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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

WASHINGTON — President Donald Trump says the Food and Drug Administration has issued an emergency use authorization for convalescent plasma to treat COVID-19 patients.WATCH PRESS CONFERENCE:Trump, announcing the decision Sunday at the White House, called convalescent plasma a “powerful therapy.” He says the FDA’s action will expand access to the treatment, which is already being used. The treatment involves transferring antibodies from recovered COVID-19 patients to patients suffering from the disease.On Sunday, Trump said the administration have provided million to fund the Mayo Clinic study that studied the efficiency in patients that have the virus."Through this study, over 100,000 Americans have already enrolled to receive this treatment, and it is proven to reduce mortality by 35%," Trump said. "It's a tremendous number. The FDA, M.I.T., Harvard, and Mount Sinai Hospital have also found convalescent plasma to be a very effective method of fighting this horrible disease. Based on the science and the data, the FDA has made the independent determination that the treatment is safe and very effective."Trump also announced the administration provided up to 0 million to the American Red Cross and America's blood centers to support the collection of up to 360,000 units of plasma.Department of Health and Human Services Secretary Alex Azar said that patients with the virus who were treated within three days of being diagnoses benefited the most from the treatment."We saw about a 35% under survival in the patients who benefited most from the treatment, who were patients under 80 and not on artificial respiration," Azar said.The announcement follows days of suggestions by White House officials of politically motivated delays by the FDA in approving a vaccine and treatments for the disease caused by the coronavirus.Trump made the announcement on the eve of the Republican National Convention that will nominate him to run against Democrat Joe Biden. 1988

Walking into an emergency room near her home in Houston, Texas, Laurie Delgatto-Whitten knew the COVID-19 test she was there for would be far from pleasant, but little did she know the surprise bill she'd receive in the mail weeks later would prove to be almost as painful."It was a just a quick swab; it lasted maybe two minutes and that was it," she recalled.Delgatto-Whitten got her COVID-19 test on May 18 and eventually received her negative test results about 10 days later. Then, in early June, she got a statement in the mail from her insurance company. Her bill totaled ,165.92."I mean, I think it’s a total scam and in the midst of a pandemic, it’s even worse," she added.However, under the CARES Act passed by Congress, COVID-19 tests are legally mandated to be covered. Over the past few months, though, some Americans have discovered flaws in the legislation. Because Delgatto-Whitten had already met her deductible, she personally didn't owe any money. But it's the principle of her insurance company agreeing to pay that astronomical bill that causes her deep concern."In the long run any cost insurance companies are taking on, they’re going to pass onto you. They’re going to be passed on to me," she said.Healthcare advocate Michelle Johnson is concerned stories like Delgatto-Whitten’s will deter other Americans from getting tested at a time with the virus is still spreading rapidly across the country."If people think it’s going to cost money to go get a test they just won’t do it," Johnson said.Johnson's advice is to request an itemized bill for any COVID-19 related procedures you might undergo. Aside from contacting your insurance company Johnson says to call your elected officials and let them know what's happening."The only solution is for elected officials to step up and do their job," she added. 1840

WASHINGTON — Vandalism at four downtown Washington churches after rallies in support of President Donald Trump is exposing rifts among people of faith as the nation confronts bitter post-election political divisions. The houses of worship that were vandalized included two historically Black churches where people ripped down Black Lives Matter banners. Video posted to social media showed one banner being burned, defacement that police say is being investigated as possible hate crimes. Rev. Dr. Ianther Mills, the senior pastor at Asbury United Methodist Church, compared the vandalism of the banners to a cross burning in a statement released on Sunday. On Monday, she said she hoped evangelical Christians condemn the vandalism, but added that she didn't want to make her statements about politics.At the Mount Vernon Place United Methodist Church nearby, a banner with colors supporting LGBTQ rights was slashed by protesters.“People need to denounce it and call it an act of racial violence,” Claycomb Sokol told The Associated Press. “People who have been really quick to be silent need to wrestle with what actually took place on our streets on Saturday, and how silence can actually be a sign of support, of complicity.”The vandalism also raised questions among some pastors and members at the churches about why more fellow Christians were not speaking out against the incidents. 1398

VISTA, Calif. (KGTV) — Two brothers are behind bars after deputies say they got into a road rage incident and robbed a driver in Vista.On Tuesday, just before 9:30 a.m. near the 1300 block of Melrose Way, San Diego Sheriff's Department says Matthew, 29, and John, 23, Giordano were driving in a lifted grey Silverado pick-up truck. Deputies say for some reason, Matthew became angry and began to follow another vehicle and displayed a weapon to the driver.At one point, the truck cut off the driver and came to a stop, deputies say.Deputies said Matthew got out of his truck and started punching the driver's side window. Once the driver opened the door, Matthew took about ,000 worth of jewelry and money from the driver, deputies added.During the confrontation, John used a metal tool to smash the driver's windshield and the windshield of a second car not involved in the original incident, deputies say. The brothers then drove off.One of the victims suffered minor injuries from broken glass. Damage to both cars was estimated between ,000 and ,000.SDSO investigators say they gathered enough evidence to serve a search warrant in the 1500 block of Sapphire Lane, where the Giordanos were arrested on several charges, including conspiracy and robbery. 1271