Willingham, however, was not placated. Winston testified that several days after their late night, she met with him and told him she had found a condom at the top of the wastebasket in her bathroom with blood on it. Willingham told Winston that KF had been menstruating on the evening in question and that she thought he might have used the condom with KF. Winston testified, “I was shaken. She made it very clear that … she was accusing me of rape.”
Winston had no memory of having intercourse with anyone, but when Willingham confronted him, he wondered if he could have done something while in a blackout state. Frightened, he testified that he checked his wallet, and the single condom he always carried was still there. He told Willingham the condom at her apartment wasn’t his. She told him she had already given it to the police. (The Cambridge Police Department declined to comment on the case.) Eventually, the condom was tested by law enforcement. There was both male and female DNA on it. The DNA from the woman was not that of KF but Willingham. Law enforcement did not test to see whether Winston was the source of the male DNA. Winston’s lawyer, Norman Zalkind, did. The male DNA did not belong to Brandon Winston.