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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) — Behind America's late leap into orbit and triumphant small step on the moon was the agile mind and guts-of-steel of Chris Kraft, making split-second decisions that propelled the nation to once unimaginable heights.Kraft, the creator and longtime leader of NASA's Mission Control, died Monday in Houston, just two days after the 50th anniversary of what was his and NASA's crowning achievement: Apollo 11's moon landing. He was 95.Christopher Columbus Kraft Jr. never flew in space, but "held the success or failure of American human spaceflight in his hands," Neil Armstrong, the first man-on-the-moon, told The Associated Press in 2011.Kraft founded Mission Control and created the job of flight director — later comparing it to an orchestra conductor — and established how flights would be run as the space race between the U.S. and Soviets heated up. The legendary engineer served as flight director for all of the one-man Mercury flights and seven of the two-man Gemini flights, helped design the Apollo missions that took 12 Americans to the moon from 1969 to 1972 and later served as director of the Johnson Space Center until 1982, overseeing the beginning of the era of the space shuttle.Armstrong once called him "the man who was the 'Control' in Mission Control.""From the moment the mission starts until the moment the crew is safe on board a recovery ship, I'm in charge," Kraft wrote in his 2002 book "Flight: My Life in Mission Control.""No one can overrule me. ... They can fire me after it's over. But while the mission is under way, I'm Flight. And Flight is God."NASA Administrator Jim Bridenstine Monday called Kraft "a national treasure," saying "We stand on his shoulders as we reach deeper into the solar system, and he will always be with us on those journeys."Kraft became known as "the father of Mission Control" and in 2011 NASA returned the favor by naming the Houston building that houses the nerve center after Kraft."It's where the heart of the mission is," Kraft said in an April 2010 AP interview. "It's where decisions are made every day, small and large ... We realized that the people that had the moxie, that had the knowledge, were there and could make the decisions."That's what Chris Kraft's Mission Control was about: smart people with knowledge discussing options quickly and the flight director making a quick, informed decision, said former Smithsonian Institution space historian Roger Launius. It's the place that held its collective breath as Neil Armstrong was guiding the Eagle lunar lander on the moon while fuel was running out. And it's the place that improvised a last-minute rescue of Apollo 13 — a dramatic scenario that later made the unsung engineers heroes in a popular movie.Soon it became more than NASA's Mission Control. Hurricane forecasting centers, city crisis centers, even the Russian space center are all modeled after the Mission Control that Kraft created, Launius said.Leading up to the first launch to put an American, John Glenn, in orbit, a reporter asked Kraft about the odds of success and he replied: "If I thought about the odds at all, we'd never go to the pad.""It was a wonderful life. I can't think of anything that an aeronautical engineer would get more out of, than what we were asked to do in the space program, in the '60s," Kraft said on NASA's website marking the 50th anniversary of the agency in 2008.In the early days of Mercury at Florida's Cape Canaveral, before Mission Control moved to Houston in 1965, there were no computer displays, "all you had was grease pencils," Kraft recalled. The average age of the flight control team was 26; Kraft was 38."We didn't know a damn thing about putting a man into space," Kraft wrote in his autobiography. "We had no idea how much it should or would cost. And at best, we were engineers trained to do, not business experts trained to manage."NASA trailed the Soviet space program and suffered through many failed launches in the early days, before the manned flights began in 1961. Kraft later recalled thinking President John F. Kennedy "had lost his mind" when in May 1961 he set as a goal a manned trip to the moon "before this decade is out.""We had a total of 15 minutes of manned spaceflight experience, we hadn't flown Mercury in orbit yet, and here's a guy telling me we're going to fly to the moon. ... Doing it was one thing, but doing it in this decade was to me too risky," Kraft told AP in 1989."Frankly it scared the hell out of me," he said at a 2009 lecture at the Smithsonian.One of the most dramatic moments came during Scott Carpenter's May 1962 mission as the second American to orbit the earth. Carpenter landed 288 miles off target because of low fuel and other problems. He was eventually found safely floating in his life raft. Kraft blamed Carpenter for making poor decisions. Tom Wolfe's book "The Right