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Jury finds Winslow guilty on some charges- deadlocked on others

Kirby Lee-USA TODAY Sports
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The jury in the Kellen Winslow II sexual assault trial in San Diego, California, has returned four guilty verdicts, including one of felony rape, while remaining deadlocked on the other eight charges against the former Hurricanes and Buccaneers star Monday afternoon.

Yahoo sports senior writer and columnist Dan Wetzel has been covering the trial throughout the last three weeks and had the latest:

The jury agreed that son of the former Hall of Famer with the same name raped a 58 year old homeless woman known as “Jane Doe #2.” They also have convicted Winslow of three other counts of lewd conduct, involving two other “Jane Does,” which are misdemeanors.

The jury remains deadlocked on the other two most serious allegations of felony rape by another homeless woman in her 50s and a now 33 year old woman, who says that she was seventeen at the time that Winslow raped her in 2003. The jury had been deliberating, since last Tuesday.

Winslow is currently facing up to 15 years in prison on the single felony rape conviction. If the jury is hopelessly deadlocked on the other charges, then a mistrial will be declared on those. That means San Diego County Prosecutors will still have the option to re-file and try again, with another jury to get convictions on most, or all, of the remaining charges.

As this Court TV video showed earlier Monday, Winslow looked stunned at the jury as the rape conviction was read:

Late Monday afternoon Pacific time, the judge ordered the jury to resume their deliberations Tuesday morning on the remaining eight charges.

Winslow played for the Hurricanes from 2001 through 2003. He earned All-American honors and the John Mackey Award for the nation’s top tight end in his final season. He was the sixth overall pick of the Browns in the 2004 draft, where he reunited with the coach that recruited him and coached him originally at Miami, Butch Davis.

After his rookie season Winslow suffered a horrific knee and leg injuries in a motorcycle accident in a Cleveland suburb mall parking lot. He was unable to play in the 2005 season, because of the injuries.

Winslow played three more seasons for the Browns before being traded in the 2009 offseason to the Tampa Bay Buccaneers. In exchange for a second and fifth round picks, the Bucs acquired Winslow and gave him, at that time, the largest contract for a tight end in NFL history with $36 million over six seasons.

In his first season in Tampa Bay he set the Bucs single season tight end receiving record with 77 catches and 884 yards. He led the team in receptions again in 2010, as the Bucs finished 10-6 and missed the playoffs on a tiebreaker. In his final Buccaneers season of 2011 Winslow finished with 75 receptions in a dismal 4-12 year.

Winslow was traded in the offseason of 2012 to the Seattle Seahawks, but they released him months later, when he refused to reduce his salary.

He bounced after that to the New England Patriots during 2012 and the New York Jets with his final season being 2013. With the Jets, he only started three games, and was also suspended that year for four games by the NFL for violating the League’s substance-abuse policy.

NFL

Florida Attorney General files appeal in Robert Kraft case

John David Mercer-USA TODAY Sports

The Florida Attorney General has appealed a lower court ruling throwing out the video in New England Patriots owner Robert Kraft solicitation of prostitution case from Palm Beach this past January.

Attorney General Ashley Moody’s office just beat the Tuesday night October 1st deadline to file with Florida’s Fourth District Court of Appeals on the previous lower court ruling.

The 50 page legal brief concludes that authorities in Palm Beach County were within their right to obtain video surveillance of Kraft and numerous others having sex acts performed on them during a five day period in January at the “Orchids of Asia” Day Spa in Jupiter, Florida.

Kraft, the 78 year old owner of the Patriots, was allegedly captured on video on back-to-back days engaging in the illegal sex acts.

The Boston Globe obtained the legal brief which quoted Moody’s office,

“Based on video captured by surveillance cameras police installed in the Spa pursuant to a warrant, Mr. Kraft’s guilt is a virtual certainty.”

Kraft lawyers were not available for comment on the appeal to the paper Wednesday morning.

Kraft’s defense team won the key ruling to suppress the video for his case with circuit Judge Robert Hanser. In May Hanser agreed that the so-called “Sneak-and-Peek warrant” that the police officials obtained did not take enough precautions to protect the privacy of those who were going into the massage parlor and receiving legitimate massages.

