Jameis Winston files counterclaim against Erica Kinsman

AP

Lawyer David Cornwell has vowed for months that, if Erica Kinsman sues quarterback Jameis Winston for sexual assault, Winston will file a counterclaim — lawyer talk meaning that he’ll sue her, too. That happened on Friday, the first day of Winston’s first NFL practice with the Buccaneers.

The full document, a copy of which PFT has obtained, comes out swinging from page one, asserting that Winston “did not rape” Kinsman and accusing her of giving “many different and inconsistent accounts of her sexual encounter with Mr. Winston.” After listing the various entities and persons who have considered and rejected the claim, Winston declares in bold type and underline that “Ms. Kinsman is 0 for 6.

Winston contends that Kinsman has been successful in one way — by launching a “false and vicious media campaign to vilify Mr. Winston with the objective of getting him to pay her to go away.”

The document also accuses Kinsman of tampering with witnesses, interfering with criminal investigations, and manufacturing “new false assertions each time a prior lie was rebutted by the truth.”

Next, the document filed in federal court contains a full description of the December 6-7, 2012 interaction between Winston and Kinsman, with fairly graphic details about their sexual encounter.

Then, the document lists the alleged lies told by Erica Kinsman, including a claim that “some dude hit her on the head” and that when she regained consciousness a man was on top of her, that she had been drugged, that she had memory loss due to “trauma,” and that she had been “taken” and “coerced” into a taxi that took her to Winston’s apartment.

After answering the various allegations contained in the complaint and asserting other defenses to the lawsuit, Winston sues Kinsman for defamation of character and tortious interference with prospective business advantage — lawyer talk meaning that she allegedly attempted to undermine his ability to obtain endorsement deals.

The case will now proceed, with Kinsman pursuing her claims against Winston and Winston pursuing his claims against Kinsman and the case destined to linger in the court system for months. Absent a settlement, a jury trial seems inevitable.

83 responses to “Jameis Winston files counterclaim against Erica Kinsman

  1. Really going at it hard this week huh PFT

    Guy is 100% a bad decision maker and a rapist. Nobody ever gets into a questionable situation like that whether it was consensual or not.

    Look at her new claims with the Can driver who took her home and statements from the doctors/nurses which were originally suppressed.

    Hope he fries just like Brady

  2. Pretty bold move. One has to think Winston’s account has merit. You don’t countersue AFTER being drafted #1 if you’re guilty.

  3. This kid is an idiot. If Kinsman couldn’t win, he won’t. Harding ruled it was 50/50.

    This just makes him look naive. People already have him pegged as a rapist (unless they’re Bucs fans) so give it up.

  4. This is the first of a few suits you will see out of Winston’s camp. Her counsel is next.

    This counterclaim is extremely thorough. It is supported by witness statements, findings of multiple investigations, as well as every contradictory statement/account Kinsman has made – all of which are a matter of public record. They are now all in one place, one after the other.

  5. mzew233 says:
    May 9, 2015 1:26 AM

    Really going at it hard this week huh PFT

    Guy is 100% a bad decision maker and a rapist. Nobody ever gets into a questionable situation like that whether it was consensual or not.

    Look at her new claims with the Can driver who took her home and statements from the doctors/nurses which were originally suppressed.

    Hope he fries just like Brady

    ___________

    So based on your post, possibly deflating footballs .5 lbs is equally as bad as rape….
    Good to see priorities in check.

  6. Jameis Winston will be a major headache for Roger Goodell and the NFL until he finally retires.

    It is a tossup whether it is worse than the tarnishing image of Tom Brady.

  7. Before you comment, maybe you should just read the documents. It’s pretty clear that this is a money grab from all the documents that I have read.

  8. mzew233 stupidly said:

    “Guy is 100% a bad decision maker and a rapist. Nobody ever gets into a questionable situation like that whether it was consensual or not.”

    Quotes like this make me question my faith in humanity. Nobody knows for sure what happened, but this guy thinks he knows 100%, tries and convicts him, and posts it for the world to see.

    Cases like this bring out the worst in people.

  9. Lmao @ mzew. She’s a liar. She’s changed her story so many times. Its obvious she wants a pay day. Stop hating so much silly man.

  10. Winston should be in jail along with the cops who covered this up for him. Here’s hoping she takes everything he and his lawyer have and is ever going to have.

