Kellen Winslow II will be retried on rape charges

Prosecutors will retry Kellen Winslow II on the eight criminal charges left undecided earlier this week by the jury in the former NFL tight end’s first rape trial.

At a hearing in San Diego County Superior Court on Friday morning, Judge Blaine K. Bowman said jury selection for Winslow’s second trial will begin Sept. 30 and opening statements will be heard on Oct. 7.

Winslow was convicted Monday afternoon of the rape of a 58-year-old homeless woman by the side of a dimly lit Encinitas road in May 2018. The jury also found Winslow guilty of a pair of misdemeanors for exposing himself to a 58-year-old woman who was gardening in her front yard and for stroking himself in front of a 78-year-old woman in a Carlsbad health club.

The maximum penalty Winslow could serve for those convictions is nine years in prison. He’ll serve up to eight years for the forcible rape conviction and six months each for the indecent exposure and lewd conduct misdemeanors.

Winslow began the trial facing the possibility of life in prison without parole after being charged with seven felonies stemming from the alleged rape of three different women. The jury could not reach a unanimous verdict on eight of 12 counts against Winslow, but the majority of jurors voted in favor of guilt in each of the deadlocked verdicts.

They voted 10-2 in favor of convicting Winslow of forcible rape of a high school senior after a 2003 house party. And they voted 7-5 in favor of guilt on felony charges associated with the alleged 2018 rape of a 54-year-old unemployed woman Winslow picked up hitchhiking in Encinitas.

Kellen Winslow Jr. through his football career
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Kellen Winslow Jr. through his football career
University of Miami tight end Kellen Winslow Jr. (81) scores after getting past Florida A&M University defenders Levy Brown (11) and Shedrick Copeland (31) in the first quarter of their game in Miami, Florida, August 31, 2002. REUTERS/Colin Braley CB
University of Miami Hurricanes' tight end Kellen Winslow Jr. cannot hold on to a Derek Crudup pass in the second quarter against Syracuse at the Orange Bowl in Miami, Florida, November 15, 2003. Winslow was benched for the start of the game after several unsportsman-like penalties in his last game against Tennessee. REUTERS/Marc Serota MS/GAC
Miami-Florida's All-American tight-end Kellen Winslow, Jr., will forgo his senior year and enter the 2004 NFL draft, coach Larry Coker said on January 4, 2004. Winslow Jr., son of Hall of Famer Kellen Winslow, is pictured during the Orange Bowl game against the Florida State Seminoles in Miami, Florida, January 1, 2004. Winslow finished the season with a team-high 60 receptions for 605 yards but came under criticism for some of his remarks and antics. REUTERS/Marc Serota/Fuiles MS/SV
University of Miami tight end Kellen Winslow II holds up a Cleveland Browns jersey with NFL Commissioner Paul Tagliabue (L) after being selected by the Browns as the sixth overall pick in the 2004 NFL Draft at Madison Square Garden in New York, April 24, 2004. REUTERS/Chip East MS/GAC
Cleveland Browns wide receiver Kellen Winslow (80) chats with Kansas City Chiefs tight end Tony Gonzalez (88) after their NFL game at Cleveland Browns Stadium in Cleveland,Ohio December 3, 2006. Browns won on a field goal in overtime play, 31-28. REUTERS/Ron Kuntz (UNITED STATES)
Cleveland Browns tight end Kellen Winslow gets oxygen before playing the Arizona Cardinals in their NFL football game in Glendale, Arizona, December 2, 2007. REUTERS/Rick Scuteri (UNITED STATES)
Cleveland Browns Kellen Winslow (80) stiff arms Denver Broncos defender Marquand Manuel (33) during the third quarter of their NFL football game in Cleveland, Ohio November 6, 2008. REUTERS/Aaron Josefczyk (UNITED STATES)
Tampa Bay Buccaneers tight end Kellen Winslow (82) is tackled by Carolina Panthers safety Charles Godfrey (30) during the second half of an NFL football game in Charlotte, North Carolina, September 19, 2010. REUTERS/Chris Keane (UNITED STATES - Tags: SPORT FOOTBALL)
Tampa Bay Buccaneers tight end Kellen Winslow (R) runs past Washington Redskins defender DeAngelo Hall (L) as he scores the game-winning touchdown in the second half of their NFL football game in Landover, Maryland, December 12, 2010. REUTERS/Jonathan Ernst (UNITED STATES - Tags: SPORT FOOTBALL)
Tampa Bay Buccaneers tight end Kellen Winslow (82) breaks free from New Orleans Saints outside linebacker Scott Shanle (58) for a gain during their NFL football game in Tampa, Florida October 16, 2011. REUTERS/Pierre DuCharme (UNITED STATES - Tags: SPORT FOOTBALL)
Tampa Bay Buccaneers tight end Kellen Winslow (L) gets taken by New Orleans Saints' safety Malcolm Jenkins during their NFL football game at the Mercedes-Benz Superdome in New Orleans, Louisiana November 6, 2011. The Saints beat the Buccaneers 27-16. REUTERS/Dan Anderson (UNITED STATES - Tags: SPORT FOOTBALL)
Dec 29, 2013; Miami Gardens, FL, USA; New York Jets tight end Kellen Winslow (81) runs after a catch against the Miami Dolphins during the second half of the game at Sun Life Stadium. The Jets defeated Miami 20-7. Mandatory Credit: Brad Barr-USA TODAY Sports

Prosecutor Dan Owens hinted that his office would likely retry Winslow when he spoke to reporters on Tuesday after Bowman declared a mistrial on the eight deadlocked verdicts. Owens cited the potential to dramatically increase Winslow’s punishment if he can obtain unanimous verdicts in the remaining cases instead of majority ones.

“When a jury’s vote does favor guilt, that is a significant factor in considering whether or not to proceed with retrial,” Owens said Tuesday.

“Ten jurors did feel very strongly that he had committed forcible sexual offenses against more than one victim. That would lead to a lifetime prison term and that is a fact we will consider very strongly when considering how to proceed with the case.”

Defense attorneys argued that Winslow’s encounters with each of his alleged rape victims were consensual, seizing on the holes and inconsistencies in the accusers’ stories in hopes of providing the jury with reasonable doubt. In the aftermath of Tuesday’s outcome, defense attorney Brian Watkins promised to appeal the three guilty counts and portrayed the remaining deadlocked verdicts as symptoms of the weakness of the prosecution’s case.

“Clearly this case is not over,” Watkins said. “We will continue to litigate this case until our client is exonerated.”

During Friday’s hearing, Watkins asked Bowman to set bail for Winslow at $1 million with home detention upon the former tight end’s release from prison. Bowman declined, citing Winslow’s felony conviction and describing him as a “substantial danger to the community” and a “flight risk.”

“We do have a change of circumstance in this case, but it’s not favorable to the defendant,” Bowman said.

Winslow is the son of Kellen Winslow Sr., an NFL Hall of Fame tight end who remains a beloved figure in the San Diego area. The younger Winslow spent parts of 10 seasons in the NFL and at one point was the league’s highest-paid tight end.

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