The California Supreme Court has rejected a bid by former NFL tight end Kellen Winslow II to get his 14-year prison sentence reduced after he was convicted of sex crimes against five women in San Diego County, including the rape of a homeless woman in 2018.
Winslow’s attorney had filed the habeas corpus petition in March, arguing that recent criminal justice reform laws in California allowed for him to be resentenced to account for his history of head trauma in football and the alleged sex abuse he suffered as a minor.
But the petition was denied by the Supreme Court July 23 with only a brief explanation. The court cited precedent and said a habeas corpus petition “must include copies of reasonably available documentary evidence.” It also said that “courts will not entertain habeas corpus claims that could have been, but were not, raised on appeal.”
The latter reason was why his petition also was rejected by a state appeals court in January. Winslow, 42, currently is incarcerated at a prison in Chino, California, and is not eligible for parole until August 2028, according to state records. He played football at the University of Miami and was the No. 6 overall draft pick of the Cleveland Browns in 2004.
What was Kellen Winslow II’s argument?
His attorney, Patrick Morgan Ford, asked the court to grant the petition or order an evidentiary hearing so that he may be returned to be returned for resentencing under the new sentencing laws. He ultimately sought a two-year reduction in his 14-year sentence, which was issued in 2021.
“Petitioner (Winslow) is not asking to be released from prison at this time, but he does meet the criteria for relief under (state law) AB 124, given the trauma (brain damage) he received in his life of football, physical and sexual abuse he was subjected to as a child, and the impact of his debilitating motorcycle accident” in 2005, Winslow’s petition stated.
The attorney argued the new laws would have changed the sentencing analysis and led to a more favorable sentence. He also noted Winslow was given neuropsychological testing “which showed deficits caused by decreased blood flow in his frontal, temporal and occipital lobes, which is typical of traumatic brain injury.”
The Supreme Court still found a procedural problem with the petition. Winslow previously filed an appeal of his sentence in 2021, when he sought 233 days of custody credit for time he spent on electronic monitoring. That appeal was pending when the new state laws went into effect, but Winslow’s attorney didn’t raise those issues at the time. The state appeals court previously said he should have raised those issues then and rejected his petition.
Winslow’s life in prison described
Winslow agreed to a plea deal for his crimes, which included the rape of a woman who was unconscious in 2003. In a previous bid to get resentenced, Winslow said in a declaration filed with the court that “I will always feel remorse for what I did to the victims in my case.”
“Since entering prison, he has devoted himself to the teachings of the Bible, to helping others, to self-improvement and a productive life outside of prison, a plan that will include ongoing therapy,” Winslow’s petition to the state Supreme Court stated. “He is actively programming in prison, and is described by the director of his Anger Management class as a role model to other participants in the group. He is on a strict running program training for marathons, and has other inmates in the program as well. Inmates have sent letters expressing their gratitude for his support during their dark and difficult struggles in prison.”
Winslow’s father Kellen, a Pro Football Hall of Famer, attended his son’s trial in San Diego County and also claimed injuries from head trauma in football.
Kellen Winslow II’s attorney didn’t immediately respond to a message seeking comment.
Follow reporter Brent Schrotenboer @Schrotenboer. Email: bschrotenb@usatoday.com
This article originally appeared on USA TODAY: State Supreme Court denies appeal from ex-NFL star Kellen Winslow II