The five-day surveillance netted charges against 25 men on solicitation of prostitution and lewd and lascivious conduct. Numerous ones of them have already plead guilty.

Kraft, who has a home in Palm Beach, was in the day spa just hours before he flew to Kansas City for the Patriots overtime AFC Championship Game win against the Chiefs that put them into Super Bowl 53.

The legal brief asserts that Kraft was not entitled to argue to the court about the rights of all of the defendants or anyone else that was surveilled on the video. Instead, Moody’s office wrote,

“Mr. Kraft lacks standing to vicariously assert the Fourth Amendment rights of third parties … Second, in no event would Mr. Kraft be entitled to total suppression of all video in the case; rather, he would be entitled to suppress only the unlawfully seized videos, a class which would not include the video evidence of his own prostitution offenses.”

In other words, he is only allowed to argue about his own situation and Hanser ruled incorrectly on that point.

Kraft’s side now has 30 days to respond. The appeals court is expected to rule later this winter and if they do so in favor of the Attorney General and the prosecutors, then the video may end up being released to the public even before a trial.

That is because, as we have detailed throughout this process earlier this year, defendants in Florida caught under any type of video surveillance in alleged criminal acts are not exempt from having that video released, even if they have not been tried or convicted.

Numerous local and national media outlets filed with the Palm Beach County Court to have the video released and that case is also still pending because of Hanser’s previous May ruling.

More serious than they likely fine, community service, etc. that Kraft might receive as punishment, is the possible discipline from the NFL under the personal conduct policy.

That could include fines and suspension, but the NFL traditionally waits for legal proceedings to finish first.

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NFL

Dolphins at home- Jags and Bucs out West Sunday

Douglas DeFelice-USA TODAY Sports

Week number four in the NFL has two of the state teams on the road out West and the other hosting a West Coast team in South Florida.

We begin with the Dolphins, off to their most miserable start in franchise history at 0 – 3 and having been blown out at all three games. They will play host to the L.A. Chargers.

The Chargers are struggling themselves having lost their last two games, including to Houston last week at home. Miami will keep Josh Rosen in at quarterback, and he played adequately in Dallas, despite the team only kicking two field goals.

The Chargers will welcome back their starting Pro Bowl running back, Melvin Gordon, who has ended his 9-week holdout seeking a new contract. Gordon is only expected to play sparingly, if at all.

The Jaguars, off a win over the Titans 10 days ago on Thursday Night Football, travel to Mile High to take on the Broncos. The biggest question mark is: defensive back Jalen Ramsey, who has an ongoing soap opera with the team about whether he is going to be traded?

Ramsey also apparently has a back and hamstring injuries and is listed as questionable for the game. However, he did travel with the team and may be out there playing this afternoon.

The Jacksonville pass rush registered nine sacks on Tennessee in the home win and now will try to get after Joe Flacco Sunday afternoon. Meanwhile, rookie quarterback Gardner Minshew has developed a connection with second-year receiver D.J. Chark hitting him with a TD in each of the last two games. And we’ll see if his “Minshew Magic” with throws and occasionally his feet, can continue in a difficult place to play.

Finally, the Buccaneers travel farther out west to Los Angeles to take on the unbeaten Rams.

Tampa Bay is still reeling from giving up an 18-point lead at home to lose to the Giants. This included, getting into easy field goal range only to have kicker Matt Gay miss it with no time left.

Wide receiver Mike Evans had a tremendous game with 190 yards and three touchdowns. However, he will likely be locked up with Pro Bowl DB Aqib Talib, who was originally drafted by the Buccaneers in 2008.

And, as we wrote earlier this week, the Bucs must contend with the NFL Defensive Player of the Year in defensive tackle, Aaron Donald. Trying to slow him down/keep him out of QB Jameis Winston’s face will be big.

And, on offense, the Rams have a high-powered attack led by QB Jared Goff and RB Todd Gurley is already looking running early in this season.

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