. EVIDENCE: FDLE Item# 4 4C Agency Description Exhibit# 4 4 RESULTS: 4 4C 4 4 This specimen was not analyzed for drugs. No drugs were identified. REMARKS: This case was analyzed for the following: amphetamines, antidepressants, antihistamines, barbiturates, benzodiazepines, cannabinoids, carisoprodol, cocaine, GHB, methadone, opiates, oxycodone, propoxyphene, and other drugs. The exhibit(s) in this case will be returned to the submitting agency. Questions regarding this report should be addressed to: [email protected] fl.us. 11111111111111111111111111111 III Ill II Ill Page 1of1 Service • Integrity • Respect • Quality Florida Department of Law Enforcement Tallahassee Regional Operations Center Laboratory Evidence Release Form Tallahassee Police Department Lab Case: 20130100] 21 Department Case: 12-32758 Cont. Item 1.1 1.2 2 3 Description One {I) sealed sealed white envelope containing sexual assault kit described as : STC Sexual Assault Evidence Kit for 19.071(2}{tl Dept. Item #2) One (I) sealed sealed manila envelope containing DNA Extracts described as : DNA Extracts from Ex. 2, 3, 3A (Dept. Item tl2) One {I) sealed sealed manila envelope containing miscellaneous described as : Microscope slides from Ex. 2, 3, 3A . (Dept. Item #2) One ( I) sealed sealed white envelope containing clothing described as : STC Victim's underwears (Dept. Item #3) One (1) sealed sealed brown paper bag containing clothing described as : STC Victim's pink shorts De I. Item #3A Jill All ison - 0912412013 I :0 I pm EST Jan Whitfield (Lab) - 09/24/2013 Signature (Released By) Page 4of17 FCLE Florida Department of Law Enforcement Gerald M. Bailey Commissioner Tallahassee Regional Operations Center Post Office Box 1489 Tallahassee, Florida 32302 1-800-641-4627 www fdle.state fl.us Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture LABORATORY REPORT August 27, 2013 20130100121 1 12-32758 TO: Chief Dennis M. Jones Tallahassee Police Department 234 East Seventh A venue Tallahassee, FL 32303-5593 ATTN: Scott Angulo SUBPOENAS PERTAINING TO THIS CASE SHOULD REFER TO THE FDLE NUMBER. Sexual Assault Leon County 12/7/2012 Jo Ellen Brown . Senior Crime Laboratory Analyst Biology Section FDLE NUMBER: SUBMISSION: AGENCY NUMBER: VICTIM(S): OFFENSE(S): REFERENCE: This report references evidence submitted to the Florida Department of Law Enforcement on January 17, 2013, by Specialist Joann Houston. This report may contain conclusions, opinions, and/or interpretations made by the author. EVIDENCE: FDLE Item# 1 Agency Exhibit# 2 2 3 3A 3 Description Sexual Assault Evidence Kit from containing the following items: 2A Buccal swabs ----'--'~2B Vaginal swabs 2C Cervical swabs 2D Anal swabs 2E Face swabs Panties Pink shorts RESULTS: Semen was identified on the anal swabs (Exhibit 2D), the panties (Exhibit 3) and the pink shorts (Exhibit 3A). No semen was identified on the buccal swabs (Exhibit 2A), the vaginal swabs (Exhibit 2B) or the cervical swabs (Exhibit 2C). II IIIll Ill 111111111111111111111111111111 Page I of2 Service • Integrity • Respect • Quality FDLE NUMBER: 20130100121 Submissions: 1 The pink shorts (Exhibit 3A) gave chemical indications for the presence of blood. The vaginal swabs (Exhibit 2B), the face swabs (Exhibit 2E), the panties (Exhibit 3) and the pink shorts (Exhibit 3A) gave chemical indications for the presence of amylase, a constituent of saliva and other body fluids. STR DNA analysis was performed on a samples from the buccal swabs (Exhibit 2A), the vaginal swabs (Exhibit 2B), the cervical swabs (Exhibit 2C), the anal swabs (Exhibit 2D), the face swabs (Exhibit 2E), the panties (Exhibit 3) and the pink shorts (Exhibit 3A) utilizing the AmpF lSTR Identifiler Plus PCR Amplification Kit. Exhibits 2B, 2C and 2D: No DNA results foreign to ff9.071(2){fiJ (Exhibit 2A) were found on the vaginal swabs (Exhibit 2B), the cervical swabs (Exhibit 2C), or the anal swabs (Exhibit 2D). Exhibit 3: The DNA profile obtained from the panties (Exhibit 3) demonstrated the presence of a mixture. Assuming two donors to the mixture and that 119.071(2 {h (Exhibit 2A) is a donor, a partial foreign DNA profile was obtained. This partial foreign DNA profile is consistent with originating from a male individual (Male #1). Exhibit 2E: The DNA profile obtained from the face swabs (Exhibit 2E) demonstrated the presence of a mixture. Assuming two donors to the mixture, a partial DNA profile foreign to 119.071 (2)(n (Exhibit 2A) was obtained from the face swabs (Exhibit 2E). This partial foreign DNA profile is consistent with the partial foreign DNA profile obtained from the panties (Exhibit 3). Exhibit 3A: The DNA profile obtained from the pink shorts (Exhibit 3A) demonstrated the presence of a mixture. (Exhibit 2A) is a donor, a complete foreign DNA Assuming two donors to the mixture and that f'l9.071 2 profile was obtained. This foreign DNA profile is consistent with originating from a different male individual (Male #2) than the partial DNA profile from the panties (Exhibit 3). REMARKS: The foreign DNA profiles developed from the panties (Exhibit 3) and the pink shorts (Exhibit 3A) have been entered into CODIS. The submitted evidence is available for retrieval or return at the earliest opportunity. This evidence includes microscope slides and DNA extracts. It is recommended that all DNA extracts be stored frozen. If a subject is developed, it is requested that buccal swabs be submitted for DNA analysis. Abbreviations that may appear in this report are: COD IS Combined DNA Index System; DNA deoxyribonucleic acid; PCR Polymerase Chain Reaction; STR short tandem repeat; Y-STR male specific short tandem repeat; FBI Federal Bureau ofInvestigation; and JFS Journal ofForensic Sciences. Questions regarding this report should be addressed to: [email protected]. Page 2 of2 Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report I N c I Case# 00-12-032758 I Date of Report 11 /12/2013 13:25 Incident Type Criminal Offense 11 /12/2013 13:25 Occurred On/From Occurred To Report Type Supplemental - Follow-Up Cl Department Case Status CID - Open/Inactive Case Status Date Cleared Business Name Unk - Tallahas·see, FL E Reported Via 911? : N N Was Evidence Collected? : Yes T Evidence Collected From : Person(s) PhotosNideo Taken? : Yes - Digital Photos of Victim's Injury : Y Digital Camera # and Vehicle Video # : Forensics Photos of Suspect's Injury : N PhotosNideo Taken by : Kornegay Photos of Damaaed Prooertv (Yes/Nol : N D N Topic A R Update: ~ 1 T I v E Crime Scene Processed by : N Specific Location Type : Apartment Hate Crime? : No Confidentiality Req? : Yes - Sexual Battery Juvenile Involved? : No District/Zone : Alpha-7A Total Damaged Property Value : $0.00 Total Stolen Property Value : $0.00 Total Recovered Prooertv Value : $0.00 Basic - Supplemental Report As noted in the original report, the Sexual Assault Examination Kit (SAEK) was sent to FDLE along with blood and urine specimens from • · In a report dated February 22, 2013, the FDLE Toxicology section provided the results of their analysis of · ·s blood as it pertains to Ethyl Alcohol. According to that report, · ·s Blood alcohol content was: 0.048 g/1 OOmL of blood plus or minus 0.002. In a separate report dated March 29, 2013, the FDLE Toxicology Section provided the results of their 's urine as it pertains to drugs. The lab found no drugs in • .'s urine. According ·to the analysis of report, the lab checked for the following drugs: Amphetamines , antidepressants, antihistamines, barbiturates, benzodiazepines, cannabinoids , carisoprodol, cocaine, GHB, methadone, opiates, oxycodone, propoxyphene and other drugs. 's representative) and apprised Upon receipt of these two reports , I made contact with Ms. Carroll and would contact me if she her of the results. Ms. Carroll stated she would review the finding with wished to pursue the case further. As of this writing I have not received any communications from either . or Ms. Carroll. In a report dated August 27, 2013, FDLE Biology Section provided their analysis of the SAEK. In summary the lab found: - No foreign DNA on .'s vaginal swabs. - A partial DNA profile form a male subject on • .'s panties -A partial DNA profile from the same male as the panties was found on the face swab. -A complete DNA profile for a different male subject was found on · ·s shorts. Reporting Officer · Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name 0 Report Status: Approved 0 Date/Time N Verifying Officer Sergeant J BALDWIN 203 (05135) Department Tallahassee Police Department Date I Time 11 /121201315:37 . 0 w N ".J 01 l of 2 00 Tallahassee Police Department Date of Report 11 /12/2013 13:25 Case # 00-12-032758 Incident Report The identity of the male persons listed above is not known as the DNA profiles were not located in CODIS (Combined DNA Index System). As noted above, I have had no communications with the victim in this case; therefore, the case remains open but inactive. End of Narrative: 1 Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant J BALDWIN 203 0 Report Status: Approved 0 Date/Time (05135) Department Tallahassee Police Department Date / Time 11 /12/201315:37 2 of 2 STATE OF FLORIDA COUNTY OF LEON AFFIDAVIT OF RONALD DARBY I, RONALD DARBY, hereby having been duly sworn and affirmed hereby state the following as true and correct: 1. My name is Ronald Darby. I am over 18 years in age. I am a resident of Leon County. 2. On December 6, 2012, I went with Chris Casher and Jameis Winston to Potbelly's. We arrived around 11:00 p.m. While there, I watched Jameis talking with a white female that had blonde hair. It appeared that the female was pursuing Jameis. In an effort to continue to hang out with Jameis she was trying to get her friend to go home with Chris Casher. As Jameis and this girl talked, she did not want him to leave. 3. Jameis Winston, Chris Casher and l decided to leave Potbelly's and the same blonde female followed us out of the club. This female did not appear intoxicated. She was able to walk out of the club, have a conversation with all of us and use her cell phone to text her friend to join us. She even got in the cab with us. 4. When we returned to our apartment building, she followed Jameis into his apartment and into his bedroom. 5. Jameis and the girl went into his bedroom. The lights were on and the door was cracked open. The door did not lock and did not close all the way because the lock was broken. 6. As the door was partially open, Chris looked through the opening and we could see her giving Jameis oral sex. Chris continued to watch Jameis and the girl through the cracked door. He was playing jokes on Jameis and trying to embarrass Jameis. Chris walked in Jameis' room and the girl told Chris to get out. She then got up turned off the light and shut the bedroom door. Chris and I could hear her and Jameis having sex. At no time did the girl ever indicate that she was not a willing participant. In fact, she wanted more privacy by closing the door and turning off the lights. 7. After approximately 20 minutes, I left the apartment and went upstairs to my apartment. As I was walking to my apartment l saw Jameis leave with the same girl on his scooter. Approximately five minutes later, Jameis returned on his scooter. 8. On November 13, 2013, I was interviewed by Monica Jordan. As a result of this interview she prepared this statement based on what I told her. This is a true and accurate statement. Ms. Jordan has presented the facts as I provided them to her. This statement is voluntary. I understand that Ms. Jordan is working on behalf of counsel for Jameis Winston. FU "A "E~YETH ~AUGHT Sworn to and subscribed before me this identification: () e-rJ•Nu.~ ' 13th day of November 2013. Affiant provided the following k/fl\..I .,. , . . STATE OF FLORIDA COUNTY OF LEON AFFIDAVIT OF CHRISTOPHER CASHER I, CHRISTOPHER (CHRIS) CASHER, hereby having been duly sworn and affi~med hereby state the following as true and correct: 1. My name is Chris Casher. I am over 18 years in age. I am a resident of Leon County. 2. On December 6, 2012, I went with Ronald Darby and Jame is Winston to Potbelly's. We arrived around 11:00 p.m. I met a wh ite female with blonde hair. She came up to me and asked if I played football. When I responded that I did play football she seemed more interested in me and gave me her telephone number. I went off and started mingling with other people in the club. 3. When Jameis Winston, Ronald Darby and I decided to leave Potbelly's and the same blonde female that gave me her telephone number followed us out of the club. This same female wanted to leave with us in the cab and virtually invited herself. She was not intoxicated. She was able to have a conversation with us. She was not slurring or stumbling. She was using her cell phone to try and invite her friend to join us. 4. When we arrived at Legacy Suites, she got out of the cab and followed Jame is to his apartment and into his bedroom. 