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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 — In an official update on his health status since contracting COVID-19, President Donald Trump told his personal physician “I feel great” Wednesday morning.In a statement shared on Twitter, Dr. Sean Conley also said the president’s vital signs remain “stable and in the normal range.” He added that Trump has not had a fever in more than four days and has not needed “supplemental oxygen since initial hospitalization.”Meanwhile, the president is remaining inside the White House as he recovers and has no public events scheduled Wednesday. Aides are being told to take extensive precautions to prevent themselves from catching the coronavirus. 664

WASHINGTON (AP) — A record number of women were elected to the House on Tuesday, nearly two years after women spilled out into the streets of Washington and in cities across the country in defiance of the inauguration of President Donald Trump.The incoming class of lawmakers could have a stark impact on politics in the nation's capital, particularly within the Democratic Party, after a midterm election that was widely seen as a referendum on Trump's first term.As of early Wednesday, voters were on track to send at least 99 women to the House, surpassing the previous record of 84. According to data compiled by The Associated Press, 237 women ran for the House as major-party candidates this year.Among the new lawmakers headed to the House is Jennifer Wexton, a Virginia state senator who defeated incumbent Barbara Comstock in one of the most closely watched races across the country. And Alexandria Ocasio-Cortez, the former Bernie Sanders organizer who won an upset primary victory over a senior House Democrat, will also head to Congress.RELATED CONTENT 1072

WASHINGTON (AP) — A federal appeals court said Thursday it plans to review a decision ordering the dismissal of the Justice Department’s case against former Trump national security adviser Michael Flynn.The action by the U.S. Circuit Court of Appeals for the District of Columbia is likely to prolong the fight over Flynn’s fate and represents yet another dramatic development in a case that has taken unexpected twists and turns over the last year and turned Flynn into something of a cause celebre for President Donald Trump and his supporters.Flynn pleaded guilty in 2017 to lying to FBI agents about his conversations with a Russian diplomat ahead of the inauguration of President Donald Trump.The court set arguments for Aug. 11. It did not offer an explanation for its decision in a brief order posted online, saying only "FURTHER ORDERED that oral argument before the en banc court be heard at 9:30 a.m. on Tuesday, August 11, 2020. The parties should be prepared to address whether there are 'no other adequate means to attain the relief' desired."A three-judge panel of the court ruled 2-1 last month that U.S. District Judge Emmet Sullivan had overstepped his bounds by not granting the Justice Department’s request to dismiss the case against Flynn.The Justice Department in May moved to dismiss the case against Flynn, one of the signature prosecutions of special counsel Robert Mueller’s investigation into Russian election interference.The motion followed a review by a U.S. attorney appointed by Attorney General William Barr to scrutinize the case.But rather than immediately dismiss the case, Sullivan appointed a retired federal judge to argue against the Justice Department’s position and to consider whether Flynn could be held in criminal contempt for perjury. Flynn’s lawyers asked the appeals court to step in and order Sullivan to grant the department’s request. 1894

WASHINGTON — The Trump campaign says it has filed lawsuits Wednesday in Georgia, Pennsylvania and Michigan, and will ask for a recount in Wisconsin.Democratic challenger Joe Biden is projected to win Wisconsin with a roughly 20,000 vote lead. No presidential race winner has been projected for either Pennsylvania, Michigan or Georgia at this time.The lawsuits in Michigan and Pennsylvania both demand better access for campaign observers to locations where ballots are being processed and counted, the campaign says.“In Philadelphia and elsewhere, Democrat officials forced our observers to stay 25 feet or more from the counting process, leaving no meaningful way whatsoever for our observers to do their jobs,” the statement from Justin Clark, Trump’s deputy campaign manager, reads.At a press conference Wednesday afternoon, Trump's personal attorney, Rudy Giuliani, elaborated on the campaign's legal action in Pennsylvania. "Not a single Republican has been able to observe these (absentee) ballots,” Giuliani said, adding speculatively, "Joe Biden could have been able to vote 5,000 times, we don’t know."With about 84 percent of the ballots counted in Pennsylvania, Trump leads Biden by almost 300,000 votes.The Trump campaign said Wednesday they are also seeking to intervene in a state case at the Supreme Court that deals with whether ballots received up to three days after the election can be counted, deputy campaign manager Justin Clark says.In the Michigan suit, election officials are asked to stop absent voter counting boards from counting because they are allegedly not complying with a state statute that 1 election inspector from each major political party be present during counting, according to the lawsuit.It also asks that observers be allowed to view surveillance video of ballot boxes that were in "remote and unattended" locations.In response to news of the lawsuit, demonstrators went to a building in downtown Detroit trying to get inside to challenge votes being counted. Hundreds of challengers are already inside the TCF Center, according to WXYZ in Detroit, and those outside are not being let in. The Detroit Health Department says the building is at capacity, and police are enforcing those capacity rules. Giuliani hinted the Trump campaign may bring a larger lawsuit about issues with observing ballot counting. "We're going to consider a federal lawsuit. Quite possibly we'll do a national lawsuit and reveal the corruption of the Democratic party," he said. Trump tweeted Wednesday afternoon, without supporting data, that he claimed victory in Pennsylvania, Georgia and other states. He also made unsubstantiated claims about "secretly dumped ballots."Michigan Attorney General Dana Nessel's office released a statement asserting the state's elections were "conducted transparently, with access provided for both political parties and the public, and using a robust system of checks and balances to ensure that all ballots are counted fairly and accurately."In Wisconsin, candidates are allowed to ask for a recount if the margin is less than 1 percent. The current margin is roughly .6 percent.The Trump campaign said they would seek a recount. No word on when that will begin.In Georgia, as of Wednesday night, Trump had a slight lead over Biden by 33,000 votes. There are roughly 100,000 votes left to count. The Biden campaign released a statement responding to the lawsuits:"When Donald Trump won Wisconsin in 2016 by roughly the same amount of votes that Joe Biden just did, or won Michigan with fewer votes than Joe Biden is winning it now, he bragged about a 'landslide,' and called recount efforts 'sad.' What makes these charades especially pathetic is that while Trump is demanding recounts in places he has already lost, he's simultaneously engaged in fruitless attempts to halt the counting of votes in other states in which he's on the road to defeat. This is not the behavior of a winning campaign. Plain and simple, Donald Trump has lost Wisconsin, he is losing Michigan, and he is losing the presidency. Put another way, 'It is what it is,” Biden campaign spokesperson Andrew Bates said. 4156

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