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VISTA (CNS and KGTV) - Prosecutors announced Friday they will seek a second trial against ex-NFL tight end Kellen Winslow II, who was convicted of forcible rape and misdemeanor counts of indecent exposure and lewd conduct earlier this week. Following about a week of deliberations, a Vista jury found Winslow guilty of raping a woman in Encinitas and exposing himself to two others, but deadlocked on eight other charges, including rape and kidnapping in connection with two other women. Jurors indicated that they were leaning toward guilty verdicts on each count, but were unable to reach a consensus, leading San Diego Superior Court Judge Blaine Bowman to declare a mistrial as to those counts Tuesday morning, and dismiss the jury. Prosecutors stated they will go forward with trying Winslow a second time. A judge set the trial date for Sept. 30 and denied bail, saying Winslow was a danger to the community.Winslow was convicted of last May's rape of a 58-year-old homeless woman -- Jane Doe 2 -- exposing himself to Jane Doe 3, who was gardening in her front yard in Cardiff last May, and touching himself in front of a 77-year-old woman -- Jane Doe 5 -- at a Carlsbad gym in February. The 35-year-old son of former San Diego Chargers legend Kellen Winslow was acquitted of committing lewd conduct in front of Jane Doe 5 on a separate occasion. WATCH FRIDAY'S COURT HEARING: 1390

VISTA, Calif. (KGTV) -- Jury selection is expected to take all week in the trial of former NFL tight end Kellen Winslow II. The San Diego football star and son of Chargers Hall of Famer Kellen Winslow Senior pleaded not guilty to charges that he raped two homeless women in Encinitas last year. He's also charged with raping an unconscious seventeen-year-old girl back when Winslow was nineteen. Prosecutors say he was out of custody on million bail in connection with the felony case when he got in trouble again. Prosecutors say he fondled himself in front of a 77- year-old woman at a Carlsbad gym, asked her if she liked it, and groped her while she was in a hot tub at the same gym.Jan Ronis is a San Diego defense attorney not affiliated with the case, but watching it closely. "From what I've seen at the preliminary examination, everyone that testified seemed to have a lot of credibility. These were older women, you would extend the greatest credibility to that kind of witness," said Ronis. Winslow played ten seasons with the NFL. His defense team is reportedly planning to call two psychiatrists to testify. It's unclear if CTE, or Chronic traumatic encephalopathy will play a role in that defense. Ronis says it might not make a difference. "You can still be responsible for your conduct , criminally responsible, after having sustained a traumatic brain injury or something of that nature. It's different than say, your mental health issue was such that rendered you incapable of understanding the nature of your conduct that you couldn't understand the difference between right and wrong, " said Ronis. Opening statements are expected to begin May 20. Winslow faces life in prison if convicted on all counts. City News Service contributed to this report. 1787

VISTA, Calif. (KGTV) There is growing outrage that a man accused of trying to rip a toddler out of his parent's car is out of jail on bail.Peter Kopcak and his fiance Jennifer Lawson were backing out of the Costco parking lot on Hacienda Drive in Vista Saturday afternoon."I just seen out of the corner of my eye this guy running down between the two cars, and I didn't know what he was doing," said Kopcak.The couple said the guy tried to rip their toddler out of his car seat."He opened the car seat back door, reached in and grabbed my kid, she jumped out of the car, left it in reverse, I put it in park. I jumped out, he was trying to grab the car seat and, she pushed him and I just had to take him down," said Kopcak.Kopcak tackled the man to the ground."I took him to the ground and did what I had to do to subdue, a bunch of people, an off duty officer pulled me off the guy and held him down told him to put his hands behind his back," said Kopcak.Sheriff's deputies arrested 37-year-old Adam Glavinic. He's facing charges of felony attempted kidnapping and being under the influence of a controlled substance."I thought he was going to take my kid and I wasn't about to let that happen, I'd do anything I could to stop him cause that's the worst nightmare, just having someone A, touch your kid, B, try to take your kid," said Kopcak.The couple was also upset to learn Glavinic was released from jail on a 0,000 bail Sunday."I couldn't stop crying when I found out, cause he will do this to someone else and who knows if it's a single mom or the husband isn't quick enough, and the guy takes off," said Lawson."I don't understand how he got out so fast. What if he tries to grab another kid or hurt someone else? It boggles my mind," said Kopcak.There's a backlog of out of custody cases due to the pandemic. Glavinic isn't scheduled for arraignment until February. The district attorney's office can't comment specifically on this case, but Chief Deputy District Attorney Rachel Solov says give the system a chance. "Let the investigation be done, let law enforcement get all the information and submit it to the district attorney's office to be evaluated," said Solov.A spokeswoman with the DA's office says they're getting a lot of calls and emails from parents concerned about this case. The case is also generating outrage on social media with a lot of people commenting that bail should be much higher."There are legal mechanisms if the facts and circumstances of a case warrant it to be able to do that, to be able to request a judge to sign an arrest warrant that would increase bail," said Solov.Solov said changes to the bail schedule due to the pandemic would not have affected this case."Those modifications did not at all affect any of those serious or violent offenses such as kidnapping," said Solov.The D.A's office says a prosecutor has been assigned to the case. The San Diego Sheriff's Department sent 10News the following statement Tuesday evening."The San Diego County Sheriff's Department and Vista Sheriff's Station want to reassure our community regarding a case of an attempted kidnapping. It happened on Saturday, September 19th outside a store parking lot on Hacienda Drive.We understand this incident is upsetting for our community members and concerning for parents, guardians and caregivers.This appears to be an isolated incident. Detectives are continuing their investigation and deputies are committed to keeping your families safe.We also hear your concerns regarding the suspect bailing out of jail within 24 hours of his arrest. Everyone has a legal right to bail as guaranteed by our Constitution. Bail is set by the San Diego Superior Court." 3702

