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. By varying counts, the jury favored conviction on the eight remaining charges but could not agree unanimously as required by California law.
A new trial date on the eight deadlocked charges could be set at a hearing scheduled for Friday. No sentencing date has been set.
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. Winslow faces up to eight years in prison on the rape conviction and must register as a sex offender, San Diego County prosecutor Dan Owens told reporters after the jury deadlocked.
"He was shocked by that verdict," Winslow attorney Emily Bahr said.
Winslow attorneys Marc Carlos and Brian Watkins told reporters they will appeal the three convictions, which included two misdemeanors: indecent exposure and lewd act in public. Those charges carry a maximum term of six months each.
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