5. Jameis and the girl went into his bedroom. The door was pulled shut but could not shut all the way because it was broken. The lights were on. 6. Since the door was partially open, I looked through the opening and we could see her giving Jameis oral sex. They had only been in the room a few minutes before I witnessed her giving him oral sex. Jameis was facing the door with his hands on his hips while she was in front of him on her knees. I witnessed them both take each other's clothes off and lay on the bed. Jameis and the blonde female began having intercourse. As a joke, I busted into the room to embarrass Jameis. The girl yelled at me, "get out." She got up off the bed and turned off the light and tried to close the door. I could hear them continuing to have sex. She never indicated that she was not a willing participant. From what I saw she was a more than willing participant. 7. After approximately 20 minutes, I went into my bedroom . I could hear Jame is and the girl leaving. They were talking to each other in a friendly manner. 8. On November 13, 2013, I was interviewed by Monica Jordan . As a result of this interview she prepared this statement based on what I told her. This is a true and accurate statement. Ms. Jordan has presented the facts as I provided them to her. This statement is voluntary. I understand that Ms. Jordan is working on behalf of counsel for Jameis Winston. FURT~ A~N t . vrrH NAUGHT /) \../' Chris Casher Sworn to and subscribed before me this 13th day of November 2013. Affiant provided the following identification: [-Su t I) ~~~~~~~~~~~~~~~~~~~ ... FORENSIC UNIT REQUEST FORM Requested by; Sgt Baldwin Phone or Ext. #:_ _ _ _ _ _ _ _ Date Requested: 11 /15/2013 Case Number(s): 12·32758 Offense:---:66::..:.------------ Name of ID Tech/Officer who processed scene: nme Frame or Date Needed By:_ _ _ _ __ Kornegay Victim DOB: - - - - - - - - - - - - Victim Name (Mandatory): Date of Last Arrest:_ _ _ _ _ __ SUSPECT INFORMATION Name (Last, First, Middle) and AKA if Known 1-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ Race/Sex DOB/App. Age SPN #orSID# 2-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ 3._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 0 LATENT PROCESSING Item# Item Description Item # Item Description Item # Item Description 0 LATENT COMPARISON D LINE UP Number of sets l i (set includes one with and one without names) O Florida DL Pictu'i'e Dt·#-~-=-=-=-=- =======-! [8J PHOTOGRAPHY Size of Photograph: CD _L 4x6 _ 0 5x7_ 8x10 How Many of Each/Remarks Copy of case photos OTHER REQUESTS OR INFORMATION **'******************************PLEASE DO NOT WRITE BELOW THIS LINE******************************** LATENT COMPARISON RESULTS Value ( ) There are no latent prints of value in this case. ( ) AJI latent prints in this case have been previously identified. ( ) The latent prints in this case were not made by subject(s) #: ------------ltrJ-~-lftttf--l!:;~lf;i-~+ - --;l!!JH+4"- ( ) The latent prints in this case were made by·subject(s) #: - - - - - - - - - - - - - - - - - - - - - - - ( ) This comparison is not complete and the following impressions must be ( ) ( ) ( ) [Finger Palm Partial AFISJ ~'ii'lelm obt~ined: Fingerprints not on file for subject{s) #: - - - - - - - - - - - - - - - - - - - - - - - - - Fingerprints illegible for subject(s) #: ~ ~ Major Case Prints illegible for subject(s) #: ------------------y---.-~",.[\_.___ _ Major Case Prints not on file for subject(s) #: 1 ( ) ( ) Fingerprints of victirn(s) are needed. v= . r·\ '---' ( ) Major Case Prints of victim(s) are needed. \ Date Received: - - - - - - - - - -- - - - - -- - - - - - -- - - - -- - - - - - - TOTALS Lineup Sets: _ P0167/rev 0 2110 Items Processed: Digital Photos (quantity & size): _ Comparisons: _ _ _ __ Tallahassee .Police Department Property & Evidence Receipt 2. Type ofC)ime oµncident \?c ~-<\) c I""-' A~. .. ·. ~ C-.t -J-uC \ e . I. Case Number · I o I o I - I \ I dl - o :s·IJ II ~I <( 3 Date, Day, and Time Impounded ld ts'l 1~ 5. Address where items were talfen (Give exact location ofrecovered~temsJ ~ Jj{ . 6. Pmon Type Codes: V ~ Victim O =Owner R =Reporting Petson P = Discovering Person S = Suspoct A_= Ancsted Person (Note all that apply) . ~ · c.1.. 7. N.amc (Las~ FirsrMiddle) 14. Item Number 15. Quantity (Weight/Count) 1. Rm~ . s " 10. D.0 .B. 11. Address (Include City, State, and ZIP Code). · I 2. Home Phone 13. Work Phone 16. Narrative/Description: (Found property - include circumstances of receipt) . (Generic name. style/shape, specific type, material. trade or manufacture name, model, size, color, condition, identifying marks, etc.) I -.:. 1: . I....' Location" ·: ~~ :l'&I{ -~,/t \ 18. NCIC~k'" 0 Yes [j'°No I· / . f9. Hold Requested. ~Yes L.).No (ljo hold all w~d on found P.ro~i:tYl Requesting Per5on/Purpose: ( • . \11 l\.LVIU1-\(\.h...\ 0 ~ I 'l \.I) .21. HTE Report Written . . lfl..Yes 0, No >-·l-----~-'.-~-:-::-::--~-o-f-~-ers_ 1 -~:-re-.~-ei_v_ed_· r _o_m_C_i~-p-:m-es-:-er-:)- - +- :-:-,:-~:-:-:-:-;-~,~-/$-:{-:--~ ,:-rr-:~-:-r/_~-:-~~-7.-;?-tufi_:_r_cas_h_)----------l~~;;:,~:, _ . - .. 0 ~ :i ~ O 5 :C ~- In person: 0' After-hours Storage: other:. 0 Receive!!: . In person: 0 l-It_e_m_n_u_m_b_e_rs/P...,._u_rp_o_s_e_ _ _ _ _ _ _'-..,...._ _ _ __..,,~D-a-te/T-i-m-e----.,.......----------------1 After-hours Storage: Other: 0 ' ~ Item numbers/Purpose --:11-< 707 f?c 27; Released from : YU,{/ Date/Time') - / // ( ''/"/•3 Received by: 1f'lr) I 28. Released from : Received by: Received: UI--------------------------------------4-------------------------------------------+------------------t lnperson: 0 Item !)Umbers/Purpose Date/Time After-hows Storage: Other: · 0 PD 139 Revised July 2010 RECORDS MANAGEMENT SECTION . .~. REQUEST FOR ANALYSIS POLICE DEPARTMENT-TALLAHASSEE, FLORIDA DATE 11/151213 TO: fDLE LAB ~ 12/07/12 DA TE OF OFFENSE: CASE# IDSECTIONO 12-32758 OTHER(specify)_ Battea Offense:Sexual Suspect (s) Name Winson, Jameis I. Sex Race D 0 B HGT WGT SSN M B 01 06 94 604 230 Unk 2. 3. Mo. Da Yr. hem Ii Item Description Chemistry Latents Documents 1 Winston Buccal u LJ D D D D D D D 0 LJ LJ D u I u u I Fibers Firearms Serology Other LJ LJ ~ 0 D D D 0 D D u LJ LJ D D 0 D D 0 D 0 D 0 0 D u u D 0 0 LJ LJ u TOXICOLOGY: PUT CASES CRASH lJ FELONY DUI FATALITY D LJ TRAFFIC STOP MJSDEMEANOR DUI D 0 BOATING LJ OTHER SERJOUS BODILY INWRY (other than driver) LJ D Drue: Use History (List any drugs, medications or prescriptions the subject may have taken, or were in his/her possession. Include drugs administered by medical personnel, if prior to when the sample was taken. Please include results or DRE exam or other signs of observed impainnent.) Breath Test Results Under .08 Samples Submitted: Blood D 0 Urine · D Other D Tests Requested: Blood Alcohol (Not available from urine samples) Drug Testing: FS 893 Amphetamines 0 Cannabinouds 0 Methadone 0 Benaodizaepines Cocaine 0 Phencyclidine 0 0 0 0 Barbiturates 0 Opiates 0 Other CASE SUMMARY/ADDITJONAL INFORMATION: On 12/07/12. officers responded to a report ofa sexual battery that took place the same date. The victim reoorted being at a local establishment. The victim believes she got into a cab with multiple males, including a male later identifeid as"Jameis Winston. The victim recalls going into a bedroom at an apartment with Winston and be began having intercourse witb her. The victim stated that she was telling Winston to stop, however be failed to do so. The SAEK was previouslv examined by Jo Ellen Brown CFDLE #20130100121) and DNA was identified on exibits 2E. 3 and 3A. On 11 /1 4/13. a buccal was obtained from Winston and this reguest is for a comparison between the buccal and the DNA identified on the above exibits. FDLE Florida Department of Law Enforcement CASE TRACKING FORM Tallahassee Regional Operations Center Post Office Box 1489 Tallahassee, Florida 32302 1-800-641-4627 www.fdle.state.n.us Ill 1111111111111111111111111111111111111 FD LE PRIMARY AGENCY INFORMATION Tallahassee Police Department Attn: Scott Angulo 234 East Seventh Avenue Tallahassee, FL 32303-5593 Submitted By Jill Allison Received By Alissa Rudloe Recei ved On 11 / 15/2013 11:19 Case 20130100121 Submission 2 Packages with submission Phone: (850) 89 J-45S4 EST 1 Tallahassee Police Department ORJ FL0370300 Agency Case # 12-32758 Case References : No OFFENSE INFORMATION County of Offense Leon County SUBJECTS Winston , Jameis Offense Date December07, 2012 VICTIMS Offenses Sexual Assault Cont. : ,~.fDLff ·.I .·Item No .. .. -1 _-. ~I .. • 5 119.071 (2)(h) Agency Item No . Description of Evi dence Analysis Requested IA SWE; buccal swab - STC Buccal Swab from Jameis Winston BIO-ID Comments Submitted By: Jill Allison Received By: ..Alissa .Rudlae . Forensic iecnnolo91st Page I of I FDLE Florida Department of Law Enforcement Gerald M. Bailey Commissioner Tallahassee Regional Operations Center Post Office Box 1489 Tallahassee, Florida 32302 1-800-641-4627 www.fdle.state.fl .us Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture LABORATORY REPORT November 19, 2013 Chief Dennis M . Jones Tallahassee Police Department 234 East Seventh A venue Tallahassee, FL 32303-5593 TO: 20130100121 2 12-32758 SUBPOENAS PERTAINING TO THIS CASE SHOULD REFER TO THE FDLE NUMBER. Scott Angulo ATTN: FDLE NUMBER: SUBMISSION: AGENCY NUMBER: VICTIM(S) : SUBJECT(S): Jameis Winston OFFENSE(S): Sexual Assault Leon County 12/7/2012 Suzanne H. Livingston Senior Crime Laboratory Analyst Biology Section REFERENCE : This report references evidence submitted to the Florida Department of Law Enforcement on November 15, 2013 by Jill Allison and a report dated August 27, 2013 authored by Jo Ellen Brown. This report may contain conclusions, opinions, and/or interpretations made by the author. EVIDENCE: FDLE Item# Agency Exhibit# Descr iption 5 lA Buccal Swab from J ameis Winston RESULTS: STR DNA analysis was performed on a sample from Exhibit lA utilizing the AmpF/STR Identifiler Plus PCR Amplification Kit. A complete DNA profile was obtained. The partial foreign DNA profile from the panties (Exhibit 3, previous report) matches the DNA profile from Jameis Winston (Exhibit IA). For 13 loci, the frequency of occurrence of this foreign DNA profile for unrelated individuals is approximately 1 in 2.2 trillion. Jameis Winston (Exhibit IA) is excluded as the source of the foreign DNA profile from the shorts (Exhibit 3A, previous report). Due to limited nature of the foreign DNA results obtained from the face swab (Exhibit 2E, previous report), 111111111111111111111111111111IIll IIIIll Page 1 of2 Service • Integrity • Respect • Quality FDLE NUMBER: 20130100121 Submissions: 2 3t1L Jameis Winston (Exhibit lA) can be neither included nor excluded as a contributor. REMARKS: The frequencies were calculated utilizfog a validated statistical database (JFS 48(4):908-911). The most common frequency from the Caucasian, African American (Blacks), or Hispanic populations is reported. The results of the Amelogenin locus were not used in the statis.tical calculations. The information obtained was not entered into CO DIS. The submitted evidence is available for retrieval or return at the earliest opportunity. This evidence includes DNA extracts. It is recommended that all DNA extracts be stored frozen. Abbreviations that may appear in. this report are: CODIS Combined DNA Index System; DNA deoxyribonucleic acid; PCR Polymerase Chain Reaction; STR short tandem repeat; Y-STR male specific short tandem repeat; FBI Federal Bureau ofInvestigation; and JFS Journal of Forensic Sciences. Questions regarding this report should be addressed to: [email protected]. Page 2 of2 FDLE Florida Department of Law Enforcement CASE TRACKING FORM Tallahassee Regional Operations Center Post Office Box 1489 Tallahassee, Florida 32302 1-800-641-4627 www.fdle.state.fl.us PRIMARY AGENCY INFORMATION Tallahassee Police Department Attn: Scott Angulo 234 East Seventh Avenue Tallahassee, FL32303-5593 II I III IIll 111111111111111111111111111111 FDLE Submitted By Jill Allison Received By Ben Lozo·wski Received On 11/2112013 9:03 Case 20130IOOl21 Submission 3 Packages with submission Phone: (850) 891-4554 EST 2 Tallahassee Police Departmenl OR.I FL0370300 · Agency Case# 12-32758 Case References: No OFFENSE INFORMATION SUBJECTS County of Offense Leon County Offense Date December 07, 2012 Offenses Sex:ual Assault Winston, Jameis Darby, Ronald Jordan, Marcus VICTIMS 119.071 2 ti Agency Item No. Description of Evidence Analysis Requested 6 5 SWE; buccal swab - STC Buccal Swab from Ronald Darby 81()...JD 7 6 SME; buccal swab - STC Buccal Swab from Marcus Jordan BIO-ID Cont. · :FQLE :· : -Iiein .No Comments Submitted By: Received By: ,) Jill Allison Ben Lozowski li h . . cnme Laoorarory ec mc1an Page I of I FCLE Florida Department of Law Enforcement CASE TRACKING FORM Tallahassee Regional Operations Center Post Ofnce Box l 489 111111111111J1111111111111111111J1111111 Tallahassee. Florida 32302 l-800-641-4627 www.fdle.state.n.us FD LE PRlMARY AGENCY INFORMATION Tallahassee Police Department Attn: Scott Angulo 234 East Sennth Avenue Tallahassee, FL 32303-5593 Subrnined By Jill Allison Received By Alissa Rudloe Received On 1112712013 13:26 Case 20130100121 Submission 4 Packages with submission Pho.ne: (850) 891-4554 EST 4 Tallahassee Police Department ORl FL0370300 Agency Case# 12-32758 Case References: No OFFENSE INFORMATION SUBJECTS Counry of Offense Leon County Offense Date December 07, 2012 Offenses Sexual Assault Jordan, Marcus Winston, Jameis Casher, Christopher Darby, Ronald VICTIMS 119.071 (2 {ti Cont. ·:. FPL~ . ' . Ite''!l.N(; Agency Description of Evidence Analysis Requested Item No. 1 2 SWE; sexual assault kil - STC Sexual Assault Evidence Kit ror' 119.0/T(~I BIO-ID I.I 2 SME; ONA Extracts - DNA Extracts from Ex. 2, 3, 3A BIO-ID 1.2 2 SME; miscellaneous - Microscope slides from Ex. 2, 3, 3A. BIO-ID 8 lB SWE; buccal swab - STC Buccal Swab from Christopher Casher 810-ID Comments Page I of2 F"LE ~ f Law Enforcement Florida Department o . nal Operations Center Tallahassee Reg10 B x 1489 Post Office ;lorida 32302 Tallahassee, 1-800-641-4627 ~11111111111111111111111111111111111 Ill TRACKING FORM ..... le state.fl.us WWW.au· Case Submission Submitted By: Jill Allison 20130100121 4 Received By: ..Alissa R~l8rnologist Forensic le Page 2 of2 - Allison, Jill From: Sent: To: Subject: Attachments: . Donaldson, Deborah Wednesday, November 20, 2013 4:27 PM FDLE Request Submission FW: 12-32758 FDLE.doc Officer ([)e6arali ([)onaftfson Support. Services Officer/Court Liaison 'Taliafiassee <PoFice <Department 234 <£. 