What to Know
- Kellen Winslow, Jr faces life in prison if convicted of allegations of sexual assault, rape and lewd conduct.
- Winslow has said in the past the allegations are "a money grab."
- The trial is expected to last until mid-June.
Testimony in the rape trial of Kellen Winslow, Jr. resumed Wednesday with jurors hearing more from women accusing the former NFL player of sexual assault and indecent exposure.
The son of Chargers great Kellen Winslow, is accused of raping or sexually assaulting five women in separate incidents ranging from May 2018 to earlier this year.
When testimony resumed after the holiday weekend, jurors heard from forensic science experts about DNA samples removed from Winslow's vehicle and items seized from his Encinitas home. They also saw images of Winslow's tattoos and still images of him wearing gear used for cycling from a store surveillance camera.
The extensive tattoos on the defendant's back, chest and arms were entered into evidence because some of the descriptions from women accusing Winslow of crimes have mentioned tattoos on the suspect's skin.
On Wednesday, Jane Doe 4 testified in court about her relationship with Winslow and recalled the night of her alleged rape.
Jane Doe 4 first met Winslow in June 2003 at a party in Scripps Ranch, she said. Some members from that party then went to a smaller gathering of about 20 people later in the night, where Jane Doe 4 and Winslow were flirting.
“Light flirting, you know, sitting close, nudging each other – just being silly, flirty teenagers,” she said in court Wednesday. “Me and him ended up walking upstairs to a bedroom.”
After the two began to have sex, Jane Doe 4 said Winslow’s friend entered the room – a person Jane Doe 4 said she had never seen before.
“I was, like ‘Woah, what’s going on?’ and he (Winslow) says, ‘He’s just gonna watch,’ and I said, ‘I’m not okay with that,’” Jane Doe 4 testified.
Jane Doe 4 said Winslow did not force her to stay or was abusive at this point. She said Winslow asked if she would let him finish before she left to which Jane Doe 4 said no.
Jane Doe 4 said she then left the party with a friend.
A few weeks later, on June 20, 2003, Jane Doe 4 went to another party in Scripps Ranch. Here, she said she had two to three beers and was “gradually” feeling buzzed.
“As we were leaving, they (Kellen and his friend) were coming up and had saw us and we waved them down,” Jane Doe 4 said.
Jane Doe 4, two of her friends, Winslow, and Winslow’s friend left the party and met at a gas station to regroup and decide what to do that night, she testified in court Wednesday.
While at the gas station, Jane Doe 4’s friend took a photo of Jane Doe 4 and Winslow inside a car. At this time, Jane Doe 4 said she felt safe with Winslow.
Prosecutors asked Jane Doe 4 why she kept that photo after the alleged rape. She said, “To remind myself that anything’s possible – that somebody can harm you.”
Jane Doe 4’s friends decided to go to a party to check on someone, and Jane Doe 4 decided to go to a townhouse with Winslow and his friend. Jane Doe 4 said she thought her friends would met her at the townhouse later that night.
Jane Doe 4 said the townhouse was empty when they arrived. She went to the restroom to freshen up.
“I remember being in the bathroom, washing my hands and trying to sober up,” Jane Doe 4 said. “I felt the need to, like, put some water on my face, drink some water, use the restroom – kind of, get it together, because I was feeling the effects of the beer.”
She said Winslow then knocked on the bathroom door and told her to hurry up. Jane Doe 4 then said she sat down on a couch while Winslow and his friend were in the kitchen.
Then Jane Doe 4 said everything went black.
“I opened my eyes and my face was being pushed into (Winslow’s friend’s) groin area,” she testified.
The defense questioned what Jane Doe 4 could remember about her “blackout.” They referenced an interview Jane Doe 4 had with prosecutors before the trial, where she said, “I don’t know what I may have started” and “‘If I started it or he started it, or if I said something, but in my mind, I was, like, I would never like that.’”
Jane Doe 4 said she has had more than three beers, on more than one occasion, prior to June 2003, but she hasn’t blacked out before.
Jane Doe 4 said she regained consciousness as Winslow was allegedly penetrating her.
Winslow’s friend, according to Jane Doe 4, was lying on the bed with his legs open.
“He was holding onto my hair. And I’m pushing with both of my hands to get these guys to stop, and I just keep telling them to stop,” she said.
Jane Doe 4 said Winslow’s friend got up and told Winslow to stop, but Winslow reportedly continued.
“I turn my head to the left, and somebody was there holding a camera,” Jane Doe 4 said through tears. “He kept going and I kept saying, “Stop, stop.’”
Winslow’s friend told Winslow to stop and he did, according to Jane Doe 4.