WASHINGTON - Florida Senators Marco Rubio and Rick Scott have teamed up to make a push to keep Daylight Saving Time across the country during the pandemic.It’s the latest push by Florida lawmakers to make Daylight Saving Time permanent.On Wednesday, Scott and Rubio released a joint statement saying they will introduce legislation to keep the United States on Daylight Saving Time through November 7, 2021.Daylight Saving Time is scheduled to end for the year on Sunday, November 1.The senators say their bill will help provide stability for families dealing with enough change with virtual learning, working from home and other disruptions the COVID-19 pandemic has caused.“After months of staying inside amid the coronavirus pandemic, families across the nation could use a little more sunshine and time to enjoy all that Florida has to offer… I’m glad to join Senator Rubio to lead this effort in Congress,” Scott said in a statement.In 2018, Florida lawmakers approved a bill to keep Florida on Daylight Saving Time permanently. But it can't be enacted without congressional approval.“Our government has asked a lot of the American people over the past seven months, and keeping the nation on Daylight Saving Time is just one small step we can take to help ease the burden,” Rubio said.Legislation to make daylights savings time permanent has also been introduced in Colorado, Delaware, Georgia, Illinois, Iowa, Minnesota, Missouri, North Carolina, Ohio, Oklahoma, South Carolina, Texas, Utah and Vermont. Similar legislation has been struck down in Idaho, Mississippi, New Mexico, Virginia, West Virginia and Wyoming.Hawaii does not observe Daylight Saving Time and neither does Arizona, minus the Navajo Nation in the northeastern part of the state, according to NASA. Indiana began observing daylight saving time in 2006.What is daylight saving time?It was invented to make the best use of daylight hours. Benjamin Franklin created the concept of Daylight Saving Time, according to NASA, and it has been used throughout much of the U.S., Canada and Europe since World War I.Can any state opt-out of it?Yes, all a state has to do is pass a state law.The official start/stop dates have been amended multiple timesIn 1966, former President Lyndon Johnson signed a law stating that Daylight Saving Time begins on the last Sunday of April and ends on the last Sunday in October of each year, according to NASA.The law was amended in 1986, and Daylight Saving Time officially began on the first Sunday in April, but the end date remained the same.Former President George W. Bush signed an energy policy bill in 2005 that would extend Daylight Saving Time by four weeks, beginning on the second Sunday of March, according to NASA, and it went into effect in 2007.It's referred to as "summer time" in EuropeMost of Europe observes summer time, which begins on the last Sunday of March and ends on the last Sunday of October.It may affect your healthAccording to Health.com, in vitro fertilization (IVF) success rates drop in March, immediately following the time change. In addition, heart attacks spike after the spring time change, and the number of strokes rises when Daylight Saving Time starts and ends.Exhaustion and fatigue are a common effect as well, especially in teenagers, Health.com reported.Tips to alleviate the switchThose worried about easing into a new schedule can take small steps like eating dinner early, using a lightbox in the morning, taking an afternoon nap and avoiding screens before bedtime.For tips on how to survive the start of Daylight Saving Time, read here.This story originally reported by Matthew Borek on abcactionnews.com. 3670

Voters in Colorado have rejected a measure that would have added buffer zones for new oil and gas drilling areas.The passage of Proposition 112 would have banned drilling of wells within 2,500 feet of occupied buildings, water sources and other "vulnerable" areas. But voters rejected it, with 57% of the state's voters saying no.If approved, Colorado's flourishing oil industry would've been dealt a major blow because a chunk of the surging Denver-Julesburg, or DJ, basin in Colorado, would suddenly become off limits. 528