  11. Winston declares in bold type and underline that “Ms. Kinsman is 0 for 6.”

    Hey, Florio, you do realize Winston didn’t actually write any of it, right? Not only that, you realize it wasn’t even his idea to file a counter suit, right? You’re painting him to be this stud scholar who’s cleverly orchestrating an assault against his adversaries. Umm…this is the kid who told the whole world that he thought going to classes was stupid for football players of his caliber.

  12. He deserves to be ridiculed for most of what he has done (albeit as I kid) but for this “come on man”. This girl has changed her story more than Oprah has changed her weight.

  13. mzew233 says:
    May 9, 2015 1:26 AM
    Really going at it hard this week huh PFT

    Guy is 100% a bad decision maker and a rapist. Nobody ever gets into a questionable situation like that whether it was consensual or not.
    ___________
    Nobody? Drunken sex happens at colleges all the time.

  14. mzew233 says:
    May 9, 2015 1:26 AM
    Hope he fries just like Brady
    ——————-
    That pretty well sums it up. Unsuccessful people want successful people taken down. Every article PFT writes on any possibility of any football team member being accused of anything illegal, immoral, or suspicious – the verdict is already in. DEATH!

  15. I just saw a picture of her for the first time. Just as I imagined. This was a culture clash. A kid making decisions in an area of life they know little about. That’s fair criticism of both of them.

  16. Erica Kinsman is a lying golddigger. Anyone even slightly familiar with the primary sources involved with this case, and NOT the regurgitated biased slanted hit pieces from crap like the New York Times understands this is completely cut and dry. She first made claims like she was physically injured, yet the doctors found no evidence of physical trauma. She also claimed she was drugged and drunk, yet all test results showed she had absolutely zero drugs in her system and was totally sober.

    What really happened is Jameis’s goofy roommate kept trying to take pictures/record video on his phone and asked to join in a threesome, which Winston did not rebuke because apparently they’d done that kind of thing before, but Kinsman was having none of it and after feeling objectified she decided to accuse cry rape. Skeezes like Erica Kinsman is why it’s so hard for REAL rape victims to get justice!

  17. Lovie Smith will have Jamis on crutches in a few months. Hes the QB killer. Look how Lovie helped Rex Grossman Kyle Orton. Jay Cutler. and about 5 others I lost track of.

  18. Jameis is guilty of having sex with the wrong person. Show-of-hands from those of us whom had a regrettable one-night stand. Rape is violent, deliberate, and serious. A victim of violence doesn’t need to change the story several times over to sound more believable. Sounds to me like a money grab. Sounds to me like Jameis lost marketability–all because he had sex with the wrong girl. If she’d just leave him alone, he probably wouldn’t have filed suit. Now, the only pockets gettin fat are the lawyers. And Jameis’ rep continues to get dragged through the mud.

  19. @stuckonwords,
    Umm… You DO realize that Florio is a lawyer, right?
    Did you really think you needed to school him on who wrote the legal document?

  20. Good. If things like this happen more often, women will think twice about lying about being raped. That helps the people who are being falsely accused of rape and actual rape victims. Its sad that some legitimate rape claims are taken lightly because of people like Erica who want to profit from it.

  21. Every night folks all over get drunk and find themselves in bed with someone they don’t know. It was stupid for BOTH Winston and Kinsman to put themselves in that situation. Now matter what type of girl Kinsman is, no matter how poor her decision was to go to some dude’s apartment, no matter if she took a “let’s see how the night goes” attitude or not, if at any time, up to and including when the alleged rape happened, she said “no” or “stop” and Winston didn’t comply, he’s in the wrong. Period.

  22. No matter what really happened, the burden of proof is much lower for civil cases, and I’d bet a jury will be more inclined to side with the female accuser than the male QB who just put $21 million in his bank account. That said, Jameis (and the Bucs especially) probably want to be done with this. I would bet some deal is struck where there is a specific statement emphasizing denial of any guilt, where Kinsman can’t publicly write or speak about it anymore, and Winston pays her a modest sum to just go away.

  23. “some dude hit her on the head”

    Real life isn’t like the movies. If someone hits you and you are out cold, you will either die or have a massive concussion. I’m sure the doctor that examined her noted the memory loss, light sensitivity, and other concussion symptoms she suffered right? Or is this a money grab?

  24. stuckonwords,

    No, that was Cardale Jones, but hey, I guess all those black guys look alike and we can’t expect you to know the difference between Florida State and Ohio State. Winston’s actually the athlete on the academic honor roll throughout his college career who got into Stanford out of high school. But who needs to make distinctions like that, right?

