Will Kellen Winslow II use a CTE defense in his second trial?

AP

Before the first trial of former NFL tight end Kellen Winslow, some speculated that his lawyers would try to attribute his alleged sexual violence and perversions to head trauma. They didn’t.

With Winslow now facing a retrial on eight of 12 counts on which the jury deadlocked, it’s fair to ask whether Winslow’s lawyers will reconsider their decision.

The recent item from Robert Klemko of SI.com regarding Winslow’s history and habits hints at what could happen the next time Winslow faces a judge and jury regarding allegations of rape and other sexual misconduct.

Kellen does have CTE, there’s no two ways about it,” a source close to the Winslow family told Klemko.

As Klemko notes, however, CTE still cannot be diagnosed in living patients.

“The way I view CTE is: Just like any debilitating brain disorder, it will bring out genetic problems and make them worse,” Dr. Robert Cantu, a Boston University professor of neurology and neurosurgery, told Klemko. “If you were genetically programmed to have a problem with, for instance, aberrant sexual behavior, put CTE on top of it and it’s just like pouring kerosene on a fire.

“However, you have to balance that with this: The overwhelming majority of people who commit the kind of acts that Kellen Winslow is alleged to have committed didn’t play football in the NFL, didn’t have repetitive head trauma, and, clearly, CTE wasn’t why they did what they did.”

As previously explained, an effort by Winslow’s lawyer to interject CTE into the case would result in a battle of expert witnesses, with one or more attributing his behavior to head injuries and one or more others debunking that theory. Moreover, to use a CTE-based defense to avoid legal guilt, Winslow’s lawyers would have to essentially admit factual guilt. It would be tricky, to say the least, for Winslow’s lawyers to take the position that he didn’t do it but that if it he did it, he did it because of brain injuries.

Given that Winslow’s lawyers did enough to avoid (or, perhaps more accurately, the prosecution didn’t do enough to obtain) convictions on multiple rape counts despite a finding of guilt on one rape charge, the game plan for the do-over may be to simply attack once again the credibility of the witnesses and the sufficiency of the evidence, hopeful for another hung jury. With Winslow’s freedom, possibly for the remainder of his life, hanging in the balance, it’s an important strategic decision for his lawyers to make.

24 responses to “Will Kellen Winslow II use a CTE defense in his second trial?

  1. He was acting like a pervert when he was a rookie, according to an earlier post on this site.
    You can’t blame all aberrant behavior on something, there are some people who are just worthless creeps…like Winslow.

  2. “The overwhelming majority of people who commit the kind of acts that Kellen Winslow is alleged to have committed didn’t play football in the NFL, didn’t have repetitive head trauma, and, clearly, CTE wasn’t why they did what they did.”

    That pretty much crushes the CTE defense right there. Especially since the people claiming he has it just “know it” without the proof which can’t be obtained while he’s living either way.

  3. How does CTE contribute to someone not knowing right from wrong but that same mind doesn’t have a problem with learning an offensive playbook?

  4. Ok, I but it, he has CTE.
    No prison.
    Instead life in a padded room wearing a straight jacket.
    Your decision Mr. Winslow.

  5. What a Joke! This like telling the jury I’m an alcoholic, so I couldn’t help slamming into that car and killing those 6 kids…….because I was DRUNK.
    I feel terrible for those players with CTE, especially those older ones that had no idea what they were doing to their Brains. But, THIS? NO WAY. Junior!!!!

  6. The SI article is must read for any SD Charger fan. Hard to believe per the story, that ANY former teammate of Kellen SR. would back Winslow & family publicly in court. Every parents nightmare. Now I kinda understand how Gregory Peck’s character felt in “The Omen” movie.

  7. CTE takes decades to develop yet the first case dates back to before even entered the NFL.

  8. The prosecution probably won’t try this again if they don’t think they learned enough from the first trial to be able to win this time. To try it again and lose or have a hung jury would be a bad look. Of course, to not try it again would be a bad look too. If they don’t feel confident they will win, gonna have to decide which is worse.

  9. #Florioisapunk says:
    June 15, 2019 at 12:40 pm
    A complete disgrace to his dad
    ______________________________

    His old man was a great player but isn’t winning any awards for being a good person.

  10. The way he was protected is ridiculous. They wouldn’t let everything come in. Of course, the defense blamed the victims. Wonder if the jury would have come to a different conclusion if everything was allowed? SAD. His teammates knew he was a snake.

  11. I think the DA is making a mistake here. A lot of the charges that were deadlocked were 7-5 and 8-4. The only charges that were close to conviction was the alleged rape from 2003, and I have ethical issues with pursuing a case for the first time more than 15 years after the fact based solely on an allegation. He’s going to prison for several years and will be a sex offender for the rest of his life. Why go through the expense of trial, and well I’ll blunt, public humiliation of one of the alleged victims who pointed out his ATTORNEY as her attacker?

    Winslow is no doubt a sick person, but lets not forget that he was actually acquitted on a couple of charges as well. This wasn’t as rock solid a case as it was made out to be.

  12. cadreamer1969 says:
    June 15, 2019 at 2:36 pm
    They wouldn’t let everything come in. Of course, the defense blamed the victims. Wonder if the jury would have come to a different conclusion if everything was allowed?
    ———————-
    There is a very good reason evidence of his history didn’t come in. A) Its totally irrelevant to the charges at hand and prejudicial. B) He didn’t testify so you can’t impeach his character. C) None of the stuff we just read about is criminal.

  13. So genetically he’s flawed. Ahhh, mankind, the only species that propagates and nurtures mistakes. Sweet.

  14. This is total bull. The guy sodomized some girl in college. I served 4 years in prison for sales and possession of marijuana and this guy has been sentenced for rape and only got 8 years so far? Our society is broken

  15. Memo to Jr.’s lawyer. Look, buddy, his father had an 8-year career, absorbed tons of physical punishment, was a gentleman on and off the field, was inducted in TWO Halls of Fame and, oh! by the way, he played all those years with equipment that didn’t protect half as well as the equipment that his son -the Soldja- used.

    So, no, I don’t think the CTE defense would work. Just sayin’…

  16. Doesn’t matter he’s doing alot of time on the charges he was convicted of already. Yeep, blame brain injury… sure.

  17. His lawyer may be right if CTE is an acronym for “My client is a knucklehead”.

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