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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

Walmart said they would stop selling "All Lives Matter" merchandise after facing a backlash.According to USA Today, the major retailer said the items, which are sold by a third-party, would not be sold on their website any longer.RELATED: Walmart facing backlash for selling 'All Lives Matter' t-shirt 309

VISTA, Calif. (KGTV) — The jury deciding former NFL star Kellen Winslow Jr.'s fate in a rape trial, sent a note to the judge asking two questions.The questions lending a window into what's happening as the jury continues deliberating.10News spoke with Defense Attorney Gretchen Von Helms, to gain insight.On the surface, the questions seem obvious: "The jurors could benefit from an explanation as to what being under oath means. Additionally, how we should follow the law and not what we think the law should mean."RELATED: Kellen Winslow Jr. rape trial: More accusers set to testify"Every fourth-grader knows what under oath is and so also, should we follow the rules? Yes, you're supposed to follow the law," Von Helms said.She said the note made her think the jury was not agreeing, "the jury's trying to be nice here and say there's one person who just doesn't want to follow the rules, that's what it sounds like."The first question, she said, could indicate questions the jurors have, "sometimes police officers have to take an oath to be a police officer and maybe they feel that the police officer didn't do their job and follow up correctly or maybe they feel that their definition of that oath is different from the jurors oath."In regards to the second question, she said "the gut versus law issue, they must follow the law, even if they don't like the defendant, even though some people may not want to convict him because he's a football legacy, you can't do that. You have to look at the evidence and make a determination, is there enough?"RELATED: Accusers set to testify in Kellen Winslow Jr. rape trialVon Helms said the most important take-away from the note and the time spent during deliberations is that it appears the jury is taking the case very seriously.She said the prosecution's job is to lay out the evidence so clearly that the jurors have no doubt on the verdict.She added, the more time they take to come to a decision, the more reasonable doubt there may be.Winslow faces three counts of felony rape, misdemeanors of sexual misconduct among other charges. 2096

VISTA, Calif. (KGTV) - Students at Rancho Minerva Middle School in Vista are sending love to a city still grieving after a mass shooting. Jessica Ward, a 6th and 8th-grade teacher at Minerva, was inspired to act after seeing a Facebook post:"Hello. We are teachers in El Paso. We would like to know if anyone is interested in sending us postcards to help our students know there is plenty of good in our world. As teachers, we may only be able to say so much. We think concrete messages of support would help us calm some fears. Any thoughts?"Ward and her more than 160 students got to work, creating letters filled with love, support, funny jokes, and positivity. "I just hope this small little gesture will bring happiness and positivity to their lives," said Ward. Ward also showed the students news clips of the tragedy, answering questions about what happened less than a month ago. "It's just something I like to be open about, so they understand that it's important to talk about. It's not something that should be silenced, it's something that everyone should be aware of, and part of the fight is talking about it," said Ward. In this lesson, students learned that while only in 6th grade, anyone can send love and light into darkness. 1252

WASHINGTON — The government’s cybersecurity agency is expressing increased alarm about a hack of computer systems in the U.S. and around the globe that officials suspect was carried out by Russia.The cybersecurity unit of the Department of Homeland Security says the hack “poses a grave risk” to the U.S. government and state and local governments as well as critical infrastructure and private business.The Cybersecurity and Infrastructure Security Agency announced the SolarWinds Orion vulnerability that was disclosed this week as the compromised piece of software, was not the only way that hackers were able to get into government agencies, private companies and critical infrastructures over the last several months."CISA has determined that this threat poses a grave risk to the Federal Government and state, local, tribal, and territorial governments as well as critical infrastructure entities and other private sector organizations," the alert issued by the agency said. "CISA expects that removing this threat actor from compromised environments will be highly complex and challenging for organizations."The U.S. Energy Department is the latest government unit to announce they had systems compromised in the hack.The department says the impact of the hack appears to be “isolated to business networks” and "has not impacted the mission essential national security functions of the Department, including the National Nuclear Security Administration (NNSA)," which manages the country’s stockpile of nuclear weapons.It’s not just government agencies, Microsoft is reporting in a blog post more than 40 customers around the world appear to have been targeted in the hack.The hack creates a fresh foreign policy problem for President Donald Trump in his final days in office.President Trump has not made public comments regarding the hack, or the government’s response to Russia or whoever may be responsible. A White House senior official told CNN Trump was briefed on the hack by his top intelligence officials on Thursday.President-elect Joe Biden has also received briefings on the hack and released a statement."Our adversaries should know that, as President, I will not stand idly by in the face of cyber assaults on our nation," Biden said, making no specific mention of Trump or his administration, but also not naming Russia as the culprit.President-elect Joe Biden says his new administration “will make dealing with this breach a top priority from the moment we take office.” 2502

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