Above: Kellen Winslow II during trial in a Vista courtroom. Photo by Jacob Aere/The Coast News
ENCINITAS — Ex-NFL tight end Kellen Winslow II, who was convicted of forcible rape and misdemeanor indecent exposure and lewd conduct counts earlier this week, will be retried on charges involving two other alleged victims on which jurors deadlocked, prosecutors announced last week.
Jury selection is tentatively set for Sept. 30 at the Vista courthouse, with opening statements and testimony expected Oct. 7 in Winslow’s retrial on eight felony and misdemeanor counts, including forcible rape and kidnapping.
Following about a week of deliberations, jurors found Winslow guilty of raping a woman in Encinitas and exposing himself to two others.
The panelists indicated that they were leaning toward guilty verdicts on each count on which they were ultimately unable to reach a consensus, leading San Diego Superior Court Judge Blaine Bowman to declare a mistrial on those counts Tuesday morning.
Winslow was convicted of raping a 58-year-old homeless woman — Jane Doe 2 — last May, exposing himself the same month to Jane Doe 3, who was gardening in her front yard in Cardiff, and touching himself in front of a 77-year-old woman — Jane Doe 5 — at a Carlsbad gym in February. He faces nine years in prison on those three counts.
The 35-year-old son of former San Diego Chargers legend Kellen Winslow was acquitted of masturbating in front of Jane Doe 5 on a separate occasion.
The jury was unable to reach consensus on rape and kidnapping charges involving a 54-year-old hitchhiker allegedly targeted last March in Encinitas, and a 17-year-old girl who was allegedly raped in 2003 at a Scripps Ranch house party.
Winslow was initially charged last summer with raping Jane Doe 1 and 2 in Encinitas in early 2018, as well as exposing himself to Jane Doe 3 in her yard. Following his highly publicized arrest, Jane Doe 4 subsequently came forward to allege that he raped her in 2003 at a home in Scripps Ranch, when she was 17 and he was 19.
Earlier this year, while Winslow was out on bail, he was arrested for exposing himself to Jane Doe 5 at a Carlsbad gym. Bail was revoked following his arrest in that case.
At a hearing this morning, defense attorney Brian Watkins unsuccessfully argued Friday that Winslow should be released on $1 million bail, as the charge on which he was acquitted was the basis for revoking his bail earlier this year. But the judge ruled that Winslow will remain held without bail because he’s facing time in prison, making him a flight risk and “a substantial danger to the community.”
Winslow is due back in court on Aug. 14 for a hearing on pretrial motions.
In his closing argument last week, Deputy District Attorney Dan Owens told the jury that Winslow “took from these women what he wanted. Kellen Winslow took from these women again and again and again. This man took what he wanted from them and threw them away like trash because that’s what he thought of them.”
Owens said none of the five women knew each other, yet their accounts yielded common details and similar physical descriptions of the suspect.
Winslow’s attorneys, Marc Carlos and Brian Watkins, told the jury that the charged incidents were either consensual sex or never occurred at all.
Winslow II grew up in San Diego and attended Patrick Henry and Scripps Ranch high schools before heading to the University of Miami. He played for four NFL teams between 2004 and 2013.