VISTA, Calif. – A decide declared a mistrial Tuesday on the eight remaining prison prices towards Kellen Winslow II, a day after a jury returned three responsible verdicts towards the previous NFL star that nonetheless might ship him to jail for as much as 9 years.
San Diego County Superior Courtroom Decide Blaine Bowman decided the jury was “hopelessly deadlocked” and couldn’t attain a verdict on these remaining prices in a trial involving 5 alleged victims, together with three who had accused Winslow of rape.
Nevertheless it was shut, and the stakes stay excessive for Winslow, who earned about $40 million within the NFL from 2004 to 2013. A brand new trial on these eight prices might come later this yr. By various vote margins, the jury favored conviction on every of them, together with two prices of felony rape, however couldn’t agree unanimously as required by California legislation.
A brand new trial date may very well be set as quickly as Friday. No sentencing date has been set.
“Clearly this case will not be over,” stated Brian Watkins, one in every of Winslow’s lawyer. “We’ll proceed to litigate this case till our consumer is exonerated.”
The mistrial nonetheless may very well be thought of a victory of types for Winslow, 35, who had confronted the potential of life in jail if convicted of all 12 prices right here in a courtroom about 35 miles north of downtown San Diego. As a substitute, he at the moment faces the potential of 9 years in jail for his three convictions and a retrial on the eight prices that hung the jury.
After deliberating for components of 5 days, the jury discovered him responsible Monday of three of the 12 charges, most importantly the felony rape of a 58-year-old homeless woman last year on the side of a road. Winslow faces as much as eight years in jail on that conviction and should register as a intercourse offender.
“He was shocked by that verdict,” stated Emily Bahr, one other lawyer for Winslow.
His different two convictions are for misdemeanor indecent publicity and misdemeanor lewd conduct, every involving totally different girls over 57 years previous. These prices carry a most time period of six months apiece. Winslow’s attorneys advised reporters they’ll attraction all three convictions.
The jury cleared him of 1 cost of misdemeanor lewd conduct involving a 77-year-old lady in a sizzling tub in February however couldn’t attain a unanimous determination on the others, although it favored guilt by a 10-2 margin on one felony rape cost, one felony sodomy cost and two different misdemeanor prices.
San Diego County prosecutor Dan Owens stated afterward that he was “personally glad” with the result. The choice to retry the eight deadlocked prices or drop them would come from his boss, San Diego County District Lawyer Summer season Stephan.
“Ten jurors did really feel very strongly that he had dedicated forcible sexual offenses towards multiple sufferer,” stated Owens, who tried the Winslow case for the federal government. “That will result in a lifetime jail time period, and that might be one other issue we might take into account very strongly in figuring out methods to proceed.”
The 12 mixed prices have been all a part of the identical trial involving 5 totally different alleged victims – three circumstances of rape and two circumstances involving lewd conduct and indecent publicity. All however one of many alleged incidents got here since March 2018.
The opposite case got here from 2003, when a girl, now 33, stated Winslow raped her when she was 17 and he was 19. The jury of eight males and 4 girls deadlocked on the 2 felony prices in her case however favored guilt by votes of 10-2 and Eight-Four.
In his protection, Winslow’s attorneys emphasised numerous inconsistencies and weaknesses with every of the alleged sufferer’s model of occasions. They urged the sex was consensual or the ladies have been mistaken or fabricating tales, presumably in pursuit of his wealth.
The technique appeared to have labored to a level. After a trial that spanned two weeks, the jury started deliberations final week and didn’t have a simple time with it.
One other lawyer for Winslow, Marc Carlos, stated the shortage of a unanimous verdict on eight of the fees indicated the jury had points with the credibility of the alleged victims.
“There’s a dispute as to the credibility of those witnesses, and that’s essential,” Carlos stated.
Not solely did the jury impasse on eight prices, however on Friday it despatched an uncommon word to Decide Bowman.
“The jurors may gain advantage from an evidence as to what being beneath oath means,” stated the word from Juror 6. “Moreover, how we must always comply with the legislation and never what we predict the legislation ought to imply.”
Bowman stated the jury declined to speak to the information media after he declared the mistrial.
