Ex-NFL player Kellen Winslow II's attempt to have his prison sentence shortened has been denied.
Kellen Winslow II, the former tight end for the Cleveland Browns, has once again faced a setback in his efforts to reduce his 14-year prison sentence under new criminal justice reform measures. The California Court of Appeal has denied his habeas corpus petition, stating that Winslow's arguments are procedurally barred since he could have raised them during his direct appeal years ago but chose not to do so.
According to the court's order, “A defendant cannot raise claims via a habeas corpus writ petition that could have been raised on direct appeal.” At 41 years old, Winslow was sentenced to 14 years in March 2021 after being found guilty of multiple 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. He accepted the sentence as part of a plea deal but has since sought to be resentenced under laws that were enacted after his sentencing.
In his petition, Winslow referenced AB 124, a state law designed to assist criminal defendants who have faced “psychological, physical, or childhood trauma.” This law mandates that courts impose a lesser sentence if the defendant has experienced such trauma, unless there are aggravating factors. Winslow pointed to brain injuries sustained from playing football and childhood sexual abuse as reasons for his request.
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He is seeking a two-year reduction in his sentence “in line with the new laws that have come into effect since his incarceration,” as stated in his attorney's filing from November. The filing emphasized, “Petitioner (Winslow) is not trying to evade punishment, but rather is requesting a hearing to assess how his brain injuries may have influenced the decision-making that led to his offenses.” It also noted that the Legislature indicated individuals who have suffered trauma and abuse in childhood (such as sexual abuse) might be considered less culpable than those who have not faced such burdens.
What was Winslow's earlier appeal about?
In 2021, Winslow submitted an appeal regarding his sentence, requesting 233 days of custody credit for the time he spent under electronic monitoring.
This appeal was still pending when new state laws came into effect, but Winslow's attorney did not address these new issues at that time. The Court of Appeal indicated that these matters should have been raised earlier and dismissed the current attorney's claim that Winslow's previous counsel was ineffective for not doing so in 2021-22. The appeals court stated, “Even if we consider the claim of ineffective assistance of counsel, Winslow does not present any declaration from his prior counsel explaining why these claims were not raised on direct appeal.”
The court also mentioned that there could be a “conceivable reason” for Winslow's appellate counsel not to have brought up these claims during the direct appeal in 2021-22. The ruling highlighted that, as pointed out by the Attorney General, applying the new legislative changes to Winslow's sentence could potentially lead to the plea agreement being overturned, resulting in a longer prison term than he currently faces.
Winslow has described himself as a 'role model in prison.' Justices Martin Buchanan, Julia Kelety, and Jose Castillo reviewed Winslow’s petition and denied it on January 2. He is currently incarcerated in Norco, California, with a parole eligibility date set for September 2028, according to state records. Previously, he sought a sentence reduction for similar reasons but was turned down by a San Diego County judge in 2023. Subsequently, he engaged a new attorney to file the latest petition in September.
In a declaration accompanying that petition, Winslow expressed feeling "remorse for what I did to the victims in my case." His attorney, Patrick Morgan Ford, also mentioned in a November court filing that Winslow "has committed himself to self-improvement while in prison."
Kellen Winslow II Timeline
1983:
- Kellen Winslow II is born on July 21 in San Diego, California.
2001-2003:
- Winslow plays college football at the University of Miami, earning recognition as one of the top tight end prospects.
2004:
- Winslow is selected by the Cleveland Browns as the 6th overall pick in the first round of the NFL Draft.
2004-2007:
- Winslow plays for the Cleveland Browns, where he has notable performances despite facing injuries. He becomes one of the top tight ends in the league.
2009:
- Winslow is traded to the Tampa Bay Buccaneers, where he continues his career as a starting tight end.
2013:
- Winslow signs with the New England Patriots, but his tenure is short-lived, and he is released before the regular season starts.
2014:
- Winslow attempts to return to the NFL, but his comeback is unsuccessful.
2018:
- Winslow is involved in a series of criminal offenses involving multiple women in San Diego County, including the rape of an unconscious woman and a homeless woman. He is arrested in connection with these incidents.
2019:
- Winslow is convicted of multiple sex crimes, including rape, and sentenced to 14 years in prison in March.
2021:
- Winslow begins serving his prison sentence at a facility in California.
2023:
- Winslow files for a reduction in his prison sentence, citing new laws related to trauma and brain injuries from his football career. The petition is denied.
2028:
- Winslow is eligible for parole, according to state records.
This timeline summarizes key moments in Kellen Winslow II's life, including his football career and legal troubles.
