Brandon Winston
was born in Camp Lejeune, N.C.,
the son of a U.S. Marine
and a math teacher.
His family moved to Brooklyn, NY.
His mother taught math in
the New York school system.
His father became
a New York City firefighter who spent
months working in the rubble of the Twin Towers.
He received a scholarship to
Phillips Andover Academy
through a program designed for
gifted inner-city students.
He attended St. John’s College,
in Santa Fe, N.M.,
graduating after taking a year off
to play saxophone in a band.
Mr. Winston was accepted
to six law schools:
HE CHOSE
In his first year,
he met Kamilah Willingham in a course
called the Recording Artists Project.
After the course ended
but by late 2010 they were back in touch,
especially after Ms. Willingham returned
from a trip to Africa.
She called him “BJ,” his initials.
Jan. 14th, 2011
Video from The Hunting Ground
While at Ms. Willingham’s apartment,
Ms. Willingham, her friend, Mr. Winston, and another law school student
started drinking Bailey’s and hot chocolate,
and then moved on to Jack Daniels and Coke, and beer.
Defense Attorney Norman Zalkind
questioning Ms. Willingham:
And at some point you brought out some cocaine?
Right.
And you put some out on the table.
And by the way, you know that giving out cocaine to anyone is a crime?
Objection
Around 11 p.m. they took a cab to the Middlesex Lounge, where they continued to drink.
They danced and socialized with other people at the bar,
and then Mr. Winston and REDACTED began to dance.
She kissed him, and he kissed her back. They continued kissing and dancing.
When the bar closed, they walked a few blocks to find a cab,
and then returned to Ms. Willingham’s apartment.
Me and my girlfriend
kind of just flopped down…
face first on my bed…"
she tells CNN.
Mr. Winston saw REDACTED in bed.
He got in and woke her up; they resumed kissing.
With her help he removed her shirt;
he struggled with her bra for a moment before giving up.
They both passed out.
Video from The Hunting Ground
Court testimony of
Brandon Winston
I woke up to find a body rubbing against mine and a tongue in my mouth.
And who did you think that was?
I thought it was REDACTED.
And at some point did you find out it wasn’t REDACTED?
It wasn’t REDACTED.
How long did that take?
It took me ten seconds after I came to, to realize it… Kamilah’s legs, she wrapped her legs around me.
And then what did you do?
I stopped.
I said, “We should probably stop.”
Did she say something to you first?
Yes. She said, “Don’t you have a wife at home?”
And did you have a wife at home?
No. I had a girl that I was involved with that, like I said earlier, that I had told (Ms. Willingham) at Cambridge Common
that I didn’t want to be with, but was trying to get out of the relationship at the time.
Mr. Winston got up to sleep on the couch,
but Ms. Willingham encouraged him
to sleep in her roommate’s room.
Her roommate was out of town.
Kamilah Willingham, talking about her experience reporting her alleged assault at Harvard.
Video from The Hunting Ground
CROSS EXAMINATION
And do you remember his saying he would sleep on the couch?
Yes.
And you told him to sleep in Andreea’s room?
I told him that he could, yeah.
And at some point you went into the room where Brandon was sleeping?
Yes.
Yes.
And he was half asleep, right?
Yes.
And he said "I didn't do anything. We hooked up, then I fell asleep.” Or something like that. Is that what he told you?
Yes.
Early that morning, after a conversation with Ms. Willingham,
Mr. Winston left to go to work.
Later, he and Ms. Willingham texted.
Ms. Willingham told Cambridge Police she found a used condom in the bathroom trash.
Both women said they believed Mr. Winston had intercourse with REDACTED
while she was passed out.
Neither police nor prosecutors requested a sample of Mr. Winston's DNA.
Three years later, at the insistence of Mr. Winston and his defense lawyer, the condom was tested.
It contained DNA belonging to Ms. Willingham and an unknown male.
It contained no DNA belonging to Mr. Winston.
Video from The Hunting Ground
CROSS EXAMINATION
Yes.
You were going to be casual as possible when you were texting him?
Yes.
And at some point you looked in the trash; is that right.
Right.
And pretty close to the top of the trash there was a condom?
Right.
Superior Court Judge
Maynard Kirpalani ruled:
A Middlesex County grand jury declined to indict Mr. Winston on any charge
related to Ms. Willingham, and also declined to indict him
on the most serious charges involving her friend.
It is extremely rare for a grand jury to decline a prosecutor's request for indictment.
The grand jury returned two charges against Mr. Winston
for allegedly assaulting Ms. Willingham's friend.
THE CLERK:
Mr. Foreman, as to Indictment No. 8 2012-1160-001, charging the defendant, Brandon Winston, with indecent assault and battery on a person over 14, what say you, Mr. Foreman, is the defendant guilty or not guilty?
MR. FOREMAN:
Not guilty.
Jurors voted eleven to one to acquit Mr. Winston of all charges.
The jurors reached a compromise,
finding him guilty of a single, nonsexual misdemeanor.
Ms. Willingham was the keynote speaker
at the 2015 National Sexual Assault Conference,
where she continued to accuse Mr. Winston of
a crime he did not commit.
She has become a celebrity.
Harvard Law School Faculty reviewed the findings of the Administrative Board and determined that they were not supported by substantial evidence, the applicable standard. The faculty dismissed the case.
In 2015, Mr. Winston returned to Harvard Law School to pursue his law degree.
He hopes to merge his legal education with his creative side to do something innovative.