Judge declares a mistrial in rape case against ex-NFL player

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VISTA, Calif. -- The judge presiding over the case against ex-NFL player Kellen Winslow II declared a mistrial on Tuesday.

Following about a week of deliberations, the panel on Monday convicted Winslow of last May's rape of a 58-year-old homeless woman -- 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 -- Jane Doe 5 -- at a Carlsbad gym in February. The 35-year-old son of former San Diego Chargers legend Kellen Winslow was acquitted of committing lewd conduct 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 targeted last March in Encinitas, and a 17- year-old girl who was allegedly raped in 2003 at a Scripps Ranch house party.

A status conference will be held Friday morning to decide how the case should proceed and whether there will be a retrial on those counts.

Jurors on Monday afternoon told San Diego Superior Court Judge Blaine Bowman that they were deadlocked on the eight remaining counts, and Bowman instructed them to return Tuesday morning for further deliberations in hopes of a different outcome. But after about an hour behind closed doors, they informed the court that they remained hopelessly deadlocked, prompting Bowman declared a mistrial as to those counts.

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 Bail was revoked following his arrest in that case.

"Kellen Winslow took from these women what he wanted," Deputy District Attorney Dan Owens told the jury in his closing argument last week. "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.

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