Stuff" said Kraft angrily vowed that Carpenter "will never fly for me again!" But Carpenter said he did the best he could when the machinery malfunctioned.After the two-man Gemini flights, Kraft moved up NASA management to be in charge of manned spaceflight and was stunned by the Apollo 1 training fire that killed three astronauts.Gene Kranz, who later would become NASA's flight director for the Apollo mission that took man to the moon, said Kraft did not at first impress him as a leader. But Kranz eventually saw Kraft as similar to a judo instructor, allowing his student to grow in skills, then stepping aside."Chris Kraft had pioneered Mission Control and fought the battles in Mercury and Gemini, serving as the role model of the flight director. He proved the need for real-time leadership," Kranz wrote in his book, "Failure Is Not An Option: Mission Control from Mercury to Apollo 13 and Beyond."NASA eventually beat Kennedy's deadline, landing the first men on the moon in July 1969. Kranz watched from Mission Control as his underlings controlled Apollo 11, but then for the near-disaster in flight on Apollo 13, he stepped in for the key decisions. He later became head of NASA's Johnson Space Center.Born in 1924, Kraft grew up in Phoebus, Va., now part of Hampton, about 75 miles southeast of Richmond. In his autobiography, Kraft said with the name Christopher Columbus Kraft Jr., "some of my life's direction was settled from the start."After graduating from Virginia Polytechnic Institute in 1944, Kraft took a job with aircraft manufacturer Chance Vought to build warplanes, but he quickly realized it wasn't for him. He returned to Virginia where he accepted a job with the National Advisory Committee for Aeronautics, not far from Phoebus.Kraft's first job was to figure out what happens to airplanes as they approach the speed of sound.After his retirement, Kraft served as an aerospace consultant and was chairman of a panel in the mid-1990s looking for a cheaper way to manage the shuttle program. Kraft's panel recommended a contractor take over the day-to-day operations of the shuttle.Later, as the space shuttle program was being phased out after 30 years, Kraft blasted as foolish the decision to retire the shuttles, which he called "the safest machines ever built." He said President Barack Obama's plan to head toward an asteroid and Mars instead of the moon was "all hocus-pocus."Kraft said he considered himself fortunate to be part of the team that sent Americans to space and called it a sad day when the shuttles stopped flying."The people of Mercury, Gemini, and Apollo are blossoms on the moon. Their spirits will live there forever," he wrote. "I was part of that crowd, then part of the leadership that opened space travel to human beings. We threw a narrow flash of light across our nation's history. I was there at the best of times."Kraft and his wife, Betty Anne, were married in 1950. They had a son, Gordon, and a daughter, Kristi-Anne. 7877

WASHINGTON (AP) — Christmas-season gridlock descended on the nation's capital Saturday like an unwelcomed present just before the holiday as America's elected leaders partially closed down the government over their inability to compromise on money for a wall along the U.S.-Mexico border.Congressional Democrats are refusing to accede to President Donald Trump's demands for billion to start erecting his long-promised barrier, and the stalemate is a chaotic coda for Republicans in the waning days of their two-year reign controlling government.Vice President Mike Pence, Trump son-in-law and senior adviser Jared Kushner and White House budget chief Mick Mulvaney left the Capitol late Friday after hours of bargaining with congressional leaders produced no apparent compromise.RELATED: Government shutdown: Who will get furloughed if a spending bill is not signed?Mulvaney sent agency heads a memorandum telling them to "execute plans for an orderly shutdown." He wrote that administration officials were "hopeful that this lapse in appropriations will be of short duration." That expectation was widely shared.With negotiations expected to resume, the House and Senate scheduled rare Saturday sessions. House members were told they would receive 24 hours' notice before any vote. "I am in the White House, working hard," Trump said Saturday on Twitter.The impasse blocks money for nine of 15 Cabinet-level departments and dozens of agencies, including the departments of Homeland Security, Transportation, Interior, Agriculture, State and Justice.RELATED: Government shutdown: Constructive talks are happening, McConnell saysThe disruption affects many government operations and the routines of 800,000 federal employees. Roughly 420,000 workers were deemed essential and will work unpaid just days before Christmas. An additional 380,000 will be furloughed, meaning they will stay home without pay.Federal employees already were granted an extra day of vacation on Monday, Christmas