7'6 )l11e11ue 'Ta{[a(zassee, 'FL 32303 (850) 891-4935 tfe6orafi.aoT1aftfson@ta{gt}'l).COm From: Jason Newlin [mailto:[email protected]] Sent: Wednesday, November 20, 2013 4:19 PM To: Allison, Jill; TPD Court Liaison Subject: 12-32758 Can we have the following items sent to FDLE for comparison to items previously analyzed? Sue Livingston is aware they are coming. Investigator Jason Newlin Office of the State Attorney 2nd Circuit Desk: 850.606.6096 Cell: 850.545.4727 Fax: 850.606.6001 REQUEST FOR ANALYSIS POLICE DEPARTMENT -TALLAHASSEE, FLORIDA DATE OF OFFENSE: 12/7/12 ID SECTION DATE 11/20/13 TO: FDLE'lAB ~. CASE # 12-32758 D --- ~ ·...- . .. OTHER(specify)_ Victim.119.071 (2}(ti Suspect (s) Name Sex Race 2. Ronald Darby M B 3. Marcus Jordan M w D Mo. Item# Item Description 5 Buccal swab Ronald Darb Buccal Swab Marcus Jordadn 6 batteni Offense:Sexual Chemistry 0 B HGT SSN WGT Da. Yr. Documents La ten.t s Fire-.ums Fibers 0 Serology Other 0 TOXICOLOGY: DUI CASES CRASH FELONY DUI 0 BOATING . TRAFFIC STOP FATALITY MISDEMEANOR DUI D OTHER D SERIOUS BODlL y INJURY (other I.ban dri vcr) Drue Use History (List any drugs, medications or prescriptions the subject may have taken, or were in his/her possession. Include drugs administered by medical personnel, if prior to when the sample was taken. Please include results or DRE exam or other signs of observed impairment.) Breath Test Results Under .08 Samples Submiued: Blood 0 D Urine 0 Other 0 Tests Requested: Blood Alcohol (Not available from urine samples) Drug Testing: FS 893 Amphetamines 0 Cannabinolids 0 Methadone 0 Benaodizaepines Cocaine 0 Phencyclidine 0 0 0 0 Barbiturates Opiaces 0 Ocher D CASE SUMMARYI ADDITIONAL lNFOR.MA TION : Please send buccal wabs from above subjects to FDLE for analvsis. FDLE case 20130 100121 . lf thev are there bv Thursdav 11121113 1hev can be completed bv Fridav 11 /2211 3. BY:_4_1t~_r,.J__jf_eJ_ L_Y_J Officer' s Signarure PD 140 _ _ Supervisor's Signature • 6. Person Type Codes: V =Victim 0 •-"''" 7. Name (Las~ =Owner R =Reporting Person P =.Disc_overing Person S =Suspect A= Amsted Person (Nee all that apply) ~ - Rm~ - s • • First Middle) to. D.0 .B. 11. Address (Include City, State, and ZIP Code) 12. Home Phone 13. Work Phone :- i'" -l_1;'-P&lf'. 16. Narrative/Description: (Found property- include circumstances of receipt) (Generic name, style/shape, specific type, matetµ,I, trade or manufacture 111Qdel, size, colqr, conditiop. identifying marks, etc.) . 14. Item 15. Quantity Nuo-iber . . (WeigliVCount) I · • - • .;-1 1 .; ;-;,; ) ·' t:'.·::LoC~ti~i{f_l name, • \ 18. NClCChi:ck 119. Hold Requested ~es 0 No~ !!_old_ all~n found property) . Yes 0 No Requesting Persof\IPU!llOSe: .:..,...::ry ./~ 22. ~gpature of.pers91}1fecc:Wed fro.# (ifyrc;sent): 23_. Supervisor's Approval Signature: 0 · ;Kxv, IV 0 Yes 0 No J?'d~l/ 24. Signatur~g'()ff~and~ber: (~... 21. HTE Report Written J.' _ / ~ ( ./ - 25. Verifyjng.Sjgnature (reruired for cash) - 5 -:J~01 J!t,,;J !.~ s-c4:J~ ~ Item numbers/P~se o/ :g I TD I ~- t. . r Received1 0 ! ' J -&.., j;!~).- -/3 D 8 3 if- ~- 27. Rdeased from: Received by: O 2: t--lt_ __-bers/P-----------------i~D-a-te/T-=t.-m-e--------------------1 < em num urpose :i:: Received: In person: 0 After-hours Storage:_ Other: Received: lnpersoo: D After-hours Storage: Other: 0 0 ~>--"-----------------------------------....Received -----------------------------------------+------------~~""""'1 28. Released from: by: Received : In person : 0 t--lt-e_!Tl_n_u_ril_be_rs/P_u_rp_o_s_e_ -------------+--D-a-te/T. _ i _ m _ e - - - - - - - - - - - - - - - - - - - - 1 After-hours Storage: Other: l PD 1~9 Revised July.2010 RECORDS MANAGEMENT SECTION 0 Allison, Jill t From: Sent: To: Cc: Subject: f. ..n • • o ;.- - - • • Erika Buckley < [email protected]> Wednesday, November 27, 2013 12:53 PM Allison, Jill · Newlin, Jason TPD 12-032758 Jill, Can we please have the following items sent to FDLE Tampa for YSTR: - Jameis Winston's buccal swab - SAE Kit - victim's buccal swab - extracts from SAE kit - Christopher Casher's buccal swab Thank you!! -Erika Investigator Erika Buckley State Attorney's Office .2nd Judicial Circuit Direct Line: 850.606.6098 Cell :850.510.2116 Fax: 850.606.6005 1 - • - • I • - P • ·- - r .zO. ' - . ~. REQUEST FOR ANALYSIS POLICE DEPARTMENT-TALLAHASSEE, FLORIDA DATE 11/27/13 TO: FDLE LAB ~ Victim DATE OF OFFENSE: 1217/12 IDSECTIONO OTHER(specify)_ _ CASE# I~ ~ '3'2. ? S-g Offense:Sexual 119.Q71(2)(h) Suspect (s) Name Race Sex D HGT B 0 Battenr WGT SSN l. 2. . 3. Item Description ,.... 1 " Item# ..... Chemistry . . .119.071 (2)(h) Blood sample from 119.071(2)(fi) 4 Mo. Da. Yr. Latents Documents Fibers Firtanns Serology Other D D D D D (8] D D D D D D (8] D D D u D 0 D D 0 0 . u D D D D D D D 0 LJ LJ LJ 0 D D D D D D u D 0 u D [J 0 TOXICOLOGY: DUI CASES CRASH LJ FELONY DUl FATALITY D D TRAFFIC STOP MISDEMEANOR DUl 0 D D BOATING OTHER SERIOUS BODILY INJURY D D (other than driver) Drug Use History (List any drugs, medications or prescriptions the subject may have taken, or were in his/her possession. Include drugs administered by medical personnel, if prior to when the sample was taken. Please include results or DRE exam or other signs of observed impairment.) Breath Test Results Under .os· Samples Submitted: Blood 0 0 Urine 0 Other D Tests Requested: Blood Alcohol (Not available from urine samples) Drug Testing: FS 893 Amphetamines 0 Cannabinolids 0 Methadone 0 Benaodizaepines Cocaine 0 Phencyclidine 0 0 0 D Barbiturates 0 Opiates 0 Other CASE SUMMARY/ADDITIONAL INFORMATION: Please compare the DNA from the Buccal of the victim 119.07f(2)(fiJwith the blood contained in item 4. . . . Supervisor's Signature I . Case Number Tallahassee Police Department Prop.erty & Evidence Receipt 10101- I / 1u- 0 ~ 11.._ 71 rl 2. Type of Crime or Incident ·13. Date, Day, and Time Impounded 14;. WinACE Number fz , ) t )r;__,IJL ?J 1117 r-17,l J, 12.o?-- rbFn, · O )oc> t Ul Cl 5. Address where items were taken (Give exact location ofrecovered items) i?:: I u 119.011 (2)(n) 6. Person Type Codes: V =Victim 0 7. Name (Last, First Middle) tC 1h1 I =Owner R =Reporting Person P ~Discovering Person S =Suspect A = Arrest«! Person (Note all thal apply} I . luc 9 . So: 10. D.O.B. 11 . Address (Include City, State, and ZIP Code) 13. Work Phone 119.071 (2)(11) v f119.071 (2)(hJ ;' z 12. Home Phone I / .. . 0 Cl) ~ Ul Q. . ·:· ;:( , 14. Item Number ... 15. Quantity (Weight/Count) ; 16. Narrative/Description: (Found property - include circumstances of receipt) (Generic name, style/shape, specific type, mat.erial, trade or manufacture name, model, size. color, condition, identifying marks~ etc.) c /,;.() 7 /../ ; II (c 1,·/\?7 / - ~. p /1111 !Zit~ / " Rfr~ / /9 1} 17. P&E. ·Location . ~ /-/, .(l. / ~ .. ./ .. .. c....;; . j T£,.,_, •h . ·r Ul ! . L.....· ·-· . .. > i== ·~ ' ~ < z \r.j .M. ' ' ,' f' I I , / 18. NCIC Check 119.Hold Requested ,L!l'Yes 0 Requesting Person/Puroose: 0Yes Wo 22. Signature of person received from (if present): 24. >- Cl 0 I- "'::::> u ti. Sign~ture c. of Seizing Officer and ID Number: Item rmb~r7DT- . 27. Released from : z ( '/' rJ%,,. '-- {-t.. . . 23. Supervisor's Approval Signature: ~· OMu-Nctiftcrl byIDlte 25. Verifying Signature (reqrred for cash) ~ '\ .· , Receive~ Date!Time~ L ,_ ll_ -(-1~ ' Item numbers/Purpose Jia~ ... __ Item numbers/Purpose Date!Time .. o· ' Received by: ' 2ND COPY - R.ECORDS MANAGEMENT SECTION PD 139 Revised July 20 I 0 0 Received: In person: After-hours Storage: . D Other: " 28. Released from : .. Received: ln person: 0 Aller-hours Storage: Other: ii- I# /)j{ 21 . HTE Report Written 0 Yes D No .-2.6. Processed by/Date .. Date!Time ) u I Received by: 0 < :c sJ p) e ft41.-t :~ L No (No hold allowed on found property) Received: In person: D Af\er-hotirs Storage: Other: D : ··.. Tallahassee Police Department 'Prop.erty & Evidence ·Receipt . · .. 2. f- t J<UAl- of Crime or Incident . . S zIll 9 u , 3 . Date, Day, and Time Impouniled . FA; . fJ/f17f/t. '/ (1.~ o7- 11- IL'·Li '.-( /\-1 , · ( c o76ft. l iv ·. . · ·. Il - l. 7) 't . a 72 ·5 • . 6. Address where items were taken (Give exact location of recovered items) ~ I . Case NumbCr .. . • t ,-; ff IZ fl_ ). 7. P~n Type -Oxles: V =Victim 0 =Owner it= Reporting Person P =Discovering Person ~S = Suspect A = Arrested Person (Note all that apply) 1. Cocks 8. Name.{Wt.. F~ Middle) 119.071 (2)(fi) ti I z 0 en 9. R•cc JO.Sex 11.D.O.B. / a: 14. Work Phone 119.071 (2)(h) J , 13. Home Phone 12: Address (Include city, state, _and 7jp-code) Ill p. . 16. Quantity IS . Item . Number ' 17. Narrative/Desi:ription:. (Weight/Counc) -~ 74 I l.. '-/ 1Dk I - fc.' "Y · pt· ~(c I .. (Found property - include circumstances of receipt) · (Generic name, style/shape, specific tvoe, material, trade or manufacture name, model, size, color, condition, identifying marks, etc.). r t'.Jflc)/1 t) I~ t I -- .. , Ill ~ !-· < a: ~- z - -· .,. r· 18. NCIC01edc) .1 19. Hold Requested ;Q Yes · 0 No (No hold allqwcd on found property) D Yes~ No r Requesting Person/Purpose: · ·f (~ (/l::?;;,,,.·C- .\j~~ Ui~>jjfL~Bf?l~!:5exflJJ~presem>:=, 24. Slwature~ Seizing Officer and ID Number:.· '- . ,;:."" t,, c... ,.~ .c.. /·I ·120.Owtrr Naifm by /Dale . 23. Supervisor's· Approval Signaiure: 25. Verirng·Sign)e (reyu/fcd for cash) . ' ~eceivedby J~ Item numbe~rp0se ~ri..- . /0/ 26. Released from: '-fl I: Date/fif!l_.7 . 1)..- • oi~{p In person: ' 0 Item numbers/Purpose Dateffime 27.· Released.from: Received by: D Received : Received by: >0 fen l}. Received : In person: 0 After-hours Storage: Other: 0 After-hmm Storage: Other: D · ::::> u ti. · ·o Req:ived: In person: -z :;: :i:: Item numbers/Purpose After-hours Storage: Other: Dateffime u 28. Released from: Received by: ., . . . Item numbers/Purpose 29. Released from: . Item numbers/Purpose . Dateffime Received by: Dateffime .. PD 139 Revised. August 2007 RECORDS MANAGEMENT SECTION .(. 0 D Received: Inperson: D After-hours Storage: Other:. 0 Received: In person: D After-hours Storage: Other: D f.•; \' . ~ :f I ' :.~· ... ,;, ~ . FDLE Florida Department of Law Enforcement CASE TRACKING FORM Tallahassee Regional Operations Center Post Office Box 1489 Tallahassee, Florida 32302 1-800-641-4627 www.fdle.state.fl.us I II I II IIll 111111111111111111111111111111 FD LE PRJMARY AGENCY INFORMATION Tallahassee Police Department Attn: Scott Angulo 234 East Seventh Avenue Tallahassee, FL 32303-5593 Case Submitted By Jill Allison Received By Jan Whitfield Received On 12/02/2013 12: 16 2013010·0121 Submission 5 Packages with submission Phone: (850) 891-4554 EST 1 Tallahassee Police Department ORI FL0370300 Agency Case # 12-32758 Case References: No OFFENSE rNFORMATION County of Offense Leon County Offense Date December 07, 2012 Offenses Sexual Assault Cont. ·· ··FDLE~.;:• ·. Item ~i-16}; 4 SUBJECTS Jordan, Marcus Winston, Jameis Casher, Christopher Darby, Ronald Agency Item No. Description of Evidence 4 SWBOX; Blood specimen - STC Tox Kit Analysis Requested ro rj119.071 (2f{fi1 BIO-ID Comments Submitted By: Jill Allison Received By: an Whitfield h . . dnme Lab Tee nic1an Page I of I FDLE Florida Department of Law Enforcement CASE TRACKING FORM Tallahassee Regional Operations Center Post Office Box 1489 Tallahassee, Florida 32302 1-800-641-4627 www. fd le.state. n. us 1111111111111111111111111111111111111 Ill FD LE PRIMARY AGENCY INFORMATION Tallahassee Police Department Attn: Scott Angulo 234 East Seventh Avenue Tallahassee, FL 32303-5593 Submitted By Jill Allison Received By Jan Whitfield Received On 12/02/2013 12:24 20130100121 Case Submission 6 Packages with submission Phone: (850) 891-4554 EST 1 Tallahassee Police Department ORI FL0370300 Agency Case # 12-32758 Case References: No OFFENSE INFORMATION County of Offense Leon County Offerise Date December 07, 2012 Offenses Sexual Assault SUBJECTS Jordan, Marcus Winston, Jameis Casher, Christopher Darby, Ronald VICTIMS I 119.071 (2}(h) I ..FDLff.:>C c.: Cont . :·· .'1 .