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VISTA, Calif. (KGTV) -- The San Diego District Attorney is expected to decide later this week whether there should be a new trial in the case of Kellen Winslow Junior.Tuesday morning, the judge declared a mistrial after the jury said it was deadlocked on eight remaining counts. The counts include kidnapping, forcible rape and forcible oral copulation involving a hitchhiker last year in Encinitas and forcible rape and rape of an unconscious person for an alleged attack on a teenager at a party in Scripps Ranch back in 2003 when she was 17 and Winslow was 19. The other counts the jury deadlocked on are willful cruelty to an elder and battery against an elder. The prosecutor said the jurors were leaning toward conviction. "On each one of the counts, there were a majority of jurors who voted in favor of guilt. They voted 10-2 in favor of guilt on forcible sodomy of Jane Doe 2. They voted 10-2 in favor of guilt for the forcible rape of Jane Doe 4. They voted 10-2 in favor of guilt on the counts of elder abuse and elder battery regarding Jane Doe 5 and then they voted 8-4 in favor of guilt on the rape of an unconscious person for Jane Doe 4 and they voted 7-5 in favor of guilt on the kidnap for rape, forcible oral copulation and and forcible rape of Jane Doe 1," said Prosecutor Dan Owens. Defense attorneys said the deadlocked jury shows there were credibility issues among the accusers. RELATED: Winslow II found guilty of rape, lewd conduct, indecent exposure"Credibility is the issue in this case. There was no corroborating evidence whatsoever, it's just people's word," said defense attorney Brian Watkins. The case involved 12 counts and the testimony of 5 women."We were always concerned about trying the cases together. Our position was always that these cases would not be able to stand alone. We fought to keep the cases separate. We lost that battle. We took on all these cases at once and we still prevailed to the point that we did not get convicted of everything and we have more litigation to do," said Watkins. Monday afternoon, the jury convicted Winslow of raping a 58-year-old homeless woman in Encinitas last year. Jurors also found the former NFL tight end guilty of indecent exposure and lewd conduct involving two other women. He was acquitted of a second count of lewd conduct involving one of those women. Watkins said they'll appeal the three convictions. "We won't be satisfied until he's exonerated and he's back home with his family," said Watkins. RELATED: Jurors request clarifications from judge as Winslow deliberations continueWinslow is facing 9 years in prison on the convictions, but if he had been convicted of raping more than one woman he could've been sentenced to life in prison. "Right now, he's facing eight years in state prison, life time sex offender registration for the forcible rape of Jane Doe 2. He'd be facing an additional 6 months for each 1 of the misdemeanor counts of indecent exposure and lewd acts committed against Jane Does 3 and 5, for a total of potentially 9 years in prison," said Owens. Sentencing is on hold until a decision is made about a new trial. Winslow's father, Kellen Winslow Senior, a Chargers Hall of Famer attended every day of the trial, but declined to talk to the media. A hearing is scheduled for 10 a.m. Friday on setting a new trial. "Ten jurors did feel very strongly that he had committed forcible sexual offenses against more than one victim, that would lead to a lifetime prison term and that will be another factor we will consider very strongly in determining how to proceed with the case," said Owens. 3618

VISTA, Calif. (KGTV) -- The Federal Bureau of Investigation and the San Diego Sheriff's Department need your help identifying the man responsible for an attempted bank robbery on the 1700 block of University Drive. The man entered the Bank of America on Thursday around 1:30 p.m., pulling his gray, hooded sweatshirt over his head he approached the teller and handed over a note demanding money. The robber was denied money and departed the bank on foot. The investigation indicates the man may have used the “Sprinter” train to escape from the area. Witnesses have described the robber as follows:  622

WASHINGTON — The number of Americans seeking unemployment benefits fell slightly last week to 751,000, a still-historically high level that shows that many employers keep cutting jobs in the face of the accelerating pandemic. A surge in viral cases and Congress’ failure so far to provide more aid for struggling individuals and businesses are threatening to deepen Americans’ economic pain. Eight months after the pandemic flattened the economy, weekly jobless claims still point to a stream of layoffs. Before the virus struck in March, the weekly figure had remained below 300,000 for more than five straight years. 626