Eve, thanks to an executive order that Trump signed this past week. The president did not go to Florida on Friday as planned for the holiday.Those being furloughed include nearly everyone at NASA and 52,000 workers at the Internal Revenue Service. About 8 in 10 employees of the National Park Service were to stay home; many parks were expected to close.RELATED: President Trump tweets that government shutdown will last for a 'very long time' if wall not fundedThe Senate passed legislation ensuring that workers will receive back pay. The House seemed sure to follow suit.Some agencies, including the Pentagon and the departments of Veterans Affairs and Health and Human Services, were already funded and will operate as usual.The U.S. Postal Service, busy delivering packages for the holiday season, will not be affected because it's an independent agency. Social Security checks will be mailed, troops will remain on duty and food inspections will continue.Also still functioning will be the FBI, the Border Patrol and the Coast Guard. Transportation Security Administration officers will continue to staff airport checkpoints and air traffic controllers will be on the job.Trump has savored the prospect of a shutdown over the wall for months. Last week he said he would be "proud" to close down the government, and on Friday said he was "totally prepared for a very long" closure. Many of Congress' most conservative Republicans welcomed such a confrontation, but most GOP lawmakers have wanted to avoid one because polling shows the public broadly opposes the wall and a shutdown over it.RELATED: What to expect if there's a partial government shutdownInitial Republican reaction to the shutdown was muted. Among the few GOP lawmakers who issued statements as it began were Sens. Lisa Murkowski of Alaska, who expressed disappointment at the lack of a deal, and Lamar Alexander of Tennessee. "This is a complete failure of negotiations and a success for no one," Alexander said.The Democratic leaders, Rep. Nancy Pelosi of California and Sen. Chuck Schumer of New York, said in a statement that Trump "threw a temper tantrum and convinced House Republicans to push our nation into a destructive Trump Shutdown in the middle of the holiday season."Trump had made clear last week that he would not blame Democrats for any closure. Now, he and his GOP allies have spent the past few days saying Democrats bear responsibility.The president said now was the time for Congress to provide taxpayers' money for the wall, even though he long had claimed Mexico would pay for it. Mexico repeatedly has rebuffed that idea."This is our only chance that we'll ever have, in our opinion, because of the world and the way it breaks out, to get great border security," Trump said Friday. Democrats, who opposed major funding for wall construction, will take control of the House on Jan. 3.Looking for a way to claim victory, Trump said he would accept money for a "Steel Slat Barrier" with spikes on the top, which he said would be just as effective as a "wall" and "at the same time beautiful."Senators had approved a bipartisan deal earlier in the week to keep the government open into February and provide .3 billion for border security projects, but not the wall. But the House rebelled and approved a package temporarily financing the government but also setting aside .7 billion for the border wall.A test vote in the Senate on Friday showed that Republicans lacked the 60 votes needed to advance the House plan. That jump-started negotiations between Congress and the White House. 5581

VISTA, Calif. (KGTV) — A Fallbrook woman was convicted of negligence for killing a father of four off of Highway 395 near the Pala Mesa Resort in 2017.Sulem Garcia was on prescription medications when she veered off the road crashing into Paul Burke who was on his bicycle, blocks from his home on May 23, 2017. Garcia's lawyer argued she was exhausted from finishing her finals at Palomar College that day and had been on the prescription medications to treat depression for three years.  Garcia received the maximum sentence which was one year behind bars.RELATED: Bicyclist killed, 19-year-old driver arrested in North CountyMore than 60 of Burke's family members and friends were in the courtroom. Burke's wife Laura gave a victim impact statement saying she does not believe that Garcia is remorseful and that the sentencing was a slap on the wrist.  Burke owned and operated a custom surf shop for more than 40 years. He also worked at Costco.Burke's daughter and son both spoke at the sentencing hearing.   1051

WASHINGTON (AP) — Melania Trump is marking the 100th anniversary of women gaining the right to vote with an art exhibit based on works by students from all 50 states and Washington, D.C.The first lady was using Monday's event — on the opening day of the Republican National Convention — to promote certain aspects of her husband's record on women's issues. 365