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.
"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.
Winslow 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.