His 14-year sentence will remain intact
Former Cleveland Browns tight end Kellen Winslow II has been denied for a second time in an effort to reduce his 14-year prison sentence. This time, his filing revolved around new criminal justice reform laws in California where he is currently housed.
The California Court of Appeal rejected his habeas corpus petition. The document stated that Winslow could have asked for a claim years ago but failed to do so which was the reason for the denial. This claim was deemed “procedurally barred.”
The order stated that a defendant “cannot raise claims via a habeas corpus writ petition that could have been raised on direct appeal.”
Winslow’s attorney, Patrick Morgan Ford, stated that the former NFL player will now attempt to get his sentence reduced by submitting a petition to the California Supreme Court.
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In 2004, Winslow II out of the University of Miami was the Cleveland Browns’ number one draft pick and he proclaimed he was “The Chosen One.”
Winslow II was a highly-touted offensive threat coming out of college where he was a unanimous All-American and had captured the John Mackey Award for college football’s best tight end. The Browns were slated to select at the number 7 slot in the first round, then traded a second-round pick and swapped one position with the Detroit Lions in order to take him with the sixth overall pick.
His first two seasons in Cleveland were a wash as Winslow, Jr. broke his right fibula his rookie year and then had a motorcycle wreck that eliminated his entire sophomore season. He rebounded with his best season in 2007 where he gained 1,106 yards on 82 receptions, five TDs, and made the Pro Bowl. The following year he dipped to 43 catches for 428 yards and a mere three TDs.
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He was traded to the Tampa Bay Buccaneers for a second and fifth-round draft pick where he flourished and had his best years in the league. He then had stints with the Seattle Seahawks, New England Patriots, New York Jets and then had a workout with the Green Bay Packers before ending up in The Spring League in 2017.
Winslow’s charges span a wide array of time periods. His first bout with the law occurred in January 2014 when he was charged with drug possession.
In 2018 he was charged with felonies of sexual assault on the same homeless woman twice as two counts of forcible rape, plus first-degree burglary, two counts of kidnapping with intent to commit rape, one count of forcible oral copulation, one count of forcible sodomy, one count of indecent exposure and two counts of residential burglary. In addition, he had misdemeanor charges of elder abuse, battery of an elderly person, and lewd conduct.
His bail was revoked in 2019.
With a litany of charges, Winslow II was facing the possibility of life in prison. He took a plea deal for 14 years in prison for multiple rapes and other sexual offenses against five women in Southern California.
At the time, San Diego County Superior Court Judge Blaine Bowman said Winslow II can only be described with “two words, and that is sexual predator” with “brazen” crimes.
The 14-year sentence was the maximum allowed under the plea deal. Winslow II was convicted of forcible rape, rape of an unconscious person, assault with intent to commit rape, indecent exposure, and lewd conduct in public.
Winslow II had submitted a claim in 2023 to have the sentence reduced once before and it was also rejected. This time around, his petition cited AB 124, a California law intended to help criminal defendants who previously experienced “psychological, physical, or childhood trauma.” He was asking for a two-year reduction.
This new law opened the door for Winslow II. He claimed he had brain injuries from playing football, and was sexually abused during childhood. A psychologist found he had CTE symptoms.
A portion of this filing stated:
“Petitioner (Winslow) is not seeking to avoid punishment but rather seeks a hearing to determine the impact of his brain injuries on the decision-making that led to the crimes he committed. The Legislature suggested that those who had suffered trauma and abuse as a child (sexual abuse in this case) may be less culpable than those convicted of the same offenses who were never burdened by such problems.”
Reportedly, Winslow II has changed and is involved in Bible study, therapy, self-improvement as well as physical fitness. He has admitted remorse and is known as a role model in prison.
Winslow II is currently incarcerated at the California Correctional Institution in Tehachapi, California.