Just as a rape retrial was set to get underway for Kellen Winslow II, the defendant and his counsel entered a change of plea on Monday. As part of a plea agreement, Winslow II agreed to plead guilty to two charges and will be sentenced to a minimum of 12 years and a maximum of 18 years, according to Judge Blaine Bowman.
Winslow II will be sentenced on Feb. 19, 2020. His previous convictions will stand, and as part of his plea deal, he cannot appeal them. All other pending charges that he was set to face in the second trial were dismissed by prosecutors in accordance with the deal reached.
In what would have been his second trial this year, the former NFL tight end Winslow II was facing eight charges and was accused of raping a woman in Encinitas last year and an unconscious teenager in Scripps Ranch in 2003. Monday morning, as opening statements were supposed to begin, the judge told the jury there were other pre-trial motions that needed to be taken care of before proceeding with the second trial.
Following the court’s recess, the judge announced that a change of plea was being entered. At that time Judge Bowman asked Winslow II several questions regarding the plea agreement reached. When it came time to waive his right to a jury trial the defendant seemed to hesitate and asked for more time. He was given a few additional minutes before court resumed.
Judge Bowman then went through the two charges Winslow had agreed to plead guilty to. The first was a charge of rape of an unconscious person stemming from the assault on Jane Doe #4 in 2003. Winslow pleaded guilty to having non-consensual sex with the girl. He was 19 at the time and she was 17 years old.
RELATED: Jury finds Kellen Winslow II guilty on 1 rape charge, judge declares mistrial on remaining 8 charges
The second charge Winslow plead guilty to was a new count added for the purpose of the plea agreement. The charge was for felony sexual battery of a 54-year-old hitchhiker known as Jane Doe #1. He admitted in court to touching her private areas while she was unlawfully restrained.
Following the guilty pleas, Judge Bowman brought the jury in to explain what had occurred and dismissed them from service.
In addition to pleading guilty to two charges, Winslow’s plea agreement also means he waives the right to appeal his previous convictions from the first trial he faced earlier this year.
The 36-year-old was convicted in June of forcible rape and misdemeanor indecent exposure and lewd conduct counts involving three women, but jurors deadlocked on other charges stemming from the rape of Jane Doe 1 in Encinitas last year, as well as the 2003 rape of Jane Doe 4 at a Scripps Ranch house party. Those convictions carried a maximum sentence of nine years.
Winslow was convicted of raping a 58-year-old homeless woman - Jane Doe 2 - last May, exposing himself later that month to Jane Doe 3, who was gardening in her front yard in Cardiff, and touching himself in front of a 77-year-old woman - Jane Doe 5 - at a Carlsbad gym in February. He was acquitted of masturbating in front of Jane Doe 5 on a separate occasion. Winslow was out on bail when he was arrested for exposing himself to Jane Doe 5. Bail was revoked following his arrest in that case.
Winslow was initially charged last summer with raping Jane Doe 1 and 2, as well as exposing himself to Jane Doe 3. Following his highly publicized arrest, Jane Doe 4 subsequently came forward to allege that he raped her when she was 17 and he was 19.
As a result of the plea agreement, Winslow has now been convicted or plead guilty to at least one charge against each of the five victims.
Following Monday’s court proceedings, San Diego Deputy District Attorney Dan Owens spoke to reporters saying that plea agreement was appropriate based on the evidence. He said that the mistrial earlier in the year factored into the decision by prosecutors to enter into the agreement in order to get a guilty plea and double the time he could spend in jail.
Two of Winslow’s attorneys also spoke outside of court. Lawyers Gretchen von Helms and Marc Carlos indicated that evidence related to Winslow’s NFL head injuries resulting in frontal lobe damage to his brain will be brought up during sentencing. His counsel said they were unable to present evidence of their client’s brain damage during the trial but said it will be admissible during the sentencing phase.
Winslow could receive time credits for good behavior but must serve at least 85% of the sentence he receives, according to his lawyers.
Owens said that Winslow’s previous convictions will be considered at the time of his sentencing. The deputy DA said that Winslow will be a mandatory lifetime sexual offender registrant.
Winslow II will be held without bail until his sentencing on Feb. 19, 2020 where he faces 12 – 18 years.
The jury for the retrial was selected last week. More than 160 jurors appeared before Judge Bowman and were questioned about any hardship or media coverage they may have seen of the high-profile case and whether it would affect their ability to remain impartial, according to The San Diego Union-Tribune.
The eight counts Winslow II was set to be retried on included:
Kidnapping
Two counts of forcible rape
Forcible oral copulation
Sodomy by use of force
Rape of an unconscious person
Elder abuse
Battery against an elder
Winslow faced up to nine years in prison on his convictions from June – eight years for the forcible rape and six months each for the lewd conduct and indecent exposure convictions. If he was found guilty of the remaining charges at retrial, he would have faced up to life in prison.
Kellen Winslow II was once the highest paid tight end in the NFL and played for teams including the Cleveland Browns, Seattle Seahawks and New England Patriots. He is also the son of former San Diego Chargers player Kellen Winslow I.