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Mistrial declared on remaining charges against Kellen Winslow

Kirby Lee-USA TODAY Sports
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Jurors in the Kellen Winslow sexual assault trial spent Tuesday Morning attempting to undo their deadlock on the remaining eight felony and misdemeanor counts against the former college and NFL star. However, in the end, the judge in the case finally agreed with them and declared a mistrial on the remaining charges.

Winslow was convicted on one count of rape and three other misdemeanor counts of lewd conduct by the jury on Monday. However, the formeman told the judge Monday that they were deadlocked (unable to reach unanimous verdict) on the other a charges. He elected to have the jurors go home and comeback refreshed in an attempt to resolve the other charges.

Tuesday morning, the foreman sent a note about an hour after re-deliberation began, saying that they were still hopelessly deadlocked. Then, Judge Blaine Bowman called them back into the courtroom and went through the procedure of polling each juror on each count in person before agreeing to declare the mistrial:

The polling of the anonymous jurors was damning for Winslow and his defense, as they had voted 7 to 5 convict him of raping Jane Doe #1 (a homeless woman in her 50s) and, then, 10 to 2 that he had sodomized Jane Doe #2 (another homeless woman in her late 50s). Monday the jurors convicted Winslow of raping Jane Doe #2.

The jurors were polled more and revealed that they had been deadlocked with a 10 to 2 vote that he had raped a now 33 year old, Jane Doe #4, who had been a 17 year old high school student in 2003.

San Diego County Prosecutors will now have the decision as to whether to retry Winslow on the deadlocked charges that have no verdict. They announced later Tuesday morning that they will make a decision on retrial by Friday.

Winslow is a former All American tight end from the Miami Hurricanes from 2001-03 and played 9 seasons in the NFL, including three with the Buccaneers from 2009-11. He was the sixth overall pick by the Browns in the 2004 draft and is the son of former Chargers great and Hall of Fame inductee, Kellen Winslow.

Obviously with a new trial and a new jury, the accusers will once again have to face Winslow and testify, as they did over the last month. That is something that sometimes accusers are reluctant to go through for a second time. And, therefore, it will obviously factor into the decisions that have to be made by the prosecution about moving forward or not.

Observers with experience in sentencing under California guidelines believe that Winslow will get at least 9 years for the rape conviction from Monday. He was facing life in prison if convicted on all of the 12 counts.

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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