-, . .,. <l • :::Jiefri.N:Q(. 9 Agency Item No. Description of Evidence Analysis Requested 7 SME; buccal swab - STC Buccal Swab from Jamal Roberts BIO-ID Comments Submitted By: Jill Allison Received By: an Whittie.Id .. Lal» Tee h rnc1an dnme Page I of I Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report I N c I Case# 00-12-032758 I Date of Report 12/05/2013 11 :29 Incident Type Criminal Offense D E Business Name 415 Chapel Dr Apt. 136 Tallahassee, FL 32304 N Reported Via 911? : No Was Evidence Collected?: Yes Evidence Collected From : Other - Explain in Narrative PhotosNideo Taken? : No Specific Location Type : Apartment Hate Crime? : No T 12/05/2013 11 :29 Occurred On/From Occurred To Report Type Supplemental - Follow-Up CH Department Case Status CID - Open/Active Case Status Date Cleared Confidentiality Req? : Yes - Sexual Battery Juvenile Involved? : No DistricVZone : Alpha-7A Total Damaged Property Value : $0.00 Total Stolen Property Value : $0.00 Total Recovered Prooertv Value : $0.00 I p Person Type Business/Person Name E Susoect Home Phone Jameis L Winston Person Address Map Reference Mobile Phone/Pager Employer Address Map Reference Race Black Sex Male Birth City R s 1 0 N Birth Date 01 /06/1994 Business Phone I DL Exp. Date ISSN End of Person: N ~ 1 T I v DUID Number 8291588 School Attending : FSU Min . Height : 6'04" Min . Weioht : 228 lbs Age : 19 Occupation/Vocation : Student - College DUID State : AL A R I 1 Sexual Battery - Supplemental Report Topic This case was left in suspended status because probable cause could not be established given the conflicting statements between what the victim told her friends and what was reported to police. In addition, the victim was unwilling to pursue criminal charges at that time. Based on these facts and the fact it did not meet statutory requirements for prosecutorial review (domestic related incidents), the case was not submitted to the Office of the State Attorney. My Sergeant and Lieutenant were both aware and in agreement with this decision in February 2013. E On November 12, 2013, we were made aware that a media source was inquiring about the investigation and was requesting documents pertaining to the case. On November 12, 2013 I was directed to notify the Office of the State Attorney of the case for the sole purpose of making them aware in case they were to receive requests for information. After discussing the case at length , I was asked by ASA Cappleman to send her the reports relating to the case. On November 13, 2013, ASA Cappleman provided the Tallahassee Police Department scanned copies of "sworn statements" provided to their office by Jansen. The statements were typed documents that each had eight (8) numbered paragraphs, six (6) of which address the night's events. The statements are consistent in their account of the night's events. In summary the statements relay the following: 1. Winston , Casher and Darby went to Potbelly's and arrived around 11 :OOpm. While at the Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant ANNE JOHNSON 267 0 Report Status: Approved 0 Date/Time (93979) Department Tallahassee Police Department Date / Time 12/05/2013 12:53 I of 4 Tallahassee Police Department Date of Report 12/05/2013 11 :29 Case # 00-12-032758 Incident Report bar, a blonde female began speaking with Winston. 2. As Winston Casher and Darby left, the blonde female got into the cab with them (according to Casher, she invited herself). The statements indicated the female was not intoxicated was able to carry on a conversation. and 3. When they arrived at their apartment, the female followed Winston into his bedroom. 4. The door was pulled closed but was partially open because it was broken. 5. Casher and Darby watched as the female performed oral sex on Winston through Winston's broken bedroom door. They then saw the female and Winston engage in oral sex. As a joke Casher went into the room. In response the female told him to get out. She then got up and closed the door and turned off the lights. According to the statements, there were no indications that the female was not a willing participant. 6. Approximately 20 minutes later the female left with Winston on his scooter. ASA Cappleman asked that we attempt to re-interview the victim and her friends. She also asked that we interview Casher and Darby as well. It should be noted that Casher was not initially interviewed due to the fact the victim advised she was familiar with him and did not believe he was present when the incident took place. Additionally, Casher did not meet the description the victim provided for the subject who she said entered the room. On November 14, 2013, Inv. Osborn and I went to the Moore Athletic Office in an attempt to locate and interview Darby and Casher. As is common practice, contact was made with FSUPD to advise them we were going to be on campus to conduct follow-up regarding an investigation. Upon our arrival at the Moore Athletic Center, we were met by Monk Bonasorte. According to Bonasorte, the Florida State University Police Department had been requested to direct all law enforcement officers to his office if they were seeking to contact football players regarding this investigation. Bonasorte then stated he believed Jansen had already arranged legal representation for Casher and Darby. While we were present, Bonasorte made phone contact with who he said was Attorney Jansen. Following the phone call, Bonasorte informed us that Darby had obtained an attorney, but that Casher had not. Bonasorte had staff summon Casher to the Moore Athletic Center. Bonasorte then stated he would be Casher's representative. Bonasorte is not an attorney so we explained that, in order to protect the integrity of the case, he would not be allowed to be present. We then explained if Casher wished to have legal representation, he could request an attorney and the interview would be re-scheduled for a later date. When Casher arrived, I explained to him that he was just a witness in the case, but was still allowed to have an attorney if he wished. I also explained that we could schedule the interview at a later date to allow him to consult an attorney if he wished. Casher stated he did not want an attorney and consented to an interview. Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant ANNE JOHNSON 267 0 Report Status: Approved 0 Date/Time (93979) Department Tallahassee Police Department Date / Time 12/05/2013 12:53 2 of 4 Tallahassee Police Department Date of Report 12105/2013 11 :29 Case # 00-12-032758 Incident Report Casher stated he, Darby and Winston went to Potbelly's the night in question. He stated he met a blonde female there but cannot remember her name. After getting her phone number he went off the talk to some other people. Later in the evening he saw the same female talking to Winston. As he, Darby and Winston were leaving, the female got into the cab with them. Casher stated the female repeatedly tried to call her friend so that she could hang out with Casher; however, apparently did not speak to that person. Once back at their apartment (Casher and Winston were roommates), the female and Winston went into Winston's bedroom. After about 10 minutes Casher and Darby peeked in the room and saw the fem.ale performing oral sex on Winston. Casher stated the door to Winston's room was broken and did not latch closed. A few minutes later he watched as the female and Winston removed their own clothing and climbed on the bed and began to engage in sexual activity. Casher stated he went into the room to see if the female would engage in sexual activity with him as well (as has happened with other females he and Winston have brought back to their apartment); however, the female saw him and told him to get out. A little while later, Casher stated he tried to video tape Winston and the female; however, when the female saw him she again told him to leave. The female then turned off the light and went with Winston into the bathroom. Casher stated a little while later he heard Winston and the female leave and get on Winston's scooter. Casher's statements during the interview were consistent with the statement provided to the police by Attorney Jansen. The only discrepancy was when Casher stated he went into the room to surprise Winston. When asked about this discrepancy, Casher stated he did indeed go into the room to try to have sex with her as well. Bonasorte stated he would contact Darby to obtain the name of his Attorney and then let us know so that we could follow-up with an interview. On November 14, 2013, Winston consented to providing a DNA sample via a Buccal (cheek cell) swab. Before making Winston available to provide the swab, Jansen again stated, he was not going to allow Winston to be interviewed by police. In a report dated November 19, 2013, the FDLE Biology Section provided the analysis of their comparison of Winston's Buccal swab with the DNA referenced in their report dated August 27, 2013. According to the report, the partial foreign DNA profile from the victim's underwear matched the DNA profile of Winston. Winston was excluded as the source of the DNA profile from the victim's shorts and could not be either included or excluded as a contributor to the foreign DNA profile recovered from the victim's face (based on the limited nature of the profile obtained from the victim's face). I had to leave town for several days on a pre-scheduled, work related trip to another part of the state; therefore, Inv. Osborn interviewed Darby and witness Jenna Weisberg. Weisberg was the individual who first contacted FSUPD. These interviews took place on November 15, 2013. See Inv. Osborn's supplement for details. Sgt. Baldwin re-interviewed witness Bria Henry in my absence. See her supplement for details. On November 18, 2013, Inv. Osborn advised he attempted to contact witness Monique Kessler. Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant ANNE JOHNSON 267 0 Report Status: Approved 0 Date/Time (93979) Department Tallahassee Police Department Date / Time 12/05/2013 12:53 3 of 4 Tallahassee Police Department Date of Report 12105/2013 11 :29 Case # 00-12-032758 Incident Report Kessler, however, told Inv. Osborn she would need to call him back because she was in the process of speaking with investigators with the Office of the State Attorney. The content of that interview has not been shared with this agency. In addition, I was made aware that ASA Cappleman scheduled an appointment to speak with the victim's attorney later that morning. Inv. Osborn and I requested to be present at that meeting but our request was denied. The victim was later interviewed by members of the Office of the State Attorney. The specific details of that interview have not been shared with this agency. At the request of the Office of the State Attorney, the blood and urine samples taken from the victim were sent to Dr. Goldberg, with the University of Florida for additional analysis. Dr. Goldberg confirmed the findings of the FDLE lab that there were no drugs found. Witnesses Darby and Marcus Jordan (the person with whom the victim shared drinks earlier in the night) , voluntarily submitted Buccal swabs to be compared with the unknown foreign DNA profile on the victim's shorts. In a report dated November 22, 2013, both men were excluded as possible contri butors to that foreign DNA profile. Witness Casher was contacted to see if he would voluntarily provide a buccal swab to compare against the fore ign DNA profile found on the victim's shorts. Casher initially stated he would meet to provide the sample. Inv. Osborn was later contacted by Casher's Attorney, Adam Ell is. Ellis advised he wanted time to review the facts of the case before deciding whether he would allow Casher to provide a sample. The Office of the State Attorney served a search warrant to obtain a DNA sample from Casher. On December 5, 2013, I received the FDLE report regarding the comparison of Casher's DNA sample to the other