Published 3:06 PM EDT Jun 11, 2019
VISTA, Calif. – A judge declared a mistrial Tuesday on the remaining charges in Kellen Winslow II's rape trial, a day after a jury returned three convictions that could send the former NFL star to prison for up to nine years.
San Diego County Superior Court Judge Blaine Bowman said the jurors were “hopelessly deadlocked” as he announced the mistrial.
The mistrial came a day after the jury announced it had found Winslow guilty of three of 12 charges, including felony rape of a homeless woman last year on the side of a road north of San Diego. The jury cleared him of one charge of misdemeanor lewd conduct but told the judge it remained deadlocked on the other eight counts until resuming deliberations Tuesday.
The 12 combined charges were all part of the same trial involving five different alleged victims – three cases of rape and two cases involving lewd conduct and indecent exposure. All but one of the alleged incidents came since March 2018.
The other case came from 2003, when a woman, now 33, said Winslow raped her when she was 17 and he was 19.
In his defense, Winslow’s attorneys emphasized various inconsistencies and weaknesses with each of the alleged victim’s version of events. They suggested the sex was consensual or the women were mistaken or fabricating stories, possibly in pursuit of his wealth.
The strategy seemed to have worked to a degree. After a trial that spanned two weeks, the jury began deliberations last week and didn’t have an easy time with it.
Not only did it deadlock on those counts, but on Friday it sent an unusual note to Judge Bowman.
“The jurors could benefit from an explanation as to what being under oath means,” said the note from Juror 6. “Additionally, how we should follow the law and not what we think the law should mean.”
Follow Brent Schrotenboer on Twitter @Schrotenboer and A.J. Perez @byajperez