Winslow, who has been in jail right here since March, pleaded not responsible to all prices and determined to not testify in his protection. Requested about that decision to not testify, Watkins stated “a whole lot of components went into it.”
“His life is on line,” Watkins stated. “It’s a really nerve-racking scenario.”
Here’s a breakdown of all of the counts Winslow confronted and the jury’s vote tally on the eight deadlocked prices, every of which favored Winslow’s guilt.
Jane Doe No. 1: She is 55 and said she was hitchhiking on March 17, 2018, when she said Winslow picked her up, drove her behind a shopping mall, pressured her to carry out oral intercourse and raped her in his automobile. DNA taken from her pants matched Winslow’s. However she was caught in a lie throughout her testimony when she stated she had been sober for 30 years. Winslow’s lawyer, Marc Carlos, identified she had been arrested a number of instances in recent times for public intoxication. He additionally emphasised that she didn’t scream or attempt to run for freedom when she had a transparent likelihood throughout her alleged kidnapping.
This case entails three felony counts: of kidnapping, pressured oral copulation and rape.
Depend 1 – Kidnapping (7-5)
Depend 2 – Forcible rape (7-5)
Depend three – Pressured oral copulation (7-5)
Jane Doe No. 2: She is a 59-year-old homeless lady who stated Winslow picked her as much as exit for espresso, however as a substitute drove her to a darkish place. Winslow allegedly raped her on the roadside and choked her in Could 2018. A combination of DNA discovered on her neck presumably included Winslow’s, based on testimony. Winslow’s protection workforce had identified within the trial that the person she recognized as Winslow beforehand supplied her $50 for intercourse, which she stated she declined.
This case entails two felony counts: rape and sodomy.
Depend Four – Forcible rape (Convicted. Most sentence: eight years)
Depend 5 – Forcible sodomy (10-2)
Jane Doe No. three: She is a 59-year-old neighbor of Winslow’s who was gardening in her entrance yard when she stated a person got here up from behind, pulled his pants down and uncovered himself to her in Could 2018. She testified that she didn’t take a look at the person’s face and subsequently didn’t determine Winslow in a lineup of six photographs or in courtroom. Nevertheless, she recognized the perpetrator as a black man with tattoos on his arms and a blue backpack, which matched Winslow’s description. GPS-based location knowledge additionally appeared to put him near her house on the time of the alleged incident, according to his verified account with Strava, a digital fitness application.
This case entails a single misdemeanor depend of indecent publicity.
Depend 6 – Indecent publicity, a misdemeanor (Convicted. Most sentence: six months)
Jane Doe No. Four: This lady, now 33, stated Winslow raped her at a celebration in June 2003 when she was 17 and Winslow was 19. She gave emotional testimony at trial about being unconscious after which regaining consciousness throughout her alleged rape, when she stated she advised Winslow to “cease, cease, cease.” The protection workforce pounced on alleged inconsistencies in her account, similar to whether or not the alleged rape occurred in a automotive or a home. Carlos additionally burdened she admitted to prior consensual intercourse with Winslow and urged that’s all that occurred. She stated she didn’t report her rape till final yr as a result of she didn’t assume anyone would consider her.
This case entails two felony counts: of rape and rape whereas unconscious.
Depend 7 – Forcible rape (10-2)
Depend Eight – Rape of an unconscious particular person (Eight-Four)
Jane Doe No. 5: This 78-year-old lady stated she had two disturbing encounters with Winslow at a Crunch Health in Carlsbad this previous February. The incident led to Winslow’s bail being revoked. In a single incident, she stated Winslow put his clothed erect penis in her face. Within the different incident, she stated he touched her arm and masturbated subsequent to her in a sizzling tub later that very same month. The protection workforce pointed on the market was one other man within the tub and that the girl didn’t see uncovered pores and skin or what he was doing precisely beneath the water’s opaque floor.
This case entails 4 misdemeanor counts: two counts of lewd conduct, elder abuse and elder battery.
Depend 9 – Lewd act in public (Convicted. Most sentence: six months)
Depend 10 – Lewd act in public (Acquitted)
Depend 11 – Elder abuse (10-2)
Depend 12 – Elder battery (10-2)
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