Winston's attorney said a lot in the 10-minute segment.
Jameis Winston's attorney, David Cornwell, appeared on ESPN's "Outside the Lines" program Monday afternoon for a brief segment.
Florida State informed Jameis Winston via letter that he must contact the school's Office of Rights and Responsibilities within five class days to schedule an informational meeting about a potential student code of conduct hearing concerning Title IX issues emanating from a 2012 allegation of sexual assault for which Winston was not charged.
Cornwell said that they have not contacted the school to schedule that meeting because of some concerns and uncertainties about the process.
One of those concerns, expressed in Cornwell's recent letter to the school, in part resulted in the change that will now see a third party neutral judge preside, as opposed to a group of students and educators.
Cornwell said that one of his concerns has to do with why Florida State is going forward with the process after "itself acknowledging that it took 20 months to make the claim under Title IX, when the school's policy is that they do not go forward with complaints after 12 months."
"As disclosed by the complainant's attorney and widely reported in the media, on Aug. 6, 2014--after multiple requests by FSU over the previous 20 months--the attorney agreed to make the complainant available for an interview. Based on her statement, the University reopened a confidential Title IX investigation and, once again, sought a statement from the athlete." -- Florida State releases timeline of events
"We'll be sending that letter to the school tomorrow morning," Cornwell said.
Evidentiary process
Cornwell's next concern is of an evidentiary nature, and he began to list some of the graphic (likely exculpatory in a case where consent is the central issue) evidence that he wants to make sure is considered at any potential hearing.
"We want to make sure we have the opportunity to get the evidence in," Cornwell said. "Every official entity that has considered all of the evidence (emphasis Cornwell's), which includes:
-the fact that this young lady was observed on her knees performing oral sex,
-the fact that this young lady was observed on top of Mr. Winston engaging in a consensual sexual act,
-and the fact that this young lady, even though they knew [inaudible] the identify [host cuts him off to ask what is stopping him from presenting the evidence?]."
"We simply don't know what the procedures are," Cornwell said, in response to the host's question.
Representation
"We don't know whether [attorneys will be allowed to speak]." Cornwell said. He further detailed more evidentiary uncertainties:
-"We don't know whether we will be allowed to bring her prior statements in from the [previous hearing involving Chris Casher and Ronald Darby, the men who witnessed the events (Casher was given probation for his attempt to videotape the act, while Darby was not punished for witnessing)].
-"We don't know if we'll be able to ask her why, if she claims she was raped, why did she (previously) charge Casher and Darby with violating her [privacy] by videotaping her sexual act, and didn't charge them as accomplices to a rape. She didn't charge them with failing to rescue her while she was being raped."
Cornwell is concerned about Winston, who does not have any legal training, having to potentially represent himself without counsel in this matter.
"These are issues that I think might be a little bit more sophisticated and complicated for a 20-year old to bring out at an evidentiary hearing," Cornwell said, further highlighting the concern over a process that regards a legal matter of a serious nature, but potentially without legal representation.
Timing
"Our cooperation came with the expectation that the process would be fair," Cornwell said. "Is it," the host asked? "We don't know yet. We won't know until we get through the next phase which is to understand what the procedures are, both in the hearing room, and prior to the hearing to assure that we have ample time to marshall all this evidence, to present it."
"It doesn't make any sense to rush this thing when the school has acknowledged that this woman waited 20 months to make a claim after being repeatedly asked by the school to come forward," Cornwell said.
"I don't see where the sense of urgency is now that she finally made a claim. Mr. Winston should have ample time to marshall a defense to a claim that has been proven (emphasis his) to be false charges. Ones of false allegations of sexual assault."
The host then asked Cornwell to summarize his position on the timeline going forward.
"[Summarizing school's timeline] ... your understanding is that this is not going to occur in the next couple of weeks," the host asked?
"I certainly don't think so," Cornwell said.
"I don't know how it could. We need to get the school educated so that they review statements and other things and their records, we'll have to get the police reports from the Tallahassee Police, the [Florida] State Attorney's records, and we'll have to get the transcripts from the hearings of Casher and Darby. I don't know any trained attorney that could do that in five days, and digest it and be able to examine witnesses based on that, much less a 20-year old. It's going to take a while."
Court unlikely
"If the clock does stop with the school, despite the ongoing conversations with the university, how prepared are you to go to court to try to stop the clock here," the host asked?
"We haven't even considered what options we might have to look at if the school is not cooperative because the school has been cooperative," Cornwell said.
"We sent the letter to the school at the end of September expressing our concerns about due process, and conflicts of interest, and in response the school took what we think is a very responsible step in appointing remarkably seasoned and capable jurists to serve as our panel. That's a great first step. And based on the first step and the conversations we've had with the school, I actually think that the process as we move forward will be adjusted to accommodate our concerns.
"We're not looking at any other option other than cooperating with the school and moving forward as is outlined."
More
Read the documents released by investigators, including multiple drug and toxicity screenings showing neither drugs (including "date rape" drugs) nor an excessive amount of alcohol and decide for yourself: Newlin's investigative report (.pdf) Investigative report (.pdf) Investigative report II (.pdf)