Tallahassee , Florida ( CNN ) -- Heisman Trophy hopeful Jameis Winston and his accuser had consensual sex the night she told police he had sexually assaulted her , the attorney for the Florida State star quarterback said Thursday . Tim Jansen said his client 's DNA was found on the clothing of the woman , who nearly a year ago said she was raped . ESPN , which first reported the DNA development , said the Florida crime lab determined that the possibility it was someone else 's DNA would be one in 2.2 trillion . Jansen and state attorney Willie Meggs confirmed two DNA samples have been taken in the case , one from Winston and the other from a witness . `` I will tell you from Day 1 , December of 2012 , our defense ( has ) not changed whatsoever , '' Jansen told Capitol News Service . `` These DNA results had no effect on it . It had no effect on the testimony on the eyewitnesses that were there . '' The case grew more curious Thursday when the recently retired police chief of the Tallahassee Police Department told CNN he was unaware there was a rape investigation against Winston , who has led the Seminoles to a No . 2 national ranking , until he learned about it in the media . Dennis M. Jones , who left the post in October , said when he was the city 's top cop that he always knew about cases involving athletes , even if the players were n't charged . `` I 'd like to know why it did n't make it to me , '' he said . `` It could be because the victim did n't want to prosecute . I do n't know . But that 's a question I have . '' The case began in December when the woman , a student at Florida State in Tallahassee , reported she had been sexually assaulted . A month later she accused Winston of the alleged rape . Tallahassee Police Department Interim Chief Tom Coe told reporters Wednesday night that the accuser `` broke off contact '' with them in February and did n't want to go forward with the case . The news conference followed a statement from the family of the accuser criticizing the department 's investigation . The lengthy message , which was printed by the Tampa Bay Times newspaper and other media , blasted the lead detective on the case . The accuser 's family said Detective Scott Angulo warned her attorney that Tallahassee is a `` big football town '' and her life could be miserable if she pursued the case . Angulo has not responded to several CNN requests for comment . Jansen , Winston 's attorney , said he believed the case was closed months ago . But Coe said the case is still open . `` We hope to move it forward as quickly as we can in coordination with the state attorney 's office and bring closure to it , '' he said . No one has been charged in the investigation , and Meggs said his office has yet to interview the accuser . He will meet with his staff Friday , he said , to determine their next steps . Jones called Angulo a good investigator and said he finds it hard to believe the detective would pressure an accuser . The story became public when some media outlets put in public records requests for the alleged victim 's complaint . Tallahassee police have released a heavily redacted incident report documenting a sexual assault allegation in early December 2012 . The family 's statement said they never leaked information about the case , a response to Jansen 's comment last week that the timing of the media discovering the case -- in the middle of the college football season -- was `` very suspect . '' Jones also questioned the timing . The woman 's attorney strongly disputed that Thursday . `` We did not want this to blow up in the press , '' Patricia Carroll told CNN . `` Everybody is asserting about the timing and implying the victim ( tipped off the media ) , that 's not the case . She was in classes at FSU . Exams were coming up . She had to leave school and come back home because of this . '' She found it `` inherently contradictory '' that Jones said Angulo was a good detective , but Jones said he was left unaware of the case . Jones said his former department never gave athletes preferential treatment . Police are aware of the perception , he said . `` So anytime we got a case involving an athlete we would go above and beyond in our investigation . It 's almost to the contrary of what people perceive , '' he told CNN . The Heisman Trophy is awarded in December and goes to the player who voters believe had the best college football season . Winston has thrown for 28 touchdowns for the Seminoles , who are 10-0 and with three more wins could play in January for the national championship . Winston did n't play during the 2012 season but came to Florida State as one of the nation 's top quarterback recruits , according to recruiting rankings . Jones pointed out that when the accusation was made Winston was not famous , as he is now . Florida State has said university officials can not comment on an open investigation . CNN 's Nick Valencia contributed to this report .
NEW : DNA from accuser 's clothes matches that of Jameis Winston , lawyer confirms . NEW : He says his client had consensual sex with the woman , a fellow student . NEW : Former police chief says he was unaware of the case during his last 10 months at the position . NEW : Accuser 's attorney said they did n't want this case to go public .