items previously submitted in this case. Casher's sample was excluded as the source of the foreign DNA located on the victim's shorts, underwear, and face. The previously unidentified sample found on the victim's shorts was determined to belong to a known acquaintance of the victim, Jamal Roberts. Due to concerns voiced by the victim's attorney that the blood submitted which showed no drugs did not actually belong to the victim , the State Attorney's Office requested that the blood sample be re-submitted for blood typing. The FDLE reported obtained on December 5, 2013 , confirmed the blood initially submitted did, in fact, belong to the victim. End of Narrative: 1 Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant AN NE JOHNSON 267 0 Report Status: Approved 0 Date/Time (93979) Department Tallahassee Police Department Date / Time 12/05/2013 12:53 4 of 4 Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report I N C I D E N T N A R R A T I V E Case # 00-12-032758 Date of Report 12/06/2013 09:15 Incident Type Criminal Offense 12/06/2013 09:15 Occurred On/From Occurred To Report Type Supplemental - Follow-Up CID Department Case Status CID-Assigned-SVU Case Status Date Cleared Business Name L&T Convenience Store - 415 Chapel Dr Tallahassee, FL Total Damaged Property Value : $0.00 Total Stolen Property Value : $0.00 Sexual Battery - Supplemental Report Topic 1 Total Recovered Property Value : $0.00 On 11/8/13, Captain Furuseth asked me if there was a sexual battery report involving Jameis Winston. I located a case report with Winston's name listed in the narrative as a possible suspect. I notified Captain Furuseth of this and he advised the media was inquiring about this case. I reviewed the case report and although I signed off on the supplemental report written by Investigator Angulo in February 2013; I did not initially recall the case. In February, I was reassigned to the Special Victims Unit (SVU). In February, I was not familiar with Winston, but the report indicated he was an FSU football player. The investigation was deemed open/inactive due to the victim not wishing to pursue the case at the time. On 11/12/13, I was informed the case was going to be released to the media, and suggested we make contact with the victim's Attorney, Patricia Carroll, prior to this happening. The report indicated Ms. Carroll previously requested all contact should be made via her, and not the victim. I made contact with Ms. Carroll via telephone on 11/12/13, and informed her of the media inquiries. Per Florida Statutes, the case was going to be released Ms. Carroll expressed her displeasure about this and asked how the media found out about the case. I explained to her I did not know how they found out, or what information they knew about the case. Ms. Carroll requested a copy of the report prior to it being released to the media. I told her I would make this request to my chain of command and get back with her. During our discussion, Ms. Carroll explained after the victim identified Winston as the possible suspect, they met as a family and made a decision on how to proceed. She advised the decision was left up to the victim. She advised they made an "informed decision" at the time and chose not to move forward with the case. They decided to get the victim into counseling so she could attempt to put this matter behind her. She advised the victim did not want the information to become public at the time. Ms. Carroll stated the victim wanted to have a normal life and didn't want to have to leave town or have it thought that she was bringing down the "Seminole Nation". I told Ms. Carroll I understood and that it was a decision the victim needed to make for herself at that time. Prior to ending the conversation, Ms. Carroll again requested a copy of the report and advised if the information was going out to the media, the victim was certainly entitled to a copy. She also requested a copy of the medical paperwork and advised she had asked Investigator Angulo for this in the past. (Note: Medical/toxicology paperwork in an open case is not something which is released to victims; however Investigator Angulo verbally discussed the toxicology result with her over the telephone.) I told Ms. Carroll as soon as I obtained approval to send her a copy of the report, I would do so. We Reporting Officer Sergeant J BALDWIN 203 (05135) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Lieutenant ROD LOONEY 145 Report Status: Approved Date/Time (51899) Department Tallahassee Police Department Date / Time 12/06/2013 13:59 1 of 6 Tallahassee Police Department Date of Report 12/06/2013 09:15 Case # 00-12-032758 Incident Report exchanged e-mail addresses, and shortly afterwards, I received an email from Ms. Carroll's office with a letter attached voicing her objection to releasing the report to the media. She also requested if the information is going to be released, that all victim information be redacted and she again requested a copy of all medical and toxicology results. Investigator Angulo advised me he had the FDLE results in his case file, but had not yet completed a supplemental report with this information. I requested he add that information into a report, which he did. I was asked by Major Johnson if the case had been sent to the State Attorney's Office (SAO) for review. At the time, since the victim did not want to pursue criminal charges regarding the allegation of sexual battery, the SAO was not forwarded the investigation. (Note: When a victim expresses a desire not to pursue a sexual battery case, or requests not to have law enforcement follow up on a case, it is not common practice for the TPD investigator to send the case to the State Attorney's Office (SAO) or notify the SAO of the case prior to suspending the investigation (open/inactive). Exceptions to this would usually be if the case is domestic related or involves a known violent suspect. At the time the case was deemed open/inactive, this case did not meet any of these criteria. Even though a victim decides not to move forward with an investigation, and it is placed in open/inactive status, at anytime (within the statue of limitations), the victim (or their representative) may contact the investigator and request the case be reopened for additional investigation or to pursue the case further. According to Investigator Angulo, the victim or her Attorney had not initiated contact with him to reopen the investigation. Major Johnson requested the case be sent to the SAO to make them aware of the case, due to the media inquiries, and the current high profile of the listed suspect. I requested Investigator Angulo to make contact with the SAO, and send them the reports. He did this on 11/12/13, by sending an email to Assistant State Attorney Cappleman the same afternoon. He was advised by ASA Cappleman that her office would review the case with the Division Chiefs on 11/13/13, at 3:30 PM. I had another conversation with Ms. Carroll later in the day on 11/12/13. During this conversation, Major Johnson, Captain Furuseth, Lieutenant Looney and Investigator Angulo were present and I advised Ms. Carroll she was on speaker phone. During this conversation Ms. Carroll again explained when this incident happened and the suspect was identified, the victim made an informed decision not to proceed with the case. Ms. Carroll also advised she received a message from Attorney Tim Jansen (Winston's attorney) requesting a return call. Ms. Carroll inquired as to how Mr. Jansen got her information. I told her I did not know, however her information was included in Investigator Angulo's supplemental report. Ms. Carroll was concerned Mr. Jansen may have a copy of the report. Ms. Carroll called again on 11/13/13, inquired about receiving a copy of the report. I explained I had not been authorized to release it to her, but as soon as I could, I would send her a copy. She again expressed concern about the suspect's attorney having a copy of the report. I explained to her TPD would not release a copy of the report to Mr. Jansen, and if he had a copy, I do not know where he got it from. Later this same day, a redacted copy of the original report was released to Ms. Carroll and the media. Captain Furuseth and I spoke with ASA Cappleman on the afternoon 11/13/13. During this conversation she had reviewed the case and requested several things be done as follow up. Below is a list of her request: Reporting Officer Sergeant J BALDWIN 203 (05135) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Lieutenant ROD LOONEY 145 Report Status: Approved Date/Time (51899) Department Tallahassee Police Department Date / Time 12/06/2013 13:59 2 of 6 Tallahassee Police Department Date of Report 12/06/2013 09:15 Case # 00-12-032758 Incident Report " Obtain a buccal from Winston and request an interview through his attorney. o (This was done by Inv. P Osborn, see supplement) " Interview Winston's roommate, Chris Casher. o (This was completed by Investigators Osborn and Angulo, see their supplements) " Re-interview the victim about her time line of leaving the bar, what time/how long/when did the sexual act occur, how long was she at the apartment, time line in regards to the text messages, and information about her being hit on the head (as was mentioned in the report), etc. o (This interview was done by the SAO out of town. TPD was not present) " Re-interview the victim's friends (Wiesberg, Kessler, Henry) o (See information below) " Speak with Dr. Goldberger at University of Florida regarding the toxicology o (Toxicology sent to Dr. Goldberger. See below) " She requested to know the time the SAE kit was collected. o (According to the paperwork, the kit/paperwork was started at 6:30 AM the morning of the incident) " She requested to know if there was any video at Potbelly's. o (Inv. Angulo advised there was no video at Potbelly's) " She requested to know if Winston owns a black scooter. o (Based on statement from Winston's roommate, he does own a scooter) On 11/13/13, I called Attorney Tim Jansen several times, and I did not receive a return call this day. I made contact with witness, Ms. Henry, on 11/13/13, and again on 11/25/13, via telephone. During the first conversation, she advised she does not live in Tallahassee, and did not at the time of the incident. She advised on the night of the incident, she saw a message on Twitter from the victim which asked for anyone to call her. She called the victim and spoke with her two times. She advised the first time she spoke with her, the victim was crying and she could hardly understand her. The victim told her she was scared, and she had just been raped, and was walking near her apartment. Ms. Henry advised during the second call, the victim had calmed down a little and told her the suspect drove her back near her apartment and dropped her off. Ms. Henry advised she contacted her old coach and asked her what she should do, and then she contacted the victim's mother about the incident, although the victim did not want her mother to know. On 11/24/13, Ms. Henry left me a voice message asking that I contact her. I made contact with her on 11/25/13. She advised people started contacting her and sending her messages on social media about this case and the victim. She advised them she did not know anything about the case. During the conversation, Ms. Henry said she would like me to log onto her Facebook account and pull up the chat messages from the night of the incident she sent to her old coach, who also knows the victim. Ms. Henry advised this was the most accurate account she had of the incident, because she was typing it as she was receiving information from the victim. I logged in and copied the messages while I was on the telephone with Ms. Henry. They are listed below, with the name of the coach replaced with "COACH". I also forwarded this information to Ms. Cappleman. -----------------------------------------------------------------------------------12/7, 2:59am Bria Henry I NEED YOUR HELP PLEASE 12/7, 3:00am COACH What's up? 12/7, 3:01am Bria Henry is there away you can get ahold of mom . just 119.071(2)(h) called me because she was rapped at some party and she's scared to call her mom and won't give me her mom number to call her because she think her mom will hate her Reporting Officer Sergeant J BALDWIN 203 (05135) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Lieutenant ROD LOONEY 145 Report Status: Approved Date/Time (51899) Department Tallahassee Police Department Date / Time 12/06/2013 13:59 3 of 6 Tallahassee Police Department Date of Report 12/06/2013 09:15 Case # 00-12-032758 Incident Report 12/7, 3:03am COACH Do you want me to call her or do you want her number? Her mom isn't going to be mad. She needs to call her and call the policed Police Are you in Tally? 