VISTA, Calif. — A California choose declared a mistrial Tuesday on the eight remaining costs in opposition to former NFL participant Kellen Winslow Jr. after a jury convicted him of raping a 58-year-old homeless lady however couldn’t break a impasse over two counts of rape involving a 54-year-old hitchhiker and an unconscious teen.
Prosecutors didn’t instantly say whether or not they would retry the fees however agreed to return to court docket Friday to debate that possibility and probably set a brand new trial date.
Winslow, who performed for Cleveland, Tampa Bay, New England and the New York Jets, presently faces as much as 9 years in jail and should register as a intercourse offender.
The jury on Monday discovered him responsible of an assault final 12 months on the homeless lady in his picturesque seashore neighborhood of Encinitas, north of San Diego. Jurors additionally convicted him of two misdemeanors — indecent publicity and a lewd act in public — involving two different ladies.
The 35-year-old former tight finish — at one level one of many highest-paid gamers at his place within the NFL — may withstand life in jail if he’s retried and convicted of raping all three ladies.
After the San Diego County Superior Court docket despatched the jury house Tuesday, prosecutor Dan Owens instructed reporters nearly all of the 12 jurors believed Winslow was responsible of raping a couple of lady.
“Ten jurors did really feel very strongly that he had dedicated forcible sexual offenses in opposition to a couple of sufferer,” he mentioned. “That may result in a lifetime jail time period and that may be one other issue that we’d contemplate very strongly in figuring out how you can proceed with the case.”
Winslow’s attorneys indicated that they need him to be sentenced after the case is retried and that they plan to attraction three convictions.
Protection lawyer Emily Bahr mentioned Winslow was “shocked by that verdict” as was his household, together with his father, former Chargers icon and Corridor of Famer Kellen Winslow, who sat behind his son day-after-day of the trial.
“They’re upset in fact, dissatisfied by that end result however they know that the staff goes to maneuver ahead and proceed to struggle the case,” she mentioned.
The jury discovered him not responsible of 1 depend of a lewd act.
The jury of eight males and 4 ladies instructed the choose they have been hopelessly deadlocked on the opposite eight costs after they deliberated for 4 days.
All 5 ladies who got here ahead in opposition to Winslow testified throughout the trial. Winslow didn’t take the stand.
Protection attorneys identified inconsistencies within the accusers’ testimonies and argued the ladies invented the allegations to prey on the wealth of Winslow, who reportedly earned over $40 million throughout his 10 seasons with the NFL.
The 5 ladies testified that they did not know Winslow was well-known after they met him.
Prosecutors mentioned Winslow felt empowered by his fame to abuse essentially the most susceptible.
The homeless lady in Encinitas, who was 58 on the time, testified that Winslow befriended her and attacked her subsequent to his car after inviting her for a espresso in Could 2018. Whereas the jury discovered him responsible of raping her, they remained deadlocked over a sodomy cost involving the girl.
If the case is retried, she may very well be referred to as to testify once more, which may imply the following jury may study of the conviction because it weighs the opposite rape circumstances.
A 54-year-old hitchhiker mentioned he drove her to an Encinitas buying heart car parking zone and raped her in his Hummer in March 2018.
A 57-year-old lady mentioned he uncovered himself to her whereas she tended to her backyard in Could 2018. The jury discovered him responsible of that cost Monday.
After information of the assaults broke, a girl got here ahead and mentioned Winslow had raped her when she was a 17-year-old highschool scholar in 2003. He was 19 on the time and had come house from school for the summer time.
A 77-year-old lady who went to the identical gymnasium as Winslow within the close by seashore neighborhood of Carlsbad mentioned he dedicated lewd acts in entrance of her, together with touching himself, whereas Winslow was free on $2 million bail in February. The jury discovered him responsible of touching himself in entrance of the girl whereas she exercised, however not responsible of committing a lewd act in entrance of her on a separate event within the gymnasium’s sizzling tub.
Protection legal professionals mentioned the intercourse was consensual and that Winslow had cheated on his spouse repeatedly with no-strings-attached intercourse.
Prosecutors mentioned the crux of the ladies’s tales hasn’t change and that proof included traces of Winslow’s DNA on one of many accuser’s pants and GPS places putting him the place the ladies mentioned the assaults occurred.