Mistrial declared on eight counts in Winslow Jr. trial
VISTA, Calif. — A California jury that convicted former NFL participant Kellen Winslow Jr. of raping a 58-year-old homeless lady was unable to interrupt a impasse on eight different counts Tuesday and a decide declared a mistrial on these expenses.
The decide earlier denied a protection movement to dismiss the undecided expenses involving the alleged rapes of a 54-year-old hitchhiker and an unconscious teen.
Prosecutors didn’t instantly say whether or not they would retry these expenses. Winslow at the moment faces as much as 9 years in jail. Conviction on all expenses may deliver a life sentence.
The San Diego County Superior Courtroom jury on Monday discovered Winslow responsible of an assault final 12 months on the homeless lady in Encinitas, north of San Diego. The jury additionally discovered the 35-year-old former tight finish responsible of indecent publicity and lewd conduct involving two different girls, however jurors discovered him not responsible of 1 rely of a lewd act.
The jury informed the court docket Monday that it was deadlocked on the opposite expenses, however the decide had ordered them to renew deliberations on Tuesday.
All 5 girls testified through the nine-day trial. Winslow, who performed for Cleveland, Tampa Bay, New England and the New York Jets, 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 within the NFL.
The 5 girls testified that they did not know Winslow was well-known once they met him.
Prosecutors mentioned Winslow — the son of Professional Soccer Corridor of Famer Kellen Winslow — felt empowered by his fame to abuse essentially the most susceptible. Prosecutor Dan Owens informed the jury of eight males and 4 girls that Winslow is a “wolf in sheep’s clothes.”
The homeless lady in Encinitas testified that Winslow befriended her and attacked her subsequent to his automobile after inviting her for a espresso in Might 2018.
The 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 Might 2018. The jury discovered him responsible of that cost Monday.
After information of the assaults broke, a lady 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 dwelling from school for the summer time.
A 77-year-old lady who went to the identical gymnasium as Winslow within the close by seaside 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 scorching tub.
Protection lawyer Marc Carlos questioned the credibility of the ladies’s claims, saying that they had lied, misconstrued issues or had been unable to initially determine Winslow accurately. Protection attorneys additionally 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 accusations did not 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.
Jurors on Friday despatched a notice to the decide indicating they had been struggling to succeed in settlement.
“The jurors may gain advantage from a proof as to what being underneath oath means,” the notice mentioned. “Moreover, how we should always observe the regulation and never what we predict the regulation means.”
The decide informed jurors that being underneath oath means telling the entire reality and that they need to observe the regulation how it’s written.