12/7, 3:04am Bria Henry i tried to tell her that . i don't want to be mad at me but she needs help ! no I'm home she put on Twitter that she needed to talk to someone asap and i told her to call me and she told me you can call her , I don't know how to tell her mom that 12/7, 3:07am COACH I'll take care of it. Any more details you can give me? 12/7, 3:10am Bria Henry thank you so much , nothing but she was at a party and she was leaving and some dude hit her in the head and when she woke up he was on top of her rapping her , then he dropped her off at her place she told me she don't know what he look like but i think she know just scared to say 12/7, 3:11am COACH Please tell her to call the police. I'll call her mom. 12/7, 3:12am Bria Henry I'm begging her to call them and she won't , she dont ever want her mom to know . but she need help , i called Kenya and told her to go over and check on her 12/7, 3:16am COACH I just talked to her mom. 12/7, 3:17am Bria Henry thank you COACH 12/7, 3:17am COACH You are welcome. i am thankful i was up. Thank you for being a good friend and listening. Now, just be there for her. She may be mad that you said something or that you found a way to contact her mom, but you did the right thing . She will understand that eventually. 12/7, 3:21am Bria Henry i freaked out and i got on facebook to see if her mom had a facebook so i could write her and i seen that you had commented on something and i was like hopefully coach can contact her . I told her I'm here if she needs me ! she might be a lil mad but i would want someone to do the same if it was me 12/7, 4:29pm COACH mom was very thankful that you spoke up. She was very appreciative that you trusted me enough to come to me with it. You did a great thing today Bria and I am so proud of you. 12/7, 4:44pm Bria Henry awh thank you ! I'm very grateful you was up to help me with everything . i really appreciate you being there 12/7, 4:44pm COACH Anytime for anything. ------------------------------------------------------------I left a message for Ms. Wiesberg on 11/13/13, at 4:40 PM and again at 6 PM. I received a return call from her a couple of days later, and Inv. P Osborn arranged an interview with her. Please see his supplement for details. I spoke with Ms. Kessler via telephone on 11/13/13, at approximately 4:45 PM. I explained the reason for my call and she requested to call me back. I asked her to call me back before 5 PM. I did not receive a return call, and left her a message at approx. 6 PM. I did not speak with Ms. Kessler again and it is my understanding she was hesitant to be interviewed about this incident. On 11/14/13, I placed another call to Mr. Jansen's office and spoke with his partner Ryan Davis. I explained we needed to speak with Mr. Jansen about obtaining a buccal swab from Winston. A short time later I received a call from Mr. Jansen and explained we needed to get a buccal swab, either by consent or by search warrant from Winston. I explained we would like to have this done today (Thursday) or at least before the weekend. Mr. Jansen said he would make contact with his client and get back to me. I also advised him I was aware his client previously declined an interview, but would like to ask again for an interview of Winston. Mr. Jansen said he was not inclined to have Winston interviewed, but he would speak with him and get back to me later the same day. Reporting Officer Sergeant J BALDWIN 203 (05135) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Lieutenant ROD LOONEY 145 Report Status: Approved Date/Time (51899) Department Tallahassee Police Department Date / Time 12/06/2013 13:59 4 of 6 Tallahassee Police Department Date of Report 12/06/2013 09:15 Case # 00-12-032758 Incident Report At approx. 2:30 PM, when I had not heard from Mr. Jansen I left a message at his office. I received a return call a short while later. He advised he would need to arrange for the buccal swab, but it would not be until the following day (Friday). He advised he was not able to get in contact with his client because he was at practice. He advised he was hoping to have him available the following day around noon. I advised Mr. Jansen we could meet him and his client the same night, after practice. He said he would try to arrange something. I asked him again if his client would be providing an interview, and he advised he did not. Mr. Jansen asked me if we had seen the witness statements he provided from Casher and Darby to the SAO. I advised him we had received them. He said "then really what's the point of the buccal, it just comes down to a matter of consent" at this point. I told him we still needed the buccal, and was requesting it at the direction of ASA Cappleman. I received a call at approximately 4:30 PM this day from Mr. Jansen and he advised Winston would be available at 6:30 PM at the Moore Athletic Center for the Buccal. I directed Investigator Osborn to collect this buccal. On 11/13/13, Captain Furuseth and I again made contact with Ms. Carroll via telephone. During this conversation we requested to set up an interview with the victim. Ms. Carroll said she was not going to allow the victim to be interviewed without her being present and she was out of town, so it would not happen for a couple of weeks. At no time during my several conversations with Ms. Carroll did she ever suggest the victim had a desire to pursue the case. Instead she continually explained how the victim was trying to put this matter behind her, and how they had made a family decision since the incident on how to proceed. At ASA Cappleman's request, I made contact with Dr. Goldberger at the University of Florida College of Medicine on the morning of 11/14/13. We discussed the victim's toxicology results and he suggested I send the toxicology kit (blood and urine) to him for additional testing. He advised there are additional drugs he can test for, which are not normally done in a standard test from FDLE. Investigator Angulo made arrangements to have this sent via Fed Ex through the property and evidence section on 11/14/13. Dr. Goldberger received the toxicology kit on the morning of 11/15/13. I spoke with Dr. Goldberger on 11/25/13, regarding the toxicology results. He advised he would send the results, but he verbally advised there were no drugs found, and the alcohol content was consistent with the FDLE results. I received a copy of this report via email on 11/26/13. The toxicology kit was returned to TPD on 11/27/13, and I impounded it. I was advised Ms. Carroll had alleged that TPD had in some way manipulated the toxicology results, because they believed the victim was drugged. Due to this allegation, at the request of the SAO when the toxicology kit returned, it was sent to FDLE to compare the DNA from the toxicology kit to the DNA of the victim. This test proved the toxicology kit belonged to victim. On 11/14/13, I was directed by Captain Furuseth to make contact with Ms. Carroll again to attempt to set up an interview the victim. Based on the previous conversation with Ms. Carroll, I understood she wanted the victim to have legal representation present, however to move forward with the case, we needed to interview the victim. It was requested I explore the possibility of another family member or representative being present, or even conducting the interview via Skype or other similar means so Ms. Carroll could be present. I made contact with Ms. Carroll via telephone. During this conversation, and before I could finish my sentence about interviewing the victim, Ms. Carroll informed me she had been in contact with ASA Cappleman, and her office would be conducting the interview of the victim. She advised she would be flying back to Florida over the weekend to make Reporting Officer Sergeant J BALDWIN 203 (05135) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Lieutenant ROD LOONEY 145 Report Status: Approved Date/Time (51899) Department Tallahassee Police Department Date / Time 12/06/2013 13:59 5 of 6 Tallahassee Police Department Date of Report 12/06/2013 09:15 Case # 00-12-032758 Incident Report arrangements. I was not aware of this, until Ms. Carroll told me she had spoken to ASA Cappleman. Ms. Carroll said during her discussion, ASA Cappleman asked her if the State decided to move forward with this case, would the victim recant her statement. Ms. Carroll advised she told Ms. Cappleman the victim would not recant, because she was not going to lie. She continued and said she told ASA Cappleman this may not be how she wants to proceed, but she would cooperate if they decided to go forward with the case. I told Ms. Carroll I realize I had not asked her, and she had not brought it up during our conversations, but asked if the victim wanted to pursue the case at this point. Ms. Carroll said the victim wanted to "avoid all of this" and go on with her life after the incident. However since the case is coming out now, what was the benefit of not going forward with the case at this point. She advised the victim's parents had come into town and moved her away from her residence and she would be leaving town soon. These were all things she hoped to avoid. I explained to Ms. Carroll that in sexual battery cases we try to allow the victim to "drive the train, if you will, as much as possible." I explained, due to the sensitive nature of these cases, and the traumatic affect they have, we try to allow the victim to be in control of how the case moves forward. Ms. Carroll said something to the effect of, obviously not, because the prosecutor is driving this train whether the victim wants it or not. I later made contact with ASA Cappleman and advised her of my conversation with Ms. Carroll, regarding the SAO conducting the interview with victim. ASA Cappleman advised she told Ms. Carroll her office would sit in on the interview with the victim; however it was her desire to have a TPD investigator conduct the interview. Based on my conversation with Ms. Carroll, I requested ASA Cappleman set up the interview date and time, and I would have an investigator there for the interview. I later learned the SAO was planning to conduct the interview with the victim out of town, and TPD assistance was not requested. On 11/15/13, SAO Investigator Jason Newlin came to TPD to observe the Darby interview. While he was at TPD, he requested and was provided with a copy of the photos documenting the victim's injuries, a copy of the cell brite report, and copies of the Darby and Weisberg interviews. End of Narrative: 1 Reporting Officer Sergeant J BALDWIN 203 (05135) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Lieutenant ROD LOONEY 145 Report Status: Approved Date/Time (51899) Department Tallahassee Police Department Date / Time 12/06/2013 13:59 6 of 6 Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report I N C I D E N T N A R R A T I V E Case # 00-12-032758 Date of Report 12/09/2013 12:16 Incident Type Criminal Offense 12/09/2013 12:16 Occurred On/From Occurred To Report Type Supplemental - Follow-Up CID Department Case Status Open/Active Case Status Date Cleared Business Name 415 Chapel Dr Tallahassee, FL Total Damaged Property Value : $0.00 Total Stolen Property Value : $0.00 Total Recovered Property Value : $0.00 Sexual Battery - Supplemental Report Topic On 11/14/13, I was assigned to assist Inv. Angulo in this case as needed. 1 On 11/14/13, Inv. Angulo and I attempted to do an unannounced interview with witnesses Christopher Casher and Ronald Darby, both players on the FSU Football team. I was unable to locate a current address or telephone number for either; therefore, contact was attempted through the FSU Athletic Department. I contacted the Florida State University Police Department (FSUPD) to inform them that we would be on campus. Shortly after arriving at Moore Athletic Center, we were greeted by Monk Bonasorte, the Senior Associate Athletics Director. Mr. Bonasorte was aware of our purpose. Mr. Bonasorte contacted Mr. Tim Jansen, legal counsel for Winston, prior to making either witness available. Mr. Jansen informed Mr. Bonasorte that witness Darby would be represented by legal counsel for the purpose of the interview. It was determined that the interview with witness Darby would be postponed until it could be set up through his legal counsel. Witness Casher was summoned to our location. Mr. Bonasorte requested to be present for the interview and stated that he felt that witness Casher had the right to have a "representative" present. I explained to Mr. Bonasorte that he (Mr. Bonasorte) would not be allowed in the interview to preserve the integrity of the investigation. I also explained that if witness Casher wished to be represented by legal counsel for the interview, we could schedule the interview at a time when legal counsel could be present. It was explained to witness Casher he was being interviewed as a witness in this investigation and the interview was voluntary. Witness Casher consented to completing the interview immediately and without legal representation. See Inv. Angulo's report for details of the interview. On the same date, I was informed Jameis Winston would be made available for the collection of a buccal swab. Inv. Warren and I met with Tim Jansen, Ryan Davis, Adam Komisar and Monica Jordan at the Moore Athletic Center (403 Stadium Dr.) at approx. 