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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

VIRGINIA BEACH, Va. – The Juneteenth holiday is far from new. It’s been celebrated by African Americans in the country for years.“I actually didn’t learn about that until I was an adult, just in general conversation speaking with other people,” said Erica Parham.Parham is a product of the Hampton school division in Virginia Beach area.“I wasn’t taught that in school at all,” she adds.She wants to see change. Her boys, Jaxon and Sebastian, go to Kempsville Elementary School in Virginia Beach.“They knew about Fourth of July in day care,” but they were never taught about the day in 1865 when African American slaves found out they were free."I do believe that large parts of the Virginia Department of Education curriculum are inadequate to really tell the story of slavery and racism in Virginia,” said Brian Teucke.Teucke is an 8th grade civics teacher at Page Middle School and also the president of the Gloucester Education Association."There are huge gaps in our curriculum that need to be addressed, and [they] can be by enhancing the curriculum,” he adds.The Department of Education says new history textbooks and curriculum must correspond with the standards of learning, and revising the SOLs takes about two years, meaning it will take some time before Juneteenth makes it inside textbooks.The department encourages teachers to use online resources in the classroom. Teucke says he’s already doing that and is challenging other teachers to do the same."Educators are going to play a unique role in making sure that we are doing a better job at fighting racism through education,” he adds.He says history teachers are not the only ones who play a role.“It can be incorporated into all subjects, including English language arts.”For parents who want to get a head start on teaching their kids about Juneteenth, the local library is a good resource.They have books for children about the holiday to help children learn more about their history.A spokesperson with the department of education also says, "Publishers are invited to submit textbooks for review by the department and recommendation to the state board for adoption based on alignment to the revised standards and curriculum framework."For more information on Virginia's textbook review process, click here.This story was originally pulbished by Nana-Séntuo Bonsu at WTKR. 2352

WASHINGTON — A handful of states remained in play Friday in the tightly contested U.S. presidential race. The outcome of contests in Georgia, North Carolina, Pennsylvania and Nevada will determine whether Democrat Joe Biden or President Donald Trump wins.The solidly Republican state of Alaska has also not been called because it is only 50% counted and will not release absentee numbers until Nov. 10. It is not expected to impact the outcome.The Associated Press reviews the states that will determine the presidency:___GEORGIA: Outstanding ballots left to be counted in counties where Biden has performed well.THE BACKGROUND: Early Wednesday, Trump prematurely claimed he carried Georgia.“It’s ... clear that we have won Georgia. We’re up by 2.5%, or 117,000 (votes) with only 7% (of the vote) left” to count, Trump said during an early morning appearance at the White House. He also said he planned to contest the U.S. presidential election before the Supreme Court. It was unclear exactly what legal action he might pursue.The race is too early to call. With an estimated 99% of the vote counted there, Biden had overtaken Trump by more than 900 votes Friday morning, with thousands more ballots left to be counted.That includes mailed ballots from population-dense counties in the Atlanta metro region that lean Democratic. Biden is overperforming Hillary Clinton’s 2016 showing in those counties, including in their more upscale suburban reaches.___NEVADA: Race too early to call; vote count will continue for several more days.THE BACKGROUND: Democrat Joe Biden leads by less than 1 percentage point in Nevada over President Donald Trump, with more than 1.2 million ballots counted.That’s after election officials in Nevada released updated returns on Thursday, including a batch of 14,285 and 12,189 ballots, respectively, in the state’s two largest counties, Clark and Washoe.Overall, officials have tallied a little more than three-quarters of the state’s expected vote. Under state law, ballots postmarked by Election Day will still be counted if they arrive by Tuesday, Nov. 10. Clark County said Thursday it did not expect to complete counting the bulk of its mail votes until this weekend.Among the ballots still left to be processed in Nevada this year are provisional ballots, including 60,000 in Clark County, where most of the state’s voters live. Those ballots were mostly cast by voters who registered on Election Day and will be counted after officials verify their eligibility to be included.In a tight race, that could delay the AP declaring a winner. For example, in the 2004 race between George W. Bush and John Kerry, the AP did not call the winner of the election in Ohio until it was able to confirm that Bush’s lead exceeded the number of provisional ballots left to be counted.Nevada, once a swing state, has trended toward Democrats in the past decade. Trump narrowly lost Nevada in 2016. Bush was the last Republican to win there, in 2004.Biden’s lead in Nevada stands at 11,438 votes.___NORTH CAROLINA: Race too early to call. Ballots left to count.THE BACKGROUND: Trump prematurely claimed early Wednesday that he won the state.“We’ve clearly won North Carolina, where we’re up 1.7%, 77,000 votes with only approximately 5% left. They can’t catch us,” he said during an appearance at the White House. Trump also said he planned to contest the U.S. presidential election before the Supreme Court. It was unclear, exactly, what legal action he might pursue.Though Trump is correct that he held a nearly 77,000-vote lead, which he maintained Thursday morning, the race is too early to call with up to 116,000 mail ballots left to count, as well as about 41,000 provisional ballots statewide.As long as those ballots are postmarked by Nov. 3, state election officials have until Nov. 12 to count them. And when it comes to mail ballots, Biden was outperforming Trump. That means the ballots yet to be counted could give Biden a lead.___PENNSYLVANIA: Tens of thousands of ballots left to be counted.THE BACKGROUND: Pennsylvania is among a handful of battleground states Trump and Biden are narrowly contesting, and there were tens of thousands of votes left to be counted Friday morning.Trump, who held a 675,000-vote lead early Wednesday, prematurely declared victory in the state.“We’re winning Pennsylvania by a tremendous amount. We’re up 690,000 votes in Pennsylvania. These aren’t even close. It’s not like, ‘Oh, it’s close,’” Trump said during an appearance at the White House.But by early Friday, Biden had overtaken Trump in the number of ballots counted in the state, which Trump must win to have a shot at reelection. Biden held a nearly 6,000-vote advantage.Elections officials are not allowed to process mail-in ballots until Election Day under state law. It’s a form of voting that has skewed heavily in Biden’s favor after Trump spent months claiming without proof that voting by mail would lead to widespread voter fraud.Mail ballots from across the state overwhelmingly broke in Biden’s direction.There’s also a possibility the race won’t be decided for days. If there is less than a half percentage point difference between Biden's and Trump’s vote totals, state law dictates that a recount must be held.Democrats had long considered Pennsylvania a part of their “blue wall” — a trifecta that also includes Wisconsin and Michigan — that for years had served as a bulwark in presidential elections. In 2016, Trump won each by less than a percentage point.Biden, who was born in Scranton, claims favorite-son status in the state and has long played up the idea that he was Pennsylvania’s “third senator” during his decades representing neighboring Delaware. He’s also campaigned extensively in the state from his home in Delaware. 5784

