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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 (CNS) - A homeless man accused of killing a 77-year-old retiree during a burglary at the victim's Oceanside beach house plead not guilty Wednesday at the courthouse in Vista.Carey Lamont Reid Jr., 21, was arrested last Sunday in connection with the slaying of John Roth on Aug. 14.DNA evidence obtained from the crime scene led homicide detectives to identify Reid as the perpetrator, Oceanside Police spokesman Tom Bussey said. Reid is known to be a transient who lives in Oceanside.RELATED: Arrest made in death of Oceanside manOfficers were called to the 500 block of North Coast Highway on Sunday for a person lying on the ground in a parking lot, Bussey said. Officers arrived, identified the man as Reid and took him into custody.The parking lot is located directly behind the residence where Roth was found dead, Bussey said.A back door was found open, but there were no signs of forced entry or a struggle at Roth's home in the 500 block of North Tremont Street when he was found by his wife shortly before 7 a.m. on Aug. 14, Detective Erik Ellgard said.RELATED: Friends drink final toast to slain Oceanside Vietnam veteranRoth suffered two stab wounds to the neck while sitting on the couch, said Deputy District Attorney Keith Watanabe.Zui Pang, 41, had last seen her husband alive about 16 hours before she returned home, Ellgard said.Missing from the victim's home were some of the couple's possessions, including costume jewelry, a wooden jewelry box, an Asus laptop computer, an LG cellphone and Pang's wedding ring.Four days later, an acquaintance of the victim found Pang's stolen purse, photos of the couple and other personal effects of theirs dumped in an alley off North Ditmar Street, a few blocks from their home. 1759

WASHINGTON (AP) — A major union representing U.S. postal workers endorsed Democrat Joe Biden, a move that comes after President Donald Trump acknowledged he was starving the postal service of money in order to make it more difficult to vote by mail in November’s election. The National Association of Letter Carriers, which represents 300,000 current and retired workers, said Thursday that Trump's longstanding hostility to the mail-delivering agency has heightened during the pandemic. They say his administration has taken “steps outside of the public eye to undermine the Postal Service and letter carriers." Union president Fredric Rolando said Biden is a "fierce ally and defender of the United States Postal Service." 732

Voters in Maine are trying out a new election system this year.“It is going to be used this fall for the first time in the presidential race, and that was a focus of a series of court challenges that went back and forth up though just a few weeks ago before it was finally determined, yes it will be used in the presidential race,” said Mark Brewer, Professor of Political Science at the University of Maine.What is ranked-choice voting? And how does it differ from how you fill out the more traditional “choose one,” or plurality, ballot design?“Normally you'll have a grid of candidates, all the candidate names on the left side and all of your choice columns along the top,” said Chris Hughes with the Ranked Choice Voting Resource Center. “Once we get everybody's ballots in, you count up all the first choices. If anyone has the majority, they get 50% of all those first choices, then that person is the winner.”However, if no candidate gets 50%, “you eliminate whoever has the fewest first choices and count the second choices on those ballots instead,” Hughes said.Ranked-choice voting has already been used for some local elections in states like California.“The big surge we’ve seen in the last 20 years started in San Francisco. San Francisco adopted ranked-choice voting in 2002 to eliminate their run off elections. Now they have a single general election,” Hughes said. “The last 20 years we’ve seen this huge growth, even between 2016 and 2020 we’ve seen five more cities adopt ranked-choice voting.”Why is Maine making the change now, in the brink of a critical presidential race? It’s a decision that was made four years ago. In 2016, the Ranked Choice Voting Act was passed by Maine voters, which meant ranked-choice voting would be used in certain statewide elections going forward.However, with every type of voting -- and there are many methods -- there are pros and cons.“In simpler elections ranked choice voting is probably going to do a decent job. But in more complicated elections where there are a bunch of candidates and it’s a tight race you run more of a risk of anomalies occurring,” said Aaron Hamlin with The Center for Election Science.What does this voting method mean for Maine, and the U.S. as a whole this election?“Ranked choice is going to come into play in the United States Senate race here in Maine,” Brewer said.“It’s not inconceivable that the Maine Senate race ends up deciding control of the U.S. Senate, and we're not going to know the outcome of the Maine Senate rate on election night. I can't imagine we will. It's going to be days after.” That is, if one of the Senate candidates doesn’t receive a 50% majority vote.“You don't have to start the reallocation process unless someone fails to get 50%,” he said.This Election Day, five more cities and two states, Alaska and Massachusetts, will vote on using ranked-choice voting in their future elections as well. 2920

WASHINGTON — The Supreme Court has refused to block the execution of four federal prison inmates who are scheduled to be put to death in July and August. The executions would mark the first use of the death penalty on the federal level since 2003. The justices rejected an appeal from four inmates who were convicted of killing children. The court’s action leaves no obstacles standing in the way of the executions, the first of which is scheduled for July 13. The inmates are separately asking a federal judge in Washington to impose a new delay on their executions over other legal issues that have yet to be resolved. 628

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