A San Diego judge declared a mistrial Tuesday on the remaining charges against former NFL player Kellen Winslow Jr. after a jury convicted him of raping a 58-year-old homeless woman but could not break a deadlock over two counts of rape involving a 54-year-old hitchhiker and an unconscious teen.
Prosecutors did not immediately say whether they would retry the charges but agreed to return to court Friday to discuss that option and possibly set a new trial date.
Winslow, who played for Cleveland, Tampa Bay, New England and the New York Jets, currently faces up to nine years in prison and must register as a sex offender.
Less than two hours after returning to deliberations on eight remaining criminal counts in the trial of former NFL player Kellen Winslow, Jr., jurors sent a note to the judge declaring they were deadlocked.
Judge Blaine K. Bowman polled the jury regarding the split on the remaining counts and declared a mistrial on those counts.
"Ten jurors did feel very strongly that he had committed forcible sexual offenses against more than one victim," prosecutor Dan Owens said. "That would lead to a lifetime prison term and that would be another factor that we would consider very strongly in determining how to proceed with the case."
Winslow's attorneys indicated that they want him to be sentenced after the case is retried and that they plan to appeal three convictions.
Defense lawyer Emily Bahr said Winslow was "shocked by that verdict" as was his family, including his father, former Chargers icon and Hall of Famer Kellen Winslow, who sat behind his son every day of the trial.
"They're upset of course, disappointed by that outcome but they know that the team is going to move forward and continue to fight the case," she said.
On Monday, jurors convicted Winslow on count 4, rape by force or fear of Jane Doe 2; count 6, indecent exposure involving Jane Doe 3; and count 9, lewd conduct involving Jane Doe 5. Winslow was found not guilty of count 10, a second count of lewd conduct involving Jane Doe 5.
The jury deliberated for six days.
Jurors listened to several days of testimony from five different women who accused the former NFL player of sexual assault and indecent exposure from June 2003 to earlier this year.
Jane Doe 1 said she was raped when a man in an SUV stopped to pick her up as she was hitchhiking in Encinitas in March 2018.
Jane Doe 2 said a man in an SUV picked her up on Vulcan Avenue and raped along Manchester Avenue in May 2018.
Jane Doe 3 said a man exposed himself to her while she was gardening at a residence on Lake Drive in May 2018.
Jane Doe 4 said a man raped her while she was unconscious in a Scripps Ranch townhouse when she was 17 in June 2003.
Jane Doe 5 said a man exposed himself to her on two separate occasions at a Carlsbad gym and began masturbating in front of her in February 2019.
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Defense attorneys pointed out inconsistencies in the accusers' testimonies and argued the women invented the allegations to prey on the wealth of Winslow, who reportedly earned over $40 million during his 10 seasons with the NFL.
The five women testified that they didn't know Winslow was famous when they met him.
Prosecutors said Winslow felt empowered by his fame to abuse the most vulnerable.
A hearing Friday will help determine if prosecutors will seek a second trial on the remaining charges and will set a date for sentencing on the convictions.
To see a full timeline of events and accusations, click here.
