SAN DIEGO —
During a status conference for ex-NFL tight end Kellen Winslow II, the San Diego District Attorney's Office opted to retry the eight charges that deadlocked the jury earlier this week. The judge denied bail which means Winslow will remain in custody.
The eight counts Winslow II will be retried on include:
- Forcible Rape (2 counts)
- Forcible Oral Copulation
- Sodomy by Use of Force
- Rape of an Unconscious Person
- Elder Abuse
- Battery Against an Elder
Winslow was convicted earlier this week of raping a homeless woman in Encinitas, as well as exposing himself to two others, but jurors deadlocked on eight other counts.
The 35-year-old San Diego native Winslow II has been accused of rape, indecent exposure and lewd conduct by five women who all took the stand during his first trial. With jurors reaching verdicts on four charges but not on a remaining eight, San Diego Superior Court Judge Blaine Bowman declared a mistrial Tuesday morning.
Following about a week of deliberations, the panel on Monday convicted Winslow of last May's rape of a 58-year-old homeless woman identified at trial as Jane Doe 2; exposing himself to Jane Doe 3, who was gardening in her front yard in Cardiff last May; and touching himself in front of a 77-year-old woman known as Jane Doe 5 at a Carlsbad gym in February. He was acquitted of a second charge of lewd conduct related to a second incident involving Jane Doe 5.
The jury was unable to reach consensus on rape and kidnapping charges involving a 54-year-old hitchhiker who alleges Winslow targeted her last March in Encinitas, and a woman who says the defendant raped her when she was 17 and while she was unconscious in 2003.
Winslow faces up to nine years in prison on his current convictions – eight for the forcible rape and six months each for the lewd conduct and indecent exposure convictions. If he is re-tried and found guilty of the remaining charges, he could face life in prison.
Following the mistrial announcement Tuesday, lawyers for both sides held a press conference to address the media.