6:30pm. I provided a Consent to Search from that was pre-filled out with the case information, Winston's name and the fact that a swab would be taken. The form was reviewed by Mr. Davis, who then read the form to Winston. Winston signed the form. I put on rubber gloves and removed the Citmed cotton tipped applicator from the packaging and collected a buccal swab from Winston. I then immediately placed the applicator back into the packaging, placed the applicator/packaging into an evidence envelope that was pre-filled out with the case information and sealed the envelope. I then placed evidence tape on the envelope and placed my initials and date on both pieces of evidence tape. This was all done in the presence of Winston, Mr. Davis, Mr. Jansen and Inv. Warren. The contact was then terminated with Winston. The buccal swab was then immediately impounded upon return to the Tallahassee Police Department. Reporting Officer Officer PAUL OSBORN 500 (94041) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant J BALDWIN 203 Report Status: Approved Date/Time (05135) Department Tallahassee Police Department Date / Time 12/09/2013 12:19 1 of 4 Tallahassee Police Department Date of Report 12/09/2013 12:16 Case # 00-12-032758 Incident Report On the morning of 11/15/13, I prepared a Request for Analysis in this case and delivered it to the Property and Evidence section. I was informed the request and the Winston buccal swab would be transferred to Florida Department of Law Enforcement (FDLE) the same date. On 11/15/13, I met with Jenna Weisberg at the Tallahassee Police Department (TPD) at approximately 10:00am. Weisberg was the original complainant to the FSUPD on 12/07/12. This interview was audio and video recorded, with the consent of Weisberg. During the interview, Weisberg stated that she was aware of the investigation I was speaking with her about. Weisberg explained on the night of the incident she observed multiple "tweets" from the victim asking for someone to call her. She was unsure of the exact verbiage of the "tweets" due to the time delay. Weisberg called the victim, who was hysterically crying upon answering the phone. It should be noted Weisberg later stated that she initially sent the victim a text message and the victim called her back. It does not appear this is an attempt on Weisberg's part to be untruthful, rather than a difficulty in recalling the specific facts due to the lapse in time. Weisberg inquired as to why she was crying and the victim stated she thought she had just been "raped". Weisberg drove from her apartment to the residence of the victim. Weisberg spoke with the victim, who feared contacting law enforcement. She later explained the victim was fearful of contacting law enforcement because she had consumed alcoholic beverages while under the age of 21. Weisberg reassured her that she would not be in any trouble and then contacted FSUPD to report the sexual battery. I asked Weisberg about the fact that when she made the call to FSUPD, she indicated the victim had been struck on the head. Weisberg explained the victim stated her head hurt in a centralized location and she surmised she may have been struck in the head, but had no specific details of this, nor did the victim have any recollection of being struck in the head. I also asked Weisberg why the victim believed she had been sexually battered. She explained the victim had "flashes" of memory. She described that the victim recalled the suspect being on top of her and the suspect's roommate entering the room and telling the suspect to stop. The victim also knew she had sexual intercourse because she had vaginal pain. Weisberg stated she and the victim have not discussed this incident since that date. The first time she heard of the case and the suspect having been identified as Jameis Winston was when I contacted her for the interview. I asked if there was any additional information she thought I should know, and she explained since the start of the football season, she has seen "tweets" from the victim stating that she (the victim) hated when people said "Jameis" was so great and that she hates him. Weisberg later provided me with the victim's username for Twitter. On 11/14/13, I was contacted by Attorney Mark MacNamara, who advised he was representing witness Ronald Darby. It was determined Darby would be interviewed on 11/15/13. Darby and Mr. MacNamara arrived to be interviewed at approximately 12:00pm on 11/15/13. The interview was audio and video recorded with the consent of Darby and Mr. MacNamara. Prior to beginning the interview, I confirmed that Darby was aware of the incident I was investigating. Darby explained he, Winston and Chris Casher went to a local establishment called Potbelly's. The group left for the establishment at approximately 11:00pm and stayed for more than an hour. During the time at the establishment, the men did not stay in a group and spoke with different individuals. At some point, Darby and Casher were seated and observed Winston standing at the bar talking with a blonde female. The pair talked for a period of approximately 15-20 minutes. Darby advised he did not see either the female or Winston buy Reporting Officer Officer PAUL OSBORN 500 (94041) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant J BALDWIN 203 Report Status: Approved Date/Time (05135) Department Tallahassee Police Department Date / Time 12/09/2013 12:19 2 of 4 Tallahassee Police Department Date of Report 12/09/2013 12:16 Case # 00-12-032758 Incident Report a drink while at the bar. The group soon decided to leave and the female left the establishment with Winston, Casher and Darby. The group got into a cab. Darby stated he was in the back seat of the cab, along with the female and one other person. Darby was unsure if Casher or Winston sat in the front seat. Darby did not specifically carry on a conversation with the female, but stated he overheard the conversation the female was engaged in and stated she was communicating properly and coherently. He also stated she was walking under her own power and required no assistance. Darby did not know the female's name. During the cab ride, there was discussion about the female having a friend who was interested in Casher. Discussion ensued about the female calling her friend; however, she was unable to make contact with her. Darby stated the female did not engage in talk of a sexual nature with Winston during the cab ride. The group arrived back at Legacy Suites Apartments and entered the apartment shared by Winston and Casher. Upon entering the apartment, the female and Winston immediately went to Winston's bedroom. Darby explained that Winston's bedroom door could not close completely due to having to previously use bodily force to enter the locked door. Approximately two minutes after the pair entered the bedroom; Casher walked over to the door and looked into the bedroom through the space between the door and the door frame. Casher then summoned Darby, who also looked into the bedroom. They observed the female sitting on the side of the bed performing oral sex on Winston, who was standing beside the bed. After a few minutes passed, Casher stated, "watch this" and entered the bedroom. Darby looked into the bedroom after Casher entered and discovered Winston and the female were engaged in sexual intercourse. Darby stated both Winston and the female were nude. Darby was unsure of their positioning, but stated the female was either "on top" of Winston, or she was on her hands and knees, with Winston positioned behind her. Darby explained Casher did not say anything and stood approx. 5-7 feet inside of the bedroom. The female noticed his presence and stated, "What are you doing?" and told him to get out of the bedroom. Casher left the bedroom. When Casher was out of the room, the female got up and turned the light off and attempted to shut the door. Darby then left the apartment and engaged in a conversation with another individual for a period of 15-20 minutes. Darby then heard Winston's scooter and observed Winston operating the scooter with the female seated on the back with her arms wrapped around Winston's torso. Approximately five minutes later, Winston returned. Darby stated he had no reason to believe that the sexual intercourse was not consensual in nature. I requested to collect a buccal swab from Darby and he consented. I provided a Consent to Search form to Mr. MacNamara for his review. Upon reviewing the form, Darby consented to the collection of the buccal swab. I put on rubber gloves and removed the Citmed cotton tipped applicator form the packaging and collected a buccal swab from Darby. I then immediately placed the applicator back into the packaging, placed the applicator/packaging into an evidence envelope that was pre-filled with the case information and sealed the envelope. I then placed evidence tape on the envelope and placed my initials and date on both pieces of evidence tape. I then concluded the interview with Darby. I then impounded the buccal swab into evidence. Several attempts were made to make phone contact with witness Kessler. On 11/15/13, at approximately 4:30pm, I was able to establish phone contact with witness Kessler. Upon identifying myself, I requested to meet with Kessler the following Monday. Kessler stated she was on the phone Reporting Officer Officer PAUL OSBORN 500 (94041) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant J BALDWIN 203 Report Status: Approved Date/Time (05135) Department Tallahassee Police Department Date / Time 12/09/2013 12:19 3 of 4 Tallahassee Police Department Date of Report 12/09/2013 12:16 Case # 00-12-032758 Incident Report with the State Attorney's Office, and she would have to call me back. Kessler did not return my phone call. On 11/18/13, I spoke with Inv. Newlin with the State Attorney's Office and learned he had been in contact with witness Kessler in an effort to set up an interview. On 11/21/13, I contacted witness Casher by phone to request that he consent to the collection of a buccal swab. Casher agreed to meet with me at the Moore Athletic Center at 1:45pm that same day. A short time later, I received a call from attorney Adam Ellis, who stated he would be representing Casher. After speaking with Mr. Ellis, he stated Casher would not be submitting to the collection of a buccal swab that date, and he would have to speak with Casher further and review the facts of the case to make an informed decision. Mr. Ellis stated he would contact me on 11/22/13 with the decision. On 11/25/13, Mr. Ellis contacted me and advised Casher would not be submitting to the collection of a buccal swab, citing a concern of the DNA profile being entered into a database. On 11/22/13, I checked out the victim's clothing from property and evidence in order to examine the clothing, at the request of the State Attorney's Office. The items were not removed from property and evidence and immediately after examining the clothing, they were repackaged and evidence tape was placed over the cut in the bag used to extract the clothing. I placed my initials and date on the evidence tape. The clothing was checked back into the property and evidence log. On 11/26/13, I was asked by the State Attorney's Office to contact Mr. Ellis and dispel his concerns. I was also asked to inform him that a search warrant would be obtained for a buccal swab from Casher if he did not wish to consent. Mr. Ellis stated he would speak with Casher and call me back. On the morning of 11/27/13, I contacted Mr. Ellis by phone. He stated Casher would not be consenting to the collection of a buccal swab. A search warrant as obtained by SA Inv. Newlin. After the search warrant was signed, I contacted Mr. Ellis by phone. It was determined the search warrant would be executed at Mr. Ellis' office. At approximately 11:30am, Inv. Newlin and I met with Casher and Mr. Ellis at 210 S Monroe Street. Mr. Komisar was also present. The search warrant was reviewed by Mr. Ellis, and Inv. Newlin read the search warrant aloud to Casher. I put on rubber gloves and removed the Citmed cotton tipped applicator form the packaging and collected a buccal swab from Casher. I secured the swab in an evidence envelope. I then returned to the Tallahassee Police Department and impounded the swab as evidence. This concludes my involvement in this investigation. End of Narrative: 1 Reporting Officer Officer PAUL OSBORN 500 (94041) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant J BALDWIN 203 Report Status: Approved Date/Time (05135) Department Tallahassee Police Department Date / Time 12/09/2013 12:19 4 of 4 Tallahassee Police Department Date of Report Case # 00-12-032758 Incident Report I N C I D E N T P E R S O N Case # 00-12-032758 Date of Report 12/05/2013 11:29 Incident Type Criminal Offense Occurred On/From Occurred To Report Type Supplemental - Follow-Up CID Department Case Status CID - Open/Active Case Status Date Cleared Business Name 415 Chapel Dr Apt. 136 Tallahassee, FL 32304 Reported Via 911? : No Was Evidence Collected? : Yes Evidence Collected From : Other - Explain in Narrative Photos/Video Taken? : No Specific Location Type : Apartment Hate Crime? : No 1 Person Type Business/Person Name Business Phone Jameis L Winston Person Address Map Reference Mobile Phone/Pager Employer Address Map Reference Race Black Birth Date 01/06/1994 Sex Male Birth City SSN DL Exp. Date End of Person: DL/ID Number School Attending : FSU Min. Height : 6'04" Min. Weight : 228 lbs 1 Sexual Battery - Supplemental Report Topic 1 Confidentiality Req? : Yes - Sexual Battery Juvenile Involved? : No District/Zone : Alpha-7A Total Damaged Property Value : $0.00 Total Stolen Property Value : $0.00 Total Recovered Property Value : $0.00 Suspect Home Phone Age : 19 Occupation/Vocation : Student - College DL/ID State : AL N A R R A T I V E 12/05/2013 11:29 This case was left in suspended status because probable cause could not be established given the conflicting statements between what the victim told her friends and what was reported to police. In addition, the victim was unwilling to pursue criminal charges at that time. Based on these facts and the fact it did not meet statutory requirements for prosecutorial review (domestic related incidents), the case was not submitted to the Office of the State Attorney. My Sergeant and Lieutenant were both aware and in agreement with this decision in February 2013. On November 12, 2013, we were made aware that a media source was inquiring about the investigation and was requesting documents pertaining to the case. On November 12, 2013 I was directed to notify the Office of the State Attorney of the case for the sole purpose of making them aware in case they were to receive requests for information. After discussing the case at length, I was asked by ASA Cappleman to send her the reports relating to the case. On November 13, 2013, ASA Cappleman provided the Tallahassee Police Department scanned copies of "sworn statements" provided to their office by Jansen. The statements were typed documents that each had eight (8) numbered paragraphs, six (6) of which address the night's events. The statements are consistent in their account of the night's events. In summary the statements relay the following: 1. Winston, Casher and Darby went to Potbelly's and arrived around 11:00pm. While at the Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant ANNE JOHNSON 267 Report Status: Approved Date/Time (93979) Department Tallahassee Police Department Date / Time 12/05/2013 12:53 1 of 4 Tallahassee Police Department Date of Report 12/05/2013 11:29 Case # 00-12-032758 Incident Report bar, a blonde female began speaking with Winston. 2. As Winston Casher and Darby left, the blonde female got into the cab with them (according to Casher, she invited herself). The statements indicated the female was not intoxicated was able to carry on a conversation. and 3. When they arrived at their apartment, the female followed Winston into his bedroom. 4. The door was pulled closed but was partially open because it was broken. 5. Casher and Darby watched as the female performed oral sex on Winston through Winston's broken bedroom door. They then saw the female and Winston engage in oral sex. As a joke Casher went into the room. In response the female told him to get out. She then got up and closed the door and turned off the lights. According to the statements, there were no indications that the female was not a willing participant. 6. Approximately 20 minutes later the female left with Winston on his scooter. ASA Cappleman asked that we attempt to re-interview the victim and her friends. She also asked that we interview Casher and Darby as well. It should be noted that Casher was not initially interviewed due to the fact the victim advised she was familiar with him and did not believe he was present when the incident took place. Additionally, Casher did not meet the description the victim provided for the subject who she said entered the room. On November 14, 2013, Inv. Osborn and I went to the Moore Athletic Office in an attempt to locate and interview Darby and Casher. As is common practice, contact was made with FSUPD to advise them we were going to be on campus to conduct follow-up regarding an investigation. Upon our arrival at the Moore Athletic Center, we were met by Monk Bonasorte. According to Bonasorte, the Florida State University Police Department had been requested to direct all law enforcement officers to his office if they were seeking to contact football players regarding this investigation. Bonasorte then stated he believed Jansen had already arranged legal representation for Casher and Darby. While we were present, Bonasorte made phone contact with who he said was Attorney Jansen. Following the phone call, Bonasorte informed us that Darby had obtained an attorney, but that Casher had not. Bonasorte had staff summon Casher to the Moore Athletic Center. Bonasorte then stated he would be Casher's representative. Bonasorte is not an attorney so we explained that, in order to protect the integrity of the case, he would not be allowed to be present. We then explained if Casher wished to have legal representation, he could request an attorney and the interview would be re-scheduled for a later date. When Casher arrived, I explained to him that he was just a witness in the case, but was still allowed to have an attorney if he wished. I also explained that we could schedule the interview at a later date to allow him to consult an attorney if he wished. Casher stated he did not want an attorney and consented to an interview. Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant ANNE JOHNSON 267 Report Status: Approved Date/Time (93979) Department Tallahassee Police Department Date / Time 12/05/2013 12:53 2 of 4 Tallahassee Police Department Date of Report 12/05/2013 11:29 Case # 00-12-032758 Incident Report Casher stated he, Darby and Winston went to Potbelly's the night in question. He stated he met a blonde female there but cannot remember her name. After getting her phone number he went off the talk to some other people. Later in the evening he saw the same female talking to Winston. As he, Darby and Winston were leaving, the female got into the cab with them. Casher stated the female repeatedly tried to call her friend so that she could hang out with Casher; however, apparently did not speak to that person. Once back at their apartment (Casher and Winston were roommates), the female and Winston went into Winston's bedroom. After about 10 minutes Casher and Darby peeked in the room and saw the female performing oral sex on Winston. Casher stated the door to Winston's room was broken and did not latch closed. A few minutes later he watched as the female and Winston removed their own clothing and climbed on the bed and began to engage in sexual activity. Casher stated he went into the room to see if the female would engage in sexual activity with him as well (as has happened with other females he and Winston have brought back to their apartment); however, the female saw him and told him to get out. A little while later, Casher stated he tried to video tape Winston and the female; however, when the female saw him she again told him to leave. The female then turned off the light and went with Winston into the bathroom. Casher stated a little while later he heard Winston and the female leave and get on Winston's scooter. Casher's statements during the interview were consistent with the statement provided to the police by Attorney Jansen. The only discrepancy was when Casher stated he went into the room to surprise Winston. When asked about this discrepancy, Casher stated he did indeed go into the room to try to have sex with her as well. Bonasorte stated he would contact Darby to obtain the name of his Attorney and then let us know so that we could follow-up with an interview. On November 14, 2013, Winston consented to providing a DNA sample via a Buccal (cheek cell) swab. Before making Winston available to provide the swab, Jansen again stated, he was not going to allow Winston to be interviewed by police. In a report dated November 19, 2013, the FDLE Biology Section provided the analysis of their comparison of Winston's Buccal swab with the DNA referenced in their report dated August 27, 2013. According to the report, the partial foreign DNA profile from the victim's underwear matched the DNA profile of Winston. Winston was excluded as the source of the DNA profile from the victim's shorts and could not be either included or excluded as a contributor to the foreign DNA profile recovered from the victim's face (based on the limited nature of the profile obtained from the victim's face). I had to leave town for several days on a pre-scheduled, work related trip to another part of the state; therefore, Inv. Osborn interviewed Darby and witness Jenna Weisberg. Weisberg was the individual who first contacted FSUPD. These interviews took place on November 15, 2013. See Inv. Osborn's supplement for details. Sgt. Baldwin re-interviewed witness Bria Henry in my absence. See her supplement for details. On November 18, 2013, Inv. Osborn advised he attempted to contact witness Monique Kessler. Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant ANNE JOHNSON 267 Report Status: Approved Date/Time (93979) Department Tallahassee Police Department Date / Time 12/05/2013 12:53 3 of 4 Tallahassee Police Department Date of Report 12/05/2013 11:29 Case # 00-12-032758 Incident Report Kessler, however, told Inv. Osborn she would need to call him back because she was in the process of speaking with investigators with the Office of the State Attorney. The content of that interview has not been shared with this agency. In addition, I was made aware that ASA Cappleman scheduled an appointment to speak with the victim's attorney later that morning. Inv. Osborn and I requested to be present at that meeting but our request was denied. The victim was later interviewed by members of the Office of the State Attorney. The specific details of that interview have not been shared with this agency. At the request of the Office of the State Attorney, the blood and urine samples taken from the victim were sent to Dr. Goldberg, with the University of Florida for additional analysis. Dr. Goldberg confirmed the findings of the FDLE lab that there were no drugs found. Witnesses Darby and Marcus Jordan (the person with whom the victim shared drinks earlier in the night), voluntarily submitted Buccal swabs to be compared with the unknown foreign DNA profile on the victim's shorts. In a report dated November 22, 2013, both men were excluded as possible contributors to that foreign DNA profile. Witness Casher was contacted to see if he would voluntarily provide a buccal swab to compare against the foreign DNA profile found on the victim's shorts. Casher initially stated he would meet to provide the sample. Inv. Osborn was later contacted by Casher's Attorney, Adam Ellis. Ellis advised he wanted time to review the facts of the case before deciding whether he would allow Casher to provide a sample. The Office of the State Attorney served a search warrant to obtain a DNA sample from Casher. On December 5, 2013, I received the FDLE report regarding the comparison of Casher's DNA sample to the other items previously submitted in this case. Casher's sample was excluded as the source of the foreign DNA located on the victim's shorts, underwear, and face. The previously unidentified sample found on the victim's shorts was determined to belong to a known acquaintance of the victim, Jamal Roberts. Due to concerns voiced by the victim's attorney that the blood submitted which showed no drugs did not actually belong to the victim, the State Attorney's Office requested that the blood sample be re-submitted for blood typing. The FDLE reported obtained on December 5, 2013, confirmed the blood initially submitted did, in fact, belong to the victim. End of Narrative: 1 Reporting Officer Investigator S ANGULO 746 (94046) Department Tallahassee Police Department Secondary Officer Name Verifying Officer Sergeant ANNE JOHNSON 267 Report Status: Approved Date/Time (93979) Department Tallahassee Police Department Date / Time 12/05/2013 12:53 4 of 4