clearn.png
Monday June 17th, 2019 1:30AM

Mistrial declared on remaining counts against ex-NFL player

By The Associated Press
Related Articles
  Contact Editor

VISTA, Calif. (AP) — A California judge declared a mistrial Tuesday on the remaining charges against former NFL player Kellen Winslow Jr. after a jury convicted him of raping a 58-year-old homeless woman but could not break a deadlock over two counts of rape involving a 54-year-old hitchhiker and an unconscious teen.

Prosecutors did not immediately say whether they would retry the eight undecided charges but agreed to return to court Friday to discuss that option and possibly set a new trial date.

Winslow, who played for Cleveland, Tampa Bay, New England and the New York Jets, currently faces up to nine years in prison and must register as a sex offender.

The jury on Monday found him guilty of an attack last year on the homeless woman in his picturesque beach community of Encinitas, north of San Diego. Jurors also convicted him of two misdemeanors — indecent exposure and a lewd act in public — involving two other women.

The 35-year-old former tight end — at one point one of the highest paid in the NFL — could face up to life in prison if he is retried and convicted of raping all three women.

After the San Diego County Superior Court sent the jury home Tuesday, prosecutor Dan Owens told reporters the majority of the 12 jurors believed Winslow was guilty of raping more than one woman.

"Ten jurors did feel very strongly that he had committed forcible sexual offenses against more than one victim," he said. "That would lead to a lifetime prison term and that would be another factor that we would consider very strongly in determining how to proceed with the case."

Winslow's attorneys indicated they want him to be sentenced after the case is retried and that they plan to appeal the convictions handed down Monday.

Defense lawyer Emily Bahr said Winslow was "shocked by that verdict" as was his family, including his father, former Chargers icon and Hall of Famer Kellen Winslow, who sat behind his son every day of the trial.

"They're upset of course, disappointed by that outcome but they know that the team is going to move forward and continue to fight the case," she said.

The jury found him not guilty of one count of a lewd act.

The jury of eight men and four women told the judge they were hopelessly deadlocked on the other eight charges after they deliberated for four days.

All five women testified during the trial. Winslow did not take the stand.

Defense attorneys said the sex was consensual and pointed out inconsistencies in the accusers' testimonies. They also argued the women invented the allegations to prey on the wealth of Winslow, who reportedly earned over $40 million during his 10 seasons with the NFL.

The five women testified that they didn't know Winslow was famous when they met him.

Prosecutors said Winslow felt empowered by his fame to abuse the most vulnerable.

The homeless woman in Encinitas, who was 58 at the time, testified that he befriended her and attacked her next to his vehicle after inviting her for a coffee in May 2018. While the jury found him guilty of raping her, they remained deadlocked over a sodomy charge.

If the case is retried, she could be called to testify again, which could mean the next jury could learn of the conviction as it weighs the other rape cases.

A 54-year-old hitchhiker said he drove her to an Encinitas shopping center parking lot and raped her in his Hummer in March 2018.

A 57-year-old woman said he exposed himself to her while she tended to her garden in May of 2018. The jury found him guilty of that charge Monday.

After news of the attacks broke, a woman came forward and said Winslow had raped her when she was a 17-year-old high school student in 2003. He was 19 at the time and had come home from college for the summer.

A 77-year-old woman who went to the same gym as Winslow in the nearby beach community of Carlsbad said he committed lewd acts in front of her while Winslow was free on $2 million bail in February. The jury found him guilty of touching himself in front of the woman while she exercised, but not guilty of committing a lewd act in front of her on a separate occasion in the gym's hot tub.

