Ex-NFL star Kellen Winslow II loses bid to reduce prison sentence
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SAN DIEGO – Former Cleveland Browns tight end Kellen Winslow II has again been denied in an attempt to reduce his 14-year prison sentence under new criminal justice reform laws.
The California Court of Appeal this time rejected his habeas corpus petition, ruling that Winslow’s claims were procedurally barred because he could have raised his claims on direct appeal several years earlier but did not.
“A defendant cannot raise claims through a habeas corpus writ petition which could have been raised directly on appeal,” the order dismissing Winslow’s petition said.
Winslow, 41, was sentenced to 14 years in prison in March 2021 after pleading guilty to sex crimes against five women in San Diego County, including the rape of an unconscious woman in 2003 and the rape of a homeless woman in 2018. Was involved. The former NFL first-round draft pick agreed to the sentence in a plea agreement, but has since sought resentencing under criminal justice reform laws passed after his sentencing in 2021.
Why did Kellen Winslow II ask for an outrage?
Their petition cited AB 124, a state law intended to help criminal defendants who previously experienced “psychological, physical, or childhood trauma.” AB 124 requires the court to impose a lower sentence term if the defendant has experienced such trauma, unless there are aggravating circumstances.
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In Winslow’s case, he cited brain injuries from football and childhood sexual abuse. According to his lawyer’s filing in November, he asked for a two-year reduction in his sentence “to be consistent with the new laws that took effect after he went to prison.”
“Petitioner (Winslow) is not seeking to avoid sentencing, but rather wants a hearing to determine the impact of his brain injuries on the decision-making that led to the crimes he committed,” the filing states. “The Legislature suggested that people who suffered childhood trauma and abuse (in this case sexual abuse) might be less culpable than people convicted of the same crimes who were never charged with such Wasn’t burdened with problems.”
What was Winslow’s previous appeal?
Winslow previously filed an appeal against his sentence in 2021, when he sought 233 days of custody credit for time spent on electronic monitoring. That appeal was pending when the new state law took effect, but Winslow’s attorney did not raise those issues at that time. The Court of Appeal said he should have raised those issues then and also rejected the suggestion by Winslow’s current lawyer that Winslow did not raise these issues in 2021–22 due to ineffective counsel.
The appeals court order states, “Even if we consider the claims of ineffective assistance of counsel, Winslow does not present any declaration from his former attorney stating that these claims directly relate to Why was it not taken up on appeal?
The appeals court said there is at least a “conceivable reason” for Winslow’s appellate counsel not to raise these claims on direct appeal in 2021–22.
The appeals court said in its decision, “As the Attorney General has noted, implementing these legislative changes to Winslow’s sentencing could ultimately void the plea agreement and result in Winslow receiving a longer prison sentence than his current sentence.” “
Winslow was called a ‘role model in prison’
Winslow’s petition was considered by Justices Martin Buchanan, Julia Keleti and Jose Castillo, who issued their rebuttal on January 2. According to state records, Winslow is currently serving a sentence in Norco, California and is not eligible for parole until September 2028.
He had previously attempted to have his sentence reduced for similar reasons, but was rejected by a San Diego County judge in 2023. He then hired a new lawyer to file the latest petition in September. In a declaration submitted with that petition, Winslow said he was “repentant for what I did to the victims in my case.”
His attorney, Patrick Morgan Ford, also said in a November court filing that Winslow “has committed himself to self-improvement while in prison.”
“He is committed to therapy, the Bible, self-improvement and helping others,” the filing said. “He has been a role model in prison.”
Follow reporter Brent Schrotenboer @Schrotenboer. Email: bschrotenb@usatoday.com