***(only the name of the alleged victim is changed for legal reasons)

Michael Moore was charged with 4 counts of sexual assault (all stemming from one sexual encounter) and kidnapping on an FSU student during FSU’s homecoming in 2001. At a homecoming party at Jefferson Point Apartment Complex, Michael met Dimitrious Dalkalitis and Brian Moon, both 20, along with Hallie McKeithan and **Lindsey Bryant, both 19 years old. Mike’s Jeep Cherokee got towed from the apartment complex during the party. Once he found it had been towed, Mike spoke with Dimitrious Dalkalitsis about getting his car out of tow storage. Mike was told that it would cost $80.00 to retrieve the vehicle. Not having the $80.00, Dimitrious agreed to get him, the money in exchange for some information as to how he might be able to get some Ecstasy. According to Hallie McKeithan’s testimony, Xanax was being passed around at the party among other drugs. Dimitrious got the money and took Mike to retrieve his car on Lake Bradford Road. Some of the partygoers had expressed an interest in going to The Exchange to another party. Mike had already told Dimitrious and the others that The Exchange was right around the corner from his house. Once they got to the party, they should call him and he’ll let them know about the Ecstasy then. Contact information was exchanged.

Lindsey Braynt . decided that she wanted to go the party at The Exchange with Mike. She went inside and told her friend that she was leaving with Michael to go to the party. Mike agreed to take her to The Exchange. In route to the party, Lindsey performed oral sex on Mike. He then pulled over to the side of the road. (Earlier that evening it was discovered in the testimony of Brian Moon., one of the young men at the party, that Lindsey. had come on to him and that they had sex even though they were not in a relationships. Brian . described the encounter as “strange”,) Mike did not know that Lindsey had consumed 8 prescriptive and illegal drugs called “sexual enhancement drugs” later found in her system. The blood and urine test showed that she had 8 drugs in her system, Marijuana, Cocaine, Ecstasy, Xanax, Vicodin, Oxycontin, etc. all combined to make up what is called “Sexual Enhancement Drugs” for young people to experience sexual highs longer. (When questioned by the police, Lindsey stated that she had consumed only 1 beer). Mike described Lindsey’s behavior that night as “fun-loving, energetic, flirtatious and a partier”.

According to Lindsey they crawled between the seats and disrobed. She said that Mike put the seat down in the back (need both hands to lower the seat). They had sex and they both went back to the apartment complex. L. B. left her phone number with Michael that was scribbled on a postcard that was presented in court and he had given her his phone number which she and Dimitrious attested to in court. Lindsey’s friends went looking for her and Mike at The Exchange, apparently to find out about the drugs. After returning to the apartment and finding Lindsey . had not gotten any drugs, they become quite upset.

Mike’s sister received four phone calls – she was asleep and kept telling the caller that they had the wrong number until one of them said, “Tell “M” if he doesn’t get us our money or drugs, my friend is going to cry “Rape”. My daughter again told them that she did not know anyone named “M” or what they were talking about and if indeed she had been raped she should contact the police. At the party Dimitrious Dalkalitis referred to himself as “D” so Michael Moore referred to himself as “M” - They were both using the initials “D” and “M”. (We have phone records to verify the calls).

An hour later, Michael went back to the complex to pick up his friend that had spent the night with his girlfriend. When he got to the complex, he was followed by police officers who had been given a report that “three black males had assaulted Lindsey Bryant. Lindsey testified that she did not call the police, her friends did.

Why weren’t the partygoers charged with providing Lindsey with drugs and alcohol as she had to account for her last 24 hours. So when did she take the drugs? Also why weren’t the students charged with possession and distribution of illegal drugs ( Xanax ,etc.) at the party?