  • Associated Categories: U.S. News, Associated Press (AP), AP Sports, AP Online Football, AP National News, AP Online National News, Top U.S. News short headlines, Top General short headlines, AP Entertainment, APOnline Celebrity News, AP Sports - NFL
© Copyright 2019 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Building materials helped spread Grenfell fire, US suit says
A lawsuit filed in the U.S. says faulty building materials helped spread a devastating fire at London's Grenfell Tower in 2017
2:58PM ( 6 minutes ago )
Mistrial declared on remaining counts against ex-NFL player
A California judge has declared a mistrial on remaining counts against former NFL player Kellen Winslow Jr. after the jury that earlier convicted him of raping a homeless woman remained deadlocked on other charges
2:58PM ( 6 minutes ago )
Student convicted of campus attack accused in 2 more cases
A student who remained at West Virginia's Marshall University despite a conviction for a 2016 attack against a female student on campus is now facing charges of assaulting two more women
2:56PM ( 8 minutes ago )
Associated Press (AP)
David Ortiz undergoes more surgery in Boston after shooting
Former Red Sox slugger David Ortiz is recovering from exploratory surgery in Boston as investigators in his native Dominican Republic try to figure out who shot him and why
2:35PM ( 29 minutes ago )
Pucks and ponies abroad: Olczyk to work first Royal Ascot
Pucks and ponies abroad: Olczyk to work first Royal Ascot a week after Game 7 of Stanley Cup Final
2:10PM ( 54 minutes ago )
Jurors deliberate in trial of ex-dean who oversaw Nassar
Closing arguments are scheduled in the trial of a former medical school dean who had oversight of now-imprisoned former sports doctor Larry Nassar at Michigan State University
1:54PM ( 1 hour ago )
AP Sports
Jury convicts ex-NFL player of rape, mulls 8 other charges
Jury that convicted ex-NFL player Kellen Winslow Jr. of raping 58-year-old homeless woman ordered to return after deadlocking on 8 other charges, including 2 more counts of rape involving 54-year-old hitchhiker, unconscious teen
1:02AM ( 14 hours ago )
Ex-NFL player Kellen Winslow Jr. convicted of rape
Ex-NFL player Kellen Winslow Jr. convicted of raping 58-year-old homeless woman and lewd act, indecent exposure involving 2 other women; jury still deliberating other rape charges
8:57PM ( 18 hours ago )
Ex-NFL star Kellen Winslow Jr. convicted of rape
Ex-NFL star Kellen Winslow Jr. convicted of raping a 58-year-old homeless woman last year in San Diego County
7:22PM ( 19 hours ago )
AP Online Football
2020 candidate Pete Buttigieg lays out foreign policy vision
Democratic presidential candidate Pete Buttigieg wants to repeal the 2001 authorization for use of force in Iraq and Afghanistan, calling it a 'blank check' that has led to an 'endless war'
2:21PM ( 43 minutes ago )
Southern Baptists meet; sex abuse crisis tops agenda
The Southern Baptist Convention opens a national meeting expected to be dominated by discussion of a large-scale sex-abuse crisis
2:17PM ( 47 minutes ago )
In hot water? Study says warming may reduce sea life by 17%
A new study finds a warmer world may lose a billion tons of fish and other marine life by the end of the century
1:58PM ( 1 hour ago )
AP National News
GOP's Amash, impeachment supporter, quits conservative group
Lone Republican calling for President Donald Trump's impeachment has quit an influential caucus of House conservatives
12:44PM ( 2 hours ago )
Feisty Virginia primaries closely watched for national trend
Virginia's highly charged legislative primary elections are being closely watched as a possible political barometer for 2020 presidential election year
12:39PM ( 2 hours ago )
The Latest: Freed US resident blasts Iran over detention
U.S. permanent resident and Lebanese businessman who was released from Iran following several years imprisonment says he was subjected to "kidnapping, arbitrary detention and a show trial"
12:31PM ( 2 hours ago )
AP Online National News
Jon Stewart lashes out at Congress over 9/11 victims fund
Comedian Jon Stewart is scolding Congress for failing to ensure that a victims' compensation fund set up after the 9/11 attacks never runs out of money
12:45PM ( 2 hours ago )
Film academy sets 2021, 2022 Oscars date for late February
Film academy sets 2021 and 2022 Oscars dates for late February
12:38PM ( 2 hours ago )
Linda Fairstein condemns Netflix series on Central Park Five
Former "Central Park Five" prosecutor Fairstein condemns her portrayal in Netflix's 'When They See Us'
11:21AM ( 3 hours ago )
AP Entertainment
Court agrees to listen to Led Zeppelin in 'Stairway' appeal
"Stairway to Heaven" will get another hearing in copyright lawsuit
10:05PM ( 17 hours ago )
The Latest: Game 5 of NBA Finals brings out celebrities
The Latest: Game 5 of the NBA Finals brings out plenty of celebrities _ including 'The Great One'
8:54PM ( 18 hours ago )
Brother's death steered Kim Goldman toward life of service
Twenty-five years after O.J. Simpson was acquitted of killing her brother, Kim Goldman works with troubled teens, advocates for crime victims and continues to try to hold Simpson accountable.
2:57PM ( 1 day ago )
APOnline Celebrity News
Prosecutor: Criminal investigation of Chiefs' Hill inactive
Prosecutor no longer actively investigating a criminal case against Kansas City Chiefs wide receiver Tyreek Hill
2:32PM ( 4 days ago )
Binnington, Blues beat Bruins 2-1, lead Stanley Cup 3-2
Binnington, Blues beat Bruins 2-1, lead Cup final 3-2
12:42AM ( 4 days ago )
Police: Women vanish with Le'Veon Bell's jewelry worth $500K
Police: Jets running back Le'Veon Bell has more than $500K in jewelry stolen from his home
9:56AM ( 5 days ago )
AP Sports - NFL
Building materials helped spread Grenfell fire, US suit says
A lawsuit filed in the U.S. says faulty building materials helped spread a devastating fire at London's Grenfell Tower in 2017
2:58PM ( 7 minutes ago )
Student convicted of campus attack accused in 2 more cases
A student who remained at West Virginia's Marshall University despite a conviction for a 2016 attack against a female student on campus is now facing charges of assaulting two more women
2:56PM ( 8 minutes ago )
States sue to stop $26.5 billion Sprint-T-Mobile deal
A group of state attorneys general led by New York and California are filing a lawsuit to block T-Mobile's $26.5 billion bid for Sprint, citing consumer harm.
2:56PM ( 8 minutes ago )
Mom of slain children asks mercy for ex-husband in his trial
The mother of five children who were killed by their father has stunned a South Carolina courtroom by asking the jury to not sentence her ex-husband to death
2:56PM ( 8 minutes ago )
Former Bush, Reagan EPA heads caution on Trump rollbacks
Former Environmental Protection Agency heads from three Republican administrations are telling lawmakers they're concerned about the way the Trump administration is rolling back environmental protections
2:53PM ( 11 minutes ago )