Office of the State Attorney
Jack Campbell
State Attorney
2nd Judicial circuit
Please reply toi James 'Andy' Rogers, Assistant State Attorney

'

Re: Proffer of Brian Winchester, 2Ot6 Ct 02265

Dear Mr. Jansen;
You recently indicated that'your client, Brian Winchester may be interested in providing a proffer ín
connection with knowledge of an on-going investígation. ln order to avoid any misunderstanding, we are
writing to set the terms for the gíving of a proffer by Brian Winchester. lf Brian Winchester wishes to
provlde a proffer under thebe terms, please sign and have your client sign this letter in the space
provided below,

L.

Brian Winchester agrees to fully and truthfUlly answer questions posed by the State Attorney,s
office or its designated representatives regarding the circumstances and his knowledge of the
disappearance of Mike Williams. Brian Winchester rnay at any time elect to terminate h¡s

proffer, lftheprofferisterminatedallþrotectionsoftheagreementapplytotheinformation
provided prior to termination. Should Brlan Winchester wish, his attorney may be present
duríng the proffer,

2,

Brian Winchester understands that his proffer does not obligate the State Attorney's Office to
enter into a plea agreement with Brian Wínçhester or to fíle any motion regarding Brían
Winchester's cooperation. Brîan Winchester also recognîzes that his proffer in no way límits the
State's abilíty to bring charges against him if warranted by evídence other than statements and
evidence derived from those statements made by Brian Winchester during his proffer,

3.

ln exchange for the above mentioned proffer the State of Florida agrees to not request a life
sentence ln case number 16CF02265 counts 1-3 orãny other charges based on the same

incident andlor criminal epísode.

4,

ln exchange for the above mentioned proffer the State of Florida agrees to not present evidence
related to the information provided by Wade Wilson (spn:226734 DOB:AS/20/1994) in any
poteritial open plea to 16CF02265 counts L-3 or any other charges based on the same incident
and/or criminal episode.

5,

ln exchange for the above mentioned proffer the State of Florida will agree to a jolnt motion to
contínue the trial of 16CF02265 to a new trial date in either December 2017 orJanuary 201g.
This provision only applíes after the proffer occurs. The State agrees to inform the Court of this

proffer agreement at slde-bar or in chambers if needed for the Court to-grant the parties joint
motion.

 6,

The partles agree that statements made by Brian Winchester during his proffer shall not be
adrníssible against Brian Wínchester ín any civil or criminal proceeding except if statements
. made or information provided are found to be untruthful, the contents of those untruthf.ul
statements may be used against Mr. Wínchester, lf this issue arises, the parties agree the finai
determínation as to whether the contents of the proffer can be used against Mr. WÍnchester will
be made by a Court.

,

The parties further understand and agree that the State Attorney's Office may pursue a ny
investigative leads guggested by a:ny statements made or informatiori'þrovíded by Brian
Wínchester and rnay use the proffer testímony as the basis to pursue those leads, The State's
abilitr¡ to pursue investigãtíve leads suggested by Erian Winchester and use his statements to
pursue those leads does not þrovide the State with the abllity to use that ínformation or the
fruits of that search warrant against hiin,.See Paragraph 8.

8,

The State of Florida âgrees to provided Brain Wínchester with use immunity. Use immunity
símply forbids the testímony given under the immunity grant to be used against the witness in

7

a

9,

ny crimina I prosecutlon of that

lvitness,.

:

..r.

The State of Florida agrees to provided Brain Winchester with derivative use immunity.
Derivative use refers to the use of the fruits of a witness's testirnony in a subsequent
investigation, Urider a grant of derivative-use immunity, if a witness's compelled or proffer
testirnony leads to evidence of the commlssion of the crime in question oranothercrime, the
witness cannot be prosecuted for those crimes unless the prosecution can affirmatively prove
that the evidence that it proposes to use is derived from a legitimate source wholly lndependent

of the compelled or proffered testimony.

10, ln exchange for his proffer, the State of Florida agrees to provide Brian Winchester with the
protections provided by 5 914.04, Fla. Stat.
11-.

lnreturnfortheState'sagreementtohearandconsiderhisproffer,BrianWinchester
understands that if he is ever a witness in any civil or criminal proceeding and his test¡mony
contradlcts statements made during the proffer, the State may introduce Brian Winchester's
statements which coniladict the testimony at the proceeding to lmpeach his testimony in that
p

roceeding.

L2, Brian Winchester has discussed thís waiver with his counsel and rnakes this waiver knowingfy,
voluntarily, a nd intellÍgently,

Respectfully,
Jack Campbell

State Attorney

/s/James A. Rosers

 il,

'

¡rl¡

Assista nt State

Attorney

I have read every word of the foregoing letter and lts meaning has been fully explained to rne.by
my
attornèy. Afterconsultatlon with my attorney, I understand and agreeto the contents of this letter.

lo- v-/J
Date

/0lrh7
t

o*e

Tfm Jansen

Attorney for the Defendant