Admin January 7, 2025
The former NFL first-round draft pick had cited brain injuries from football in his attempt to have his prison sentence reduced by two years.
SAN DIEGO – Former Cleveland Browns tight end Kellen Winslow II has been denied again in his attempt to have his 14-year prison sentence reduced under new criminal justice reform laws.
The California Court of Appeal this time rejected his habeas corpus petition and said that Winslow’s claims are procedurally barred because he could have raised his claims on direct appeal several years ago but did not.
“A defendant cannot raise claims via a habeas corpus writ petition that could have been raised on direct appeal,” said the order denying Winslow’s petition.
Winslow, 41, was sentenced to 14 years in prison in March 2021 after being convicted of sex crimes against five women in San Diego County, including the rape of a woman who was unconscious in 2003 and the rape of a homeless woman in 2018. The former NFL first-round draft pick agreed to the sentence in a plea deal but since has sought to be resentenced under criminal justice reform laws that passed after his sentencing in 2021.
Why Kellen Winslow II sought resentencing
His 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 term of sentencing if the defendant has experienced such trauma, unless there are aggravating circumstances.
In Winslow’s case, he cited brain injuries from football and sexual abuse he experienced in childhood. He sought a two-year reduction of his sentence “consistent with the new laws that have become effective since he went to prison,” according to filing from his attorney in November.
“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 filing stated. “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.”
What was Winslow’s previous appeal?
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 Court of Appeal said he should have raised those issues then and also rejected the suggestion by Winslow’s current attorney that Winslow didn’t raise these issues then because of ineffective counsel back in 2021-22.
“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,” said the order from the appeals court.
The appeals court noted there is at least a “conceivable reason” for Winslow’s appellate counsel to not have raised these claims on direct appeal in 2021-22.
“As noted by the Attorney General, applying these legislative changes to Winslow’s sentence may ultimately result in the plea agreement being vacated and Winslow receiving a prison term greater than his current sentence,” the appeals court said in its ruling.
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Winslow said to be ‘role model in prison’
Winslow’s petition was considered by Justices Martin Buchanan, Julia Kelety and Jose Castillo, who issued their denial on Jan. 2. Winslow currently is serving time in Norco, California, and is not eligible for parole until September 2028, according to state records.
He previously attempted to get his sentence reduced for similar reasons but was denied by a San Diego County judge in 2023. He then hired a new attorney to file the latest petition in September. In a declaration submitted with that petition, Winslow said he felt “remorse for what I did to the victims in my case.”
His attorney, Patrick Morgan Ford, also noted 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 stated. “He has been a role model in prison.”
Follow reporter Brent Schrotenboer @Schrotenboer. Email: bschrotenb@usatoday.com