    As for anyone criticizing him for doing what his lawyer said he would do, the stance is dumbfounding. In addition, I see the same people saying “why didn’t he say anything” for a year and a half while he was routinely attacked in the media by Kinsman’s lawyers and aunt on a few occasions, aided by the media, (which they had no problem with btw), but now that he is responding since as Cornwell told you all along, getting to a payout before a civil suit was the goal all along. As more of the evidence that some of us FSU fans and alumni have pointed out to you from her own friends’ assertions to her own texts to the nasty interracial angle that’s the elephant in the room to stuff like the social media interactions, Vine videos, and the like all come out in this, I hope some of you (and you know who you are) grant your apologies to us and this young man. I’ll be looking forward to it.

  25. Total cash grab backfire. All you Winston haters can eat it. This is a complete facial to all of you suggesting he was guilty and should settle. So incredibly awesome. Finally.

  26. mancave001 says:

    You don’t countersue AFTER being drafted #1 if you’re guilty.
    ====================================

    Yeah you do. Especially when you just got the money to pay for it.

  27. If successful, could this civil countersuit give weight to a criminal prosecution for lying to the police? With documentation of her conflicting accounts, why hasn’t she already been charged?

  28. mancave001 says:

    “You don’t countersue AFTER being drafted #1 if you’re guilty.”

    Well, actually, you do. All of a sudden Winston has millions of dollars at his disposal and can lawyer up with the best of them. I’m relatively certain that the woman he raped can’t afford any big-time attorneys. It makes perfect sense that Winston would do this now that he’s rich.

  29. People in here are actually saying they hope he is guilty which means they hope someone was raped. Sick people you are. Where are your morals people? Get your priorities straight. Bet they don’t like it when the tables are turned.

  30. Now people are making up things about Jameis.

    Someone comments: Umm…this is the kid who told the whole world that he thought going to classes was stupid for football players of his caliber.

    Cardale Jones said that, not Jameis Winston.

  31. If he didn’t rape her, he is within his rights to file this claim. If he DID rape her – well this is the logical move.

  32. It’s about time. He needs to do his opening statement with what her actions do to ‘real’ rape victims.

    ——
    @jse1212
    This kid is an idiot. If Kinsman couldn’t win, he won’t. Harding ruled it was 50/50.
    This just makes him look naive. People already have him pegged as a rapist (unless they’re Bucs fans) so give it up.

    ——-
    Really? What would you do if it was you. Your last statement speaks volume. “People already have him pegged as a rapist.” And that is the reason he should sue the pants off of her and her lawyer who most likely is instigating this whole thing.

  33. Instead of hoping he is guilty. Why don’t you hope the truth comes out so if he’s guilty you can now have feelings or if he’s innocent now it doesn’t matter because you already made up your mind about what happened so instead of apologizing you will concoct something else to justify your hate.

  34. Bottom Line: Willie Meggs himself said “nothing good happened that night” and he was privy to all the same info if not more than the FSU sycophants. He has nemerous times called the TPD a farce and is a determining factor for not being able to file charges.

    The attending nurse, who has years of experience in knowing what is and what is not rape, called it rape.

    I’ll take these people’s opinions over fans of a program that has lots of issues right now. These 2 things plus numerous problems with TPD investigation and FSU’s lack of response gets this into court. And lets not forget, Winston’s lawyer showed up at her lawyer’s office trying to settle, not the other way around.

    Can’t wait to see lead detective on the case, fisher and all the FSU administrators in court defending their pathetic actions.

  35. Why is Tom Robinson automatically guilty to so many of you?

    Why do the dozens of lies about so many things not reduce the accuser’s credibility in your eyes?

    Why won’t you READ the facts in any of the full reports available to you online before casting judgement?

    Of course these are rhetorical questions, we already know the answers.

  36. Reading through the anti-Winston posts, I detect a lot of jealousy, financial envy and racism. It’s as simple as that.

  37. Whatever the facts of the case are – we will never know because the ones charged to investigate and prosecute it objectively chose to not investigate it at all instead.

    One fact is clear though — the people on this board are frightening in their level of hatred toward women.

  38. Good for you Jameis, false accusation of rape is just as bad. Anybody who can read the testimonies and and think he raped her is either ignorant, racist, or a troll.

  39. No matter what the lawyer or plaintiff say – He willingly participated in fornication with a mentally unstable female.

