Trial Attorney Says He Is Surprised That Kellen Winslow Pleaded Guilty | Summary and Q&A

TL;DR

Kellen Winslow unexpectedly pleads guilty to certain charges in his retrial, leaving legal experts surprised.

Key Insights

• 😄 The guilty plea in Kellen Winslow's retrial came as a surprise, considering the unresolved counts from the previous trial.
• 😄 Taking a plea deal provides certainty and avoids the risks associated with another trial, which may have influenced Winslow's decision.
• 😄 The defense's mention of a potential CTE diagnosis raised questions about the plea timing and the need for further evaluation.
• 😄 The court's handling of the guilty plea raised concerns, with suggestions that more time should have been given for thoughtful consideration.

Transcript

well this was a surprise except for those of us who try cases and know that sometimes on a retrial your best deal comes from the prosecution so I would like to bring my fabulous wonderful guests in to discusses with me and oh my gosh Bernardo Villalona trial attorney extraordinaire you and I have known each other for a while by afar and we finally ... Read More

Questions & Answers

Q: Why did Kellen Winslow decide to plead guilty after a hung jury in his first trial?

Taking a plea deal eliminates uncertainty and guarantees knowledge of the outcome and sentence, which can be appealing compared to the unpredictability of a retrial.

Q: Was it surprising that Winslow pleaded guilty to certain counts but not others?

It was unexpected because some of the counts that went undecided by the jury in the first trial were included in the guilty plea, raising questions about the defense strategy.

Q: Could Winslow's potential CTE diagnosis have influenced the plea decision?

The defense mentioned CTE as a possible factor, which may have warranted further time and evaluation before proceeding with the plea. The court could have considered this before accepting the guilty plea.

Q: Is it difficult to reverse a plea once it has been entered?

Generally, it is challenging to reverse a plea once it has been made, as it requires demonstrating that the plea was not entered voluntarily or knowingly. It is important for defendants to fully understand the consequences before accepting a plea deal.

Summary & Key Takeaways

• Kellen Winslow was convicted of three counts, including forcible rape, in his retrial, but the jury was hung on nine other counts.

• Winslow pleads guilty to a sexual battery charge, despite the jury being split 7-5 in the first trial, indicating uncertainty in retrial outcomes.

• The decision to plead guilty may have been influenced by the potential sentence and the unpredictability of jury verdicts.