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Mistrial declared on remaining charges against Kellen Winslow

Florida Football Insiders

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Kirby Lee-USA TODAY Sports

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.

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