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After Convicting Ex-NFLer For Raping Homeless Woman, Jury 'Hopelessly' Deadlocks On Remaining Charges
"Clearly this case is not over," said Barry Watkins, an attorney for Kellen Winslow Jr., after a mistrial was declared on a number of charges, including two additional rapes.
One day after former NFL player Kellen Winslow Jr. was convicted of rape, a mistrial was declared as the jury was unable to reach a conclusion about eight remaining charges.
San Diego County Superior Court Judge Blaine Bowman described the jury as "hopelessly deadlocked" on May 11 as they struggled to unanimously agree to convict Winslow of several crimes. Winslow had faced accusations about a wide range of sexual misconduct from five different women. Three of them accused him of felony rape.
Although the juries leaned towards convicting Winslow on the eight remaining charges, California courts require unanimous agreement for a conviction, according to USA Today.
Winslow will face a new trial in the future, possibly before the end of 2019.
Winslow Jr. was found guilty of raping a 58-year-old homeless woman he'd invited for coffee in Encinitas, California, according to The Associated Press. The second accusation of rape was made by a 54-year-old hitchhiker who said non-consensual sex occurred in Winslow's Hummer, which had been parked at a shopping center in Encinitas in March 2018. The third felony charge stems from a woman who has accused him of raping her while she was unconscious at a San Diego party in 2003. She made the accusation after he had been arrested in the first two cases. He was 19 years old at the time of that alleged crime; she was 17.
The other charges pertain to separate incidents in which Winslow allegedly exposed and touched himself. A 57-year-old woman says Winslow showed her his penis while she gardened at her home in Encinitas, California in May of 2018.
Additionally, a 77-year-old woman said Winslow masturbated in front of her at a gym in Carlsbad, California while Winslow was free on $2 million bail in February of this year. Yesterday, he was cleared of one charge stemming from this alleged incident.
Brian Watkins, one of Winslow's attorney, vowed to continue to fight for his client.
"Clearly this case is not over," said Watkins, according to USA Today. "We will continue to litigate this case until our client is exonerated."
San Diego County prosecutor Dan Owens was not bothered by the mistrial.
"Ten jurors did feel very strongly that he had committed forcible sexual offenses against more than one victim," said Owens. "That would lead to a lifetime prison term, and that will be another factor we would consider very strongly in determining how to proceed."
Defense attorneys argued that the women had been seeking money from the wealthy athlete and that the sexual encounters were consensual. All five of the women said they were unaware of Winslow's fame when they met him. Prosecutors argued that DNA evidence and GPS data implicate him in the crimes.
Jurors had previously hinted at their uneasiness with the process, sending a note to the judge on May 7 asking for clarification.
“The jurors could benefit from an explanation as to what being under oath means,” read the note from Juror 6. “Additionally, how we should follow the law and not what we think the law should mean.”
All members of the jury have declined to speak about the case.
Winslow had not taken the stand during the entirety of the trial. He has not yet been sentenced for the three charges on which he had been found guilty. He potentially faces nine years in prison stemming from the convictions for rape, indecent exposure, and lewd conduct.
Winslow had been arrested at his home in Encinitas, California in June of 2018, according to CNN. He was released after posting $2 million bail one month later. Then, in March, his bail was revoked as police accused him of two more crimes pertaining to the incident with the 77-year-old woman.
Winslow Jr. is the son of Kellen Winslow, a Hall of Fame football player. Winslow Jr. played at the University of Miami before spending 10 years in the NFL. He played mostly for the Cleveland Browns and Tampa Bay Buccaneers. He was at one point the highest paid athlete in the NFL, according to NBC News.