VISTA (CNS) - A Carlsbad man who molested several young girls his girlfriend babysat was convicted of 35 felonies Friday, including kidnapping, sexual assault, burglary and conspiracy.Jurors deliberated for just two hours before finding Samuel Cabrera Jr., 25, guilty of molesting four young girls between 2014 and 2016 and videotaping his assaults. He faces life imprisonment when he is sentenced Jan. 7.His girlfriend, Brittney Mae Lyon, 26, also faces life imprisonment on the same charges for allegedly molesting the girls and videotaping Cabrera doing so, but will be tried separately. Her trial date is set for later this month.RELATED: Accused child molester was a San Marcos teacher's aideThe pair -- arrested in July 2016 -- allegedly molested the girls on various occasions in the victims' homes, in her home and in his.Investigators found video recordings of the crimes on hard drives inside Cabrera's car, according to trial testimony.The victims' mothers testified that they hired Lyon to babysit their daughters after finding her on childcare websites.One of those mothers testified that her daughter is on the autism spectrum and was nonverbal at the time of the molestations, when she was 6 and 7 years old. Lyon would babysit the girl at the victim's house during the week, even while her older brothers were home.On occasional weekends, however, Lyon would take the girl on her own for excursions she was not paid for and were unrelated to babysitting. Lyon allegedly told the mother that these outings would help her with a research paper she was writing as part of her degree, which she allegedly claimed was related to child development.The mother testified she was aware Lyon had a boyfriend, but had never met him and never consented to have him participate in any activities with her daughter.Another mother testified she hired Lyon to babysit her 3-and-a-half- year-old daughter on two occasions. After the second occasion, the girl informed her mother that Lyon had brought her boyfriend over to the house, and that the defendants had changed her underwear, she testified.Lyon said that she alone had changed the girl's underwear because it was torn, and that her boyfriend had only come over to bring her cold medicine. A subsequent doctor's examination did not reveal anything untoward, but the mother said she later read a news article detailing the couple's arrests and contacted police.Cabrera and Lyon were initially only charged on the basis of two of the victims. After police publicly disseminated information regarding their arrests, charges were added regarding the two other girls. 2627

WASHINGTON (AP) — A more conservative Supreme Court appears unwilling to do what Republicans have long desired — kill off the Affordable Care Act. That includes its key protections for pre-existing health conditions and subsidized insurance premiums that affect tens of millions of Americans. The justices met a week after the election and remotely in the midst of a pandemic that has closed their majestic courtroom to hear the highest-profile case of the term so far. They took on the latest Republican challenge to the law known as “Obamacare,” with three appointees of President Donald Trump, an avowed foe of the health care law, among them.But at least one of those Trump appointees, Justice Brett Kavanaugh, seemed likely to vote to leave the bulk of the law intact, even if he were to find the law’s now-toothless mandate that everyone obtain health insurance to be unconstitutional.“It does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place,” Kavanaugh said.Chief Justice John Roberts, who wrote two earlier opinions preserving the law, stated similar views, and the court’s three liberal justices are almost certain to vote to uphold the law in its entirety. That presumably would form a majority by joining a decision to cut away only the mandate, which now has no financial penalty attached to it. Congress zeroed out the penalty in 2017, but left the rest of the law untouched.“I think it’s hard for you to argue that Congress intended the entire act to fall if the mandate were struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act. I think, frankly, that they wanted the court to do that, but that’s not our job,” Roberts said.Tuesday’s arguments, conducted by telephone and lasting two hours, reached back to the earlier cases and also included reminders of the coronavirus pandemic. The justices asked about other mandates, only hypothetical, that might have no penalties attached: To fly a flag, to mow the lawn or even, in a nod to current times, to wear a mask.“I assume that in most places there is no penalty for wearing a face mask or a mask during COVID, but there is some degree of opprobrium if one does not wear it in certain settings,” Justice Clarence Thomas said.The court also spent a fair amount of time debating whether the GOP-led states and several individuals who initially filed lawsuits had the right to go into court. 2495

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