    He coveted a man’s daughter, committed adultery, thought nothing of his family’s progeny discarding its value, foolishly risked his health with the possibility of an STD, got in trouble with school officials, got tangled in a lawsuit and threw away his reputation and character as unimportant.

    An inclination to choosing evil is far more than bad decision making.

  40. Why launch this law suit now? What has changed?

    Jameis has been picked No. 1 and has signed for No. 1 Money.

    He needs to mount an offensive or else she may get a big chunk of that cash in a civil suit.

  41. First, he’s going to find out he’s not in Tallahassee anymore where they won’t cover things up for him. All that stuff the Tallahassee Police Department and FSU colluded to bury will come up and it will paint both of them AND Winston in a bad light. Whether or not he did it, there’s plenty of questionable behavior between FSU and TPD (like going to FSU before ever talking to the district attorney–not common practice). Stuff like this will come out and give everyone a black eye. There are no winners in this.

    Second, he WILL have to testify in this civil court, UNDER OATH. None of this not showing up and refusing to cooperate. He will be compelled to in a civil suit or he will lose the case.

    Third, the Bucs have to hate seeing this in the news after drafting him.

    I think whoever is giving him advice is giving him bad advice. They should just make this go away. All one needs to win a civil case is a 51% probability which isn’t that hard to prove…especially if they start bringing out everything TPD and FSU did to try to bury these charges. No matter what happened, the appearance of impropriety may be enough to sway the case.

    Again, before all you FSU acolytes start whining, I’m not saying he’s guilty. I’m just saying there was some funny stuff going on with FSU and TPD before this ever became public. I bet if this were at any other school you’d be screaming bloody murder but since it’s at F$U then you drink the Kool-Aid and look the other way.

    I’m anxious to see what happens when the case isn’t being hindered by the influence of FSU and TPD. We may start hearing a different story. Let’s face it…lawyers are about making money and this lady’s lawyer only gets paid if they win. He wouldn’t take a case he didn’t think he had a near certainty of winning.

    If Winston were smart he’d settle out of court and have her sign a non-disclosure agreement which prevents her from talking about it anymore. The problem is, Winston isn’t smart and he’s proven that over and over with his poor decision making.

  42. What ARROGANCE!! Now that he has money he hires a lawyer. Dude is OUT OF CONTROL.

    JW, you don’t have all your Homies around to protect you now. Better off you make this go away you idiot! I’ve heard the father, and I don’t think this one is going away. There are witnesses. It is amazing this made it out of FSU. can’t wait to see this arrogant LOSER go down.

    I can tell you honestly, if he did this to my daughter, he’d be a dead man!

  43. I hope he wins this and sends a message to groupies. Look at the groupie who lost with Mc Donald yet still costing him millions who is now attacking Ahmed Brooks. They need to get this skank in court as well. You wanted equal rights when the bankers lured you into the workforce, then I pull no punches. Act like an adult, get treated one one. These false accusations are rampant in this country and a man is guilty until proven innocent which is almost unheard of unless you have a high net worth$.

  44. How to score big buck$:

    Plan A: show up at Jameis’ door all decked out and sexed up. $educe him into marrying me. NFL husband = $et for life.

    Plan B: play victim and grab $$$$ only. Enjoy money, fame, freedom.

    Hmmm …

  45. Makes sense. Kinsman tried so hard to drag Winston’s name thru the mad with absolutely no evidence. She’s probably a social pariah around the Tallahassee area. I ain’t saying she a gold digger. But she ain’t messin’ with no…well, you know.

  46. People criticizing Jameis are pathetic.. Saying “drop it and move on.”

    But how would you like it if a good portion of society has already labeled a rapist if you truly didn’t do anything.

    Imagine if some family members, some teammates, teachers at charity events, and any woman hes around has it in the back of there head “Did he do it?”

    Of course you’d want to clear your name! And people are acting like this is gonna take all of his damn time -.-.. News flash its not that is what lawyers are for.

    Way to blame the victim in the case you over sensitive babies..

  47. Anyone who has read Kinsman’s latest version of events and believes that just aren’t being objective. So you’re not drugged, drunk, or traumatized physically in anyway (all proven medically), but you as a petite white woman allegedly get “forced” into a cab by 3 big black men who no one would know if they played football or not unless they were superstars which all of them were not at that time, get back to the apartment, get forced out of the taxi, again with no one saying a word about it, and then get attacked specifically by one of them as soon as you get inside the apartment while the others who allegedly helped him “coerce” you back to the apartment (which is kind of a crime if that happened) pass on raping you too I guess because they were just being good guys all of a sudden. Do you see how ridiculous that sounds when you actually write it down even if you want to try to find a way to believe Kinsman? Also, I know “rape” victims who tell their “rapist” to just give me some money and I’ll go away. That sounds real typical.

