SAN DIEGO (KGTV) — Former NFL player Kellen Winslow Jr., who committed sexual offenses against several women in Northern San Diego County, is asking a court to lower his 14-year prison sentence.
In records obtained by ABC 10News, Winslow Jr. is asking the court to consider a California law that went into effect in 2022 as grounds for resentencing.
According to a November Writ of Habeas Corpus court filing, Winslow Jr. wrote, “petitioner contends he suffered physical trauma as a result from mild traumatic brain disorder, as well as potentially CTE, and this trauma was a contributing factor in the commission of the offense.”
The seven-page handwritten document also stated, “petitioner now seeks a remand for resentencing based on AB 124, petitioner argues because physical trauma contributed to the offenses, and it would be contrary to the 'interest of justice' to impose the lower term, the court is required to impose the lower term of the upper term of 6 years on count 2, to 2 years, instead of 6 years imposed at sentencing on the principal term.”
Winslow Jr. is also asking the court to impose a lower term on another charge he previously pleaded guilty to.
In March 2021 he was sentenced to 14 years in prison.
He agreed to the 14-year sentence through a plea deal where he admitted to assault with intent to commit rape against one of the victims. The plea change was a lesser charge compared to the original charges for which he faced a potential life sentence.
In 2019, Winslow Jr. was convicted of multiple charges including forcible rape. But, the jury deadlocked on some charges which forced a retrial. But, before that could happen things took a surprise turn, when Winslow Jr. agreed to plead guilty to charges of rape, indecent exposure, and lewd contact.
At Winslow Jr.'s sentencing hearing in 2021, the judge stated, “he’s a sexual predator, he preys on victims.”
“AB 124 allows individuals that are incarcerated or due to be sentenced to introduce all kinds of factors that the law didn’t previously allow them to,” said Los Angeles attorney Matthew Barhoma. “Provisions of that include any kind of childhood trauma, any kind of psychological trauma, but especially if they were victims of inmate batter or sex trafficking.”
AB 124 was passed in 2021 and went into effect in 2022.
RELATED: Wife of Kellen Winslow Jr. files for divorce months after ex-footballer's conviction
Among its many provisions, state records show, “This bill would require the prosecutor, during plea negotiations, to consider in support of a mitigated sentence whether the person has experienced psychological, physical, or childhood trauma, was a youth, as defined, at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking.”
California state records also show, “This bill would require the court to impose the lower term if the person has experienced psychological, physical, or childhood trauma, was a youth, as defined, at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking, unless the aggravating circumstances outweigh the mitigating circumstances that the imposition of the lower term would be contrary to the interests of justice.”
“It applies forward looking at future sentencing, individuals that are due to be sentenced, they can use this law at their sentencing hearing. Also, it allows you to introduce the information retroactively and so you can introduce this evidence, these mitigating factors retroactively. Not only that, but it also modifies sentencing guidelines a little bit meaning the retroactive portion, so if the court is satisfied it must lower the sentence to a lower term. So it changes and modifies the sentencing structure a little bit,” Barhoma said.
In the court filing, Winslow Jr. attached testimony from his sentencing hearing noting experts for his defense team, “found him to be suffering from mild traumatic brain disorder, as well as potentially CTE.”
RELATED: Kellen Winslow Jr. tells 10News he's 'innocent' in rape case
According to the Mayo Clinic, CTE or Chronic traumatic encephalopathy is a term to describe brain degeneration likely caused by repeated head traumas. A CTE diagnosis can only be made at an autopsy.
In his court filing, Winslow Jr. also included an article titled, “Traumatic brain injury linked to incarceration.”
Winslow Jr. also attached a declaration that alleges “childhood trauma.”
In a statement, a spokesperson for the San Diego County District Attorney’s office wrote, “We have not received Mr. Winslow [Jr.'s] habeas. Once it has been received, we will evaluate it for next steps. We do believe that Winslow [Jr.] received a fair trial and sentence for this serious sexual assault case. We will review everything, but with justice for the victims at the forefront of our consideration.”
In Winslow Jr.'s filing, there was also a handwritten petition to waive the prohibition against leaving the state. He asked the court to transfer the parole period to the State of Florida.
In the filing Winslow Jr. wrote, “Defendant attended and played football for a college in Florida (the University of Miami) has friends or extended family that will agree that a fresh start in the state where he excelled, would be in his best interest, to further or advance a career in coaching football which is what he would like to pursue as soon as he is given that opportunity to do upon release.”
According to CDCR records, Winslow Jr. isn’t eligible for parole until August of 2028.