WASHINGTON (AP) — Democrats seized the House majority from President Donald Trump's Republican Party on Tuesday in a suburban revolt that threatened what's left of the president's governing agenda. But the GOP gained ground in the Senate and preserved key governorships, beating back a "blue wave" that never fully materialized.The mixed verdict in the first nationwide election of Trump's young presidency underscored the limits of his hardline immigration rhetoric in America's evolving political landscape, where college-educated voters in the nation's suburbs rejected his warnings of a migrant "invasion."Blue-collar voters and rural America embraced his aggressive talk and stances. The new Democratic House majority will end the Republican Party's dominance in Washington for the final two years of Trump's first term with major questions looming about health care, immigration and government spending.YOUR VOICE YOUR VOTE: 10News Election CoverageBut the Democrats' edge in the House is narrow. With 218 seats needed for a majority, Democrats have won 219 and the Republicans 193, with winners undetermined in 23 races.Trump was expected to address the results at a post-election news conference scheduled for midday Wednesday.The president's party will maintain control of the executive branch of the government, in addition to the Senate, but Democrats suddenly have a foothold that gives them subpoena power to probe deep into Trump's personal and professional missteps — and his long-withheld tax returns.RELATED: Balance of power in the U.S. House / Balance of power in the U.S. Senate"Tomorrow will be a new day in America," declared House Minority Leader Nancy Pelosi, who would be in line to become the next House speaker.It could have been a much bigger night for Democrats, who suffered stinging losses in Ohio and in Florida, where Trump-backed Republican Ron DeSantis ended Democrat Andrew Gillum's bid to become the state's first African-American governor.The 2018 elections also exposed an extraordinary political realignment in an electorate defined by race, gender, and education that could shape U.S. politics for years to come.The GOP's successes were fueled by a coalition that's decidedly older, whiter, more male and less likely to have college degrees. Democrats relied more upon women, people of color, young people and college graduates.Record diversity on the ballot may have helped drive turnout.Women won at least 85 seats in the House, a record. The House was also getting its first two Muslim women, Massachusetts elected its first black congresswoman, and Tennessee got its first female senator.Three candidates had hoped to become their states' first African-American governors, although just one — Georgia Democrat Stacey Abrams — was still in the running.Overall, women voted considerably more in favor of congressional Democratic candidates — with fewer than 4 in 10 voting for Republicans, according to VoteCast, a nationwide survey of more than 115,000 voters and about 20,000 nonvoters — conducted for The Associated Press by NORC at the University of Chicago.In suburban areas where key House races were decided, female voters skewed significantly toward Democrats by a nearly 10-point margin.Democrats celebrated a handful of victories in their "blue wall" Midwestern states, electing or re-electing governors in Michigan, Pennsylvania, Minnesota and in Wisconsin, where Scott Walker was defeated by state education chief Tony Evers.The road to a House majority ran through two dozen suburban districts Hillary Clinton won in 2016. Democrats flipped seats in suburban districts outside of Washington, Philadelphia, Miami, Chicago and Denver. Democrats also reclaimed a handful of blue-collar districts carried by both former President Barack Obama and Trump.The results were more mixed deeper into Trump country. In Kansas, Democrat Sharice Davids beat a GOP incumbent to become the first gay Native American woman elected to the House. But in Kentucky, one of the top Democratic recruits, retired Marine fighter pilot Amy McGrath, lost her bid to oust to three-term Rep. Andy Barr.Trump sought to take credit for retaining the GOP's Senate majority, even as the party's foothold in the House was slipping."Tremendous success tonight. Thank you to all!" Trump tweeted.History was working against the president in both the House and the Senate: The president's party has traditionally suffered deep losses in his first midterm election, and 2002 was the only midterm election in the past three decades when the party holding the White House gained Senate seats.Democrats' dreams of the Senate majority, always unlikely, were shattered after losses in top Senate battlegrounds: Indiana, Missouri, Tennessee, North Dakota and Texas.Some hurt worse than others.In Texas, Sen Ted Cruz staved off a tough challenge from Democrat Beto O'Rourke, whose record-smashing fundraising and celebrity have set off buzz he could be a credible 2020 White House contender.Trump encouraged voters to view the 2018 midterms as a referendum on his leadership, pointing proudly to the surging economy at his recent rallies.Nearly 40 percent of voters cast their ballots to express opposition to the president, according to AP VoteCast, the national survey of the electorate, while one-in-four said they voted to express support for Trump.Overall, 6 in 10 voters said the country was headed in the wrong direction, but roughly that same number described the national economy as excellent or good. Twenty-five percent described health care and immigration as the most important issues in the election.Nearly two-thirds said Trump was a reason for their vote.The president bet big on a xenophobic closing message, warning of an immigrant "invasion" that promised to spread violent crime and drugs across the nation. Several television networks, including the president's favorite Fox News Channel, yanked a Trump campaign advertisement off the air on the eve of the election, determining that its portrayal of a murderous immigrant went too far.One of Trump's most vocal defenders on immigration, Kansas Secretary of State Kris Kobach, lost his bid for governor.Kobach had built a national profile as an advocate of tough immigration policies and strict voter photo ID laws. He served as vice chairman of Trump's now-defunct commission on voter fraud.The president found partial success despite his current job approval, set at 40 percent by Gallup, the lowest at this point of any first-term president in the modern era. Both Barack Obama's and Bill Clinton's numbers were 5 points higher, and both suffered major midterm losses of 63 and 54 House seats respectively.Meanwhile, the close of the 2018 midterm season marked the unofficial opening of the next presidential contest.Several ambitious Democrats easily won re-election, including presidential prospects Bernie Sanders of Vermont, Elizabeth Warren of Massachusetts and Kirsten Gillibrand of New York. A handful of others played outsized roles in their parties' midterm campaigns, though not as candidates, and were reluctant to telegraph their 2020 intentions before the 2018 fight was decided. They included New Jersey Sen. Cory Booker, California Sen. Kamala Harris, former New York City Mayor Michael Bloomberg and former Vice President Joe Biden.Said Warren: "This resistance began with women and it is being led by women tonight." 7435

WASHINGTON (AP) — An arcane battle over emergency Federal Reserve powers is frustrating efforts to lock down an agreement on an almost trillion COVID-19 economic relief package. The impasse is just the latest stumble in a partisan, monthslong battle over COVID-19 relief, and feelings hardened as the Senate congregated for a weekend session. Lawmakers on both sides said the sticking point was a provision by Republican Sen. Pat Toomey of Pennsylvania that would curb emergency Federal Reserve powers. Republicans are insisting on the Toomey plan, while Democrats are adamantly against it. A compromise was proving elusive. 635