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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 (AP) — Democrats controlling the House say they'll vote next week on a bill that would make the District of Columbia the country's 51st state.It's an issue that they say has become far more important in the aftermath of protests for racial justice in both Washington D.C. and across the nation.Next Friday’s vote, if successful, would pass a D.C. statehood bill for the first time in the House, but the legislation faces insurmountable opposition in the GOP-controlled Senate.The White House's move to use federal forces to clear peaceful protesters so President Donald Trump could walk to a nearby church for a photo op two weeks ago prompted Democratic leaders to schedule the vote.If the measure was signed into law, the state of “Washington, Douglass Commonwealth” would be admitted into the U.S. and the new state would elect two U.S. senators and one U.S. representative.The state would consist of all D.C. territory except federal buildings and monuments, including the principal federal monuments, the White House, the Capitol Building, the U.S. Supreme Court Building, and the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building. 1221

WASHINGTON — The Senate intelligence committee has concluded the Kremlin launched an aggressive effort to interfere in the 2016 presidential contest on behalf of Donald Trump and says the Trump campaign’s interactions with Russian intelligence services during the campaign posed a “grave” counterintelligence threat. It says Trump associates were eager to exploit the Kremlin’s aid, particularly by maximizing the impact of the disclosure of Democratic emails that were hacked by Russian military intelligence officers.The report from the Republican-led panel lays out significant contacts between Trump associates and Russians, describing for instance a close professional relationship between Trump campaign chairman Paul Manafort and Konstantin Kilimnik, whom the committee describes without equivocation as a Russian intelligence officer."The Committee found that Manafort's presence on the Campaign and proximity to Trump created opportunities for Russian intelligence services to exert influence over, and acquire confidential information on, the Trump campaign," according to the report released Tuesday.The report notes how Manafort shared internal Trump campaign polling data with Kilimnik and says there is “some evidence” that Kilimnik may have been connected to the Kremlin’s operation to hack and leak Democratic emails, though it does not describe that evidence. In addition, the report says that “two pieces of information” raise the possibility of Manafort’s potential connection to those operations, but what follows next in the document is blacked out.Both men were charged in special counsel Robert Mueller’s Russia investigation, but neither was accused of any tie to the hacking.The report purposely does not come to a final conclusion about whether there is enough evidence that Trump’s campaign coordinated or colluded with Russia to sway the election to him and away from Democrat Hillary Clinton. That leaves its findings open to partisan interpretation. But the report says interference in the election is indisputable. 2053

Walking into an emergency room near her home in Houston, Texas, Laurie Delgatto-Whitten knew the COVID-19 test she was there for would be far from pleasant, but little did she know the surprise bill she'd receive in the mail weeks later would prove to be almost as painful."It was a just a quick swab; it lasted maybe two minutes and that was it," she recalled.Delgatto-Whitten got her COVID-19 test on May 18 and eventually received her negative test results about 10 days later. Then, in early June, she got a statement in the mail from her insurance company. Her bill totaled ,165.92."I mean, I think it’s a total scam and in the midst of a pandemic, it’s even worse," she added.However, under the CARES Act passed by Congress, COVID-19 tests are legally mandated to be covered. Over the past few months, though, some Americans have discovered flaws in the legislation. Because Delgatto-Whitten had already met her deductible, she personally didn't owe any money. But it's the principle of her insurance company agreeing to pay that astronomical bill that causes her deep concern."In the long run any cost insurance companies are taking on, they’re going to pass onto you. They’re going to be passed on to me," she said.Healthcare advocate Michelle Johnson is concerned stories like Delgatto-Whitten’s will deter other Americans from getting tested at a time with the virus is still spreading rapidly across the country."If people think it’s going to cost money to go get a test they just won’t do it," Johnson said.Johnson's advice is to request an itemized bill for any COVID-19 related procedures you might undergo. Aside from contacting your insurance company Johnson says to call your elected officials and let them know what's happening."The only solution is for elected officials to step up and do their job," she added. 1840

VISTA, Calif. (CNS) - A murder conviction was reversed Friday for a 73-year-old former Valley Center resident, who was convicted in 2001 of killing her husband and was serving a 25-years-to-life sentence, but may receive a new trial due to newly discovered DNA evidence.Jane Dorotik was found guilty of the murder of 55-year-old Robert Dorotik, whose body was found on Feb. 13, 2000, one day after his wife said he disappeared after going jogging, prompting her to report him missing.District Attorney's Office spokesman Steve Walker said "newly discovered DNA evidence developed from advanced technology unavailable at the time of the 2001 jury trial" led the D.A.'s office to concede a habeas corpus petition filed by Dorotik's attorneys, thus reversing the conviction.Dorotik was released from the California Institution for Women in Corona in April amid the COVID-19 pandemic and will remain out of custody on her own recognizance. Attorneys will reconvene Oct. 23 to discuss the possibility of a retrial."After fighting for nearly 20 years to overturn my conviction, I am so grateful to finally see this day," Dorotik said in a statement released by her attorneys."Frankly, I'm a little overwhelmed at the moment," she said. "I have maintained from day one that I had nothing to do with my husband's murder. Spending almost two decades in prison falsely convicted of killing the man I loved has been incredibly painful. I lost literally everything in my life that Bob and I had built together."Prosecutors alleged that Dorotik beat her husband to death in their bedroom in the Valley Center horse ranch they rented, then dumped his body on the side of a road a few miles away.Medical examiners concluded he died of blunt force trauma to the head and strangulation, which prosecutors alleged was committed with a hammer and rope.The prosecution theory was that Dorotik killed her husband because she would have to pay him 40% of her income in the event of a divorce.Attorneys from Loyola Law School's Project for the Innocent say Dorotik was wrongfully convicted and submitted the habeas corpus petition alleging issues with the DNA evidence and testimony used to convict her.Her attorneys say newly conducted DNA testing of the victim's clothing, fingernails and a rope alleged to be one of the murder weapons showed no evidence of Dorotik's DNA, excluding her presence from the crime scene.They also alleged a prosecution expert witness testified during Dorotik's trial that stains found in the bedroom were her husband's blood, even though most of the stains were not tested and never confirmed to be blood at all.During an afternoon hearing at the Vista courthouse, Deputy District Attorney Karl Husoe said some of the new evidence stems from "the results of the retesting of some physical items of evidence" and noted "the DNA evidence as it exists now in 2020 is much different in quality and quantity than presented at trial in 2001."The prosecutor said the new evidence "undermines the previous evidence presented at trial to the extent that a new trial would be granted by this court."Additionally, Husoe said the D.A.'s office received "new information regarding lab personnel which our office was previously unaware of, but (was) recently made known to us," but did not elaborate on the content of that information.Walker said, "Ultimately, this office intends to pursue DNA testing and retesting of the available evidence in this case using modern and advanced DNA technology available to us today. Whatever the outcome of this additional testing may be, this office will commit resources to this matter in an effort to do all we can to seek the truth and pursue justice." 3696

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