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Attorney for Winston accuser critical of investigators; decision not to file charges

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Posted: Friday, December 13, 2013 10:24 am | Updated: 5:44 pm, Fri Dec 13, 2013.

UPDATE (December 13, 2013 - 11:53 A.M.)

ZEPHYRHILLS, Fla. (WTXL/AP) -- The lawyer for the woman who accused Florida State quarterback Jameis Winston of sexual assault is critical of Tallahassee Police Department's handling of the investigation and State Attorney Willie Megg's decision to not file charges in the case.

"I believe this was an investigation into a rape victim and not an investigation into a rape suspect," Carroll said.

Attorney Patricia Carroll said Friday that she questioned the reliability of DNA tests and faulted detectives for not interviewing key witnesses.

Carroll faulted the lead detective for getting a search warrant for her client's cell phone and social media accounts but not doing the same for Winston and his two companions immediately after the accusations were made.

"I'm not standing here saying Tallahassee Police Department altered records, I'm not saying the State Attorney did, in fact I would say the State Attorney received the same documents they released," Carroll said. "But, it begs the question who or how did these records end up missing? I just identified this issue this week and it's a significant issue."

Attorney Patricia Carroll said Friday she is calling on the attorney general to investigate the Tallahassee Police Department's handling of the case.

Officer David Northway the spokesperson for the Tallahassee Police Department says the case is closed and that the department continues to support the state attorney in all his endeavors.

The attorney general's office released this statement: "Attorney General Bondi has spoken with FDLE Commissioner Bailey regarding a possible formal request from the attorney alleging criminal allegations against TPD. No formal request has yet been received."

On December 5 Leon County State Attorney Willie Meggs announce there was not enough evidence to win a conviction against Winston, mostly because he says there were too many gaps in his accuser's story.

Carroll was critical of Meggs' decision and the likliehood that the decision stemmed heavily from the statement from two witnesses.

"I concur with that Mr. Meggs relied on those two statements in making the decision not to proceed," Carroll said. "Those two statements were made by fellow teammates."

Carroll continued "...they are biased witnesses and it was improper for the state to rely on them."

The accuser didn't identify Winston until about a month after the alleged assault.

Carroll says during the course of the investigation they had felt they were not going to get a "fair investigation".

Watch WTXL ABC27 News at Noon, 5, 6 for continuing coverage.

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