Kellen Winslow II was recently charged with the rape of two transient women and a homeless community in San Diego is now shaken because of it.
VISTA, Calif. — Jurors in the rape trial of Kellen Winslow II found the former NFL star guilty Monday of sex-related crimes involving three different women over 57 years old, including the rape of a homeless woman on the side of a road in May 2018.
Winslow, 35, shook his head as the first verdict was read, a felony charge that could lead to eight years in prison. Winslow also was convicted of committing a lewd act in public involving a 77-year-old woman in February as well as pulling down his pants and exposing himself last year to another woman who is now 59. He was acquitted on a separate charge of committing a lewd act in public.
Winslow now faces a maximum of nine years in prison as a result of the guilty verdicts: eight years for rape and six months each for misdemeanor lewd conduct and indecent exposure. He will have to register as a sex offender upon his release from prison, a disturbing turn of events for a player who earned about $40 million in his NFL career from 2004 to 2013..
But the drama isn’t over yet. The jury of eight men and four women will continue to deliberate on eight other criminal charges against Winslow on Tuesday after telling the judge in a note Monday afternoon that they were deadlocked on them.
“Winslow and his defense team are likely praying for a mistrial on the remaining counts tonight,” said San Diego criminal defense attorney David P. Shapiro, who has been following the case but is not involved in it. “Assuming neither the court nor the (San Diego County District Attorney) does not dismiss the hung counts — and I do not think either will — I believe we will see the eight lingering counts tried again later this year.”
If the jury hangs on the remaining counts, it could be considered a victory of sorts for Winslow’s attorneys. Their client had faced the possibility of spending the rest of his life in prison if convicted of all 12 charges. Winslow’s attorney, Marc Carlos, already was advocating for the remaining counts to be declared deadlocked and hung.
San Diego County Superior Court Judge Blaine Bowman instead told the jury to come back Tuesday and continue deliberations.
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“I want you to think about if there’s anything possible the court can do in terms of focusing an area of law that might need clarification or if further argument from counsel might be helpful, or if you need additional instruction or a read-back (of testimony),” Bowman told the jury.
Jurors passed a note to the judge about 5 p.m. ET Monday notifying Bowman they had come to a decision on four of the 12 counts involving five different alleged victims — three women accusing him of rape and the two other cases of misdemeanor indecent exposure and lewd conduct. All but one of the women is 55 or older.
The jury had deliberated for more than 20 hours over parts of five days before notifying the court of the partial verdict.
Winslow, who pleaded not guilty, did not testify at the two-week trial. His attorneys declined comment Monday.
The rape conviction involved a woman identified in court as Jane Doe No. 2, age 59. The woman said Winslow picked her up to go out for coffee, but instead drove her to a dark place, raped her on the roadside and choked her in May 2018. A mixture of DNA found on her neck possibly included Winslow’s, according to testimony. Winslow’s defense team had pointed out in the trial that the man she identified as Winslow previously offered her $50 for sex, which she said she declined.
The jury hasn’t decided on the other felony charge related to Jane Doe No. 2 — an allegation of sodomy stemming from the same encounter.
Winslow’s conviction for misdemeanor indecent exposure involved Jane Doe No. 3, a 59-year-old neighbor of Winslow’s who was gardening in her front yard when she said a man came up from behind, pulled his pants down and exposed himself to her in May 2018.
The woman, who testified in court through a Vietnamese interpreter, said she did not look at the man’s face and therefore did not identify Winslow in a lineup of six photos or in court when she testified. She identified the perpetrator as a black man with tattoos on his arms and a blue backpack, which matched Winslow’s description. GPS-based location data also appeared to place him close to her home at the time of the alleged incident, according to his verified account with Strava, a digital fitness application.
Winslow’s conviction for committing a lewd act in public involved Jane Doe No. 5, now 78 years old, who said she had two disturbing encounters with Winslow at a fitness club in nearby Carlsbad this past February. Both came when Winslow was out on bail for the other charges.
In the first incident, she said he put his clothed erect penis in her face – the lewd act for which Winslow was found guilty Monday.
The jury acquitted Winslow on a separate, second charge of committing a lewd act in public later that same month. In that incident, the same woman said Winslow had masturbated next to her in a hot tub at the same gym. The defense team pointed out there was another man in the tub and that the woman didn’t see exposed skin or what he was doing exactly under the water’s opaque surface.
Jurors have not made decisions on the elder battery and abuse charges involving the same woman, both misdemeanors.
Winslow was selected sixth overall in the 2004 NFL draft after playing college football at the University of Miami. His father of the same name is a Pro Football Hall of Famer who played for the San Diego Chargers in the 1980s. The elder Winslow attended the trial every day dressed in a suit, seated a few feet behind his son, who has been incarcerated here since March.
Follow sports reporter Schrotenboer @Schrotenboer. E-mail: firstname.lastname@example.org