  48. This case is so Monica Lewinsky. She could’ve kept the affair private but desperately needed the world to know for bragging rights and cheap fame.

    It also made her feel attractive.

    Same thing for campus sl..t Kinsman only hers was purely money motivated.

  49. He could have done this months ago, but he didn’t. The fact he’s doing this now is a retaliation to force her to drop her lawsuit. The truth won’t come out because this is the USA, money wins 99% of the time, he has it, she hasn’t and justice doesn’t stand a chance. OJ was innocent too remember. If this is a money grab, as so many idiots believe, she’s dragging herself through hell for a few dollars, I’m not buying it, and I hope we get to hear the civil case. This is just what the Bucs wanted to hear, Jameis having a low profile.

  50. People wonder why they call them racist. No facts or evidence of rape she told multiple lies about what happened accused means guilty if you a black athlete. I mean look at fact she was drugged and traumatized proven not to be. Forced in a cab by three black men sorry anywere a white girl forced in any thing by black group someone would see something like that. Bartender said false wth america you would not allow a man to be drafted that police clearly said he was not a suspect. When you think america takes a step forward we take 10 backwards

  51. ourbonesaredriedup,

    No, he couldn’t since she just sued him 2 or 3 weeks ago. On the other hand though, she definitely could have sued him months ago or even over a year ago since the state’s attorney passed on prosecuting this case way back in December 2013 if we’re going by your logic, and this wasn’t so obviously a sorry money grab. You are aware of all of this I’m sure because you sound like such an informed and unbiased fellow.

  52. The comments on this post just shows how judgmental society is. It’s utterly pathetic and disgusting.

  53. To no surprise lol I’m sure the Winston attorneys are SALIVATING, knowing Winston just got “rewarded” with a $16M+ signing bonus — so they plan on litigating for the next four years (The Good Lord Works In My$terious Ways, i.e., “Payback!”)

  54. None of us here can speak to the accusation intelligently. We weren’t there.

    But I get the feeling the Bucs are going to regret drafting this guy. Feels like it’s just a matter of time. They couldn’t keep a genuinely good guy like Freeman out of trouble down here, how are they going to protect this water head?

  55. These brothers need to stop making themselves a target. Becky been plotting on your future money. You know it’s a set up and you fall for the trap anyway.

  56. mzew233 says:
    May 9, 2015 1:26 AM
    Really going at it hard this week huh PFT
    Guy is 100% a bad decision maker and a rapist. Nobody ever gets into a questionable situation like that whether it was consensual or not.
    Look at her new claims with the Can driver who took her home and statements from the doctors/nurses which were originally suppressed.
    Hope he fries just like Brad
    ********************************************************
    Incredible !! mzew233 is shouting out of the side of his “misinformed” mouth and didn’t even bother “reading” the article???? ALL of the investigations post Erika making her claims and you’re calling Jameis a “rapist”?? So if you bother to read the article, why not place yourself in his position for a second. You would say that YOU stand convicted with all of this conflicting information around to support you?? REALLY ? Go back to your cave !!!
    BTW, what the HELL does this comment mean???? ”
    Guy is 100% a bad decision maker and a rapist. Nobody ever gets into a questionable situation like that whether it was consensual or not.” What a “sweeping statement from a freaking IDIOT !” Your’e a Primary reason for the 6TH AMENDMENT ……………………………

  57. more of these guys should sue these lying chicks,these chicks know the racist media and so called fans will believe them and run the story

  58. Cash grab? Initial complaint was filed in December of 2012 long before he was a first round draft pick it Heisman trophy winner. Actually before he even started a game for FSU. Kind of funny don’t ya think?

  59. meximyke says:
    May 9, 2015 12:30 PM
    No matter what Jameis is the loser! His lawyers will take all his money and more!
    ——–

    Nope, that’s just what you WANT to be the case.

  60. purplengold says:
    May 9, 2015 9:13 AM
    If successful, could this civil countersuit give weight to a criminal prosecution for lying to the police? With documentation of her conflicting accounts, why hasn’t she already been charged?
    ————
    She could be, down the line. But that’s really at the discretion of the governing authorities with jurisdiction (the allegedly in-cahoots Tallahassee Police Department and prosecutorial body in the state of Florida).

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