Winslow didn’t say anything and left the room. When Winslow returned, he said, “She’s just a stupid (expletive),” to his friend and left again, according to Jane Doe 4.
Winslow’s friend asked her if she “felt like she had been raped,” three times and then drove Jane Doe 4 to her friends, she said in court Wednesday.
“I was just crying hysterically,” Jane Doe 4 said.
Once reunited with her friends, Jane Doe 4 got into her friend’s car. While in the front passenger seat, she said she heard her friend talking with Winslow’s friend. She heard someone say, “This would destroy his career.”
“(My friend) asked me what happened, and all I could say was I told him to stop,” Jane Doe 4 said.
Jane Doe 4 did not call the police at this time.
“This 17-year-old drinking underage. I’d slept with him two weeks prior. I didn’t think anybody would believe anything I had to say,” she said.
Jane Doe 4 said she didn’t know who Winslow was or who his father was – a professional football player with the San Diego Chargers.
“The next couple days, I found out who he was, who his father was, and what he was up to,” she said. “Why would anyone believe some girl that got drunk to who his father is – this well-known man who’s been in the NFL and the Hall of Fame, and pristine person – why would his son do something so disgusting?”
Shortly after the reported assault, Jane Doe 4 moved to Hawaii, where she began dating a man in December 2003.
In January 2004, Jane Doe 4 said she began experiencing nightmares and flashbacks.
“He woke me up because I was screaming and crying, because I was having flashbacks of what happened between myself and Kellen and other individuals, multiple times, he said, to shake me and wake me up,” she said.
Jane Doe 4 said she told her then-boyfriend about the alleged rape. Overall, she said she told her friend, her boyfriend in Hawaii, and the man who would be later become her husband about the assault.
It wasn’t until she saw an article in the San Diego Union-Tribune that she would tell the police.
On Snapchat, Jane Doe 4 said she saw a news story about Winslow’s arraignment on charges of sexual assault in June 2018. When she saw his picture, she messaged her friend from the night of the assault.
Now living in North Carolina with her husband and two daughters, Jane Doe 4 hadn’t spoken to her friend in a while. Prosecutors asked why she would reach out now.
“’Cause she’s my person. Even though, you’re so far from one and other, you may have not talked in years, may not see your kids, she’s still that person that’s going to know how you felt or saw that you felt,” Jane Doe 4 said.
Jane Doe 4’s friend and husband both told her that it’s time to tell her story.
“It actually wasn’t even them two. It was my kids,” she said. “I look at two innocent girls and never would want them to ever feel like they didn’t have a voice – that it’s okay to say no and be able to speak up and tell their truths.”
Jane Doe 4 said she needed closure.
On Wednesday, Jane Doe 5 took the stand to testify about two incidents at a Carlsbad gym where she claimed Winslow exposed himself in February 2019.
Jane Doe 5 said she frequents Crunch Fitness. She attends with her husband, usually three times a week, at around 12 p.m. when the gym isn’t so crowded. The couple typically works out separately from each other.
She said on February 13 a man – she later identified as Winslow – came to work out on a machine next to her in an empty area on the second floor of the gym.
“From time to time, he always moved his head to the left to where I was,” Jane Doe 5 said. “But it’s not unusual, people look at other people at machines – sometimes waiting for the person to finish the machine, to use it.”
She said Winslow was using a machine similar to a thigh abductor, where he would open and close his legs.
“He had his legs open, and he was touching his penis, and he was just kind of stroking or something like that,” she said. “The moment that I saw this happening was when I was right next to him.”
Jane Doe 5 claimed Winslow was looking at her as he was “stroking his penis.”
“I want for him to leave. He didn’t belong there, so I asked him to leave the machine. I asked him to let me use the machine,” she said.
Winslow then got up from the machine and left.
“I was so upset. I was feeling so bad, but I only wanted him to leave,” she said. “I don’t want for him to make me scared. I wanted to continue to do my routine.”
Later that day, Jane Doe 5 said Winslow returned and walked right up next to her – roughly four feet away – and began doing stretches while displaying an erection.
“I wanted to say something, but I couldn’t so I was just probably frozen of fear. And he said to me, with a very funny and happy face, ‘Do you see this?’ pointing to his penis … ’Do you like it?’” she said. “When he said that to me, it looks like I just – I wake up, I react, because before I wanted to ask him to leave me alone, to move from there, but I couldn’t. I was thinking but I couldn’t talk. But at that moment, when he said that to me, ‘Do you like it?’ my reaction was – what – raising my voice, I said, ‘What did you just say to me?’”
Jane Doe 5 said the man then left and went downstairs.
Shortly after, she spotted her husband and thought, “I will never, I will never share this with anybody. I will not report him. I’m going to keep this for myself.”
She testified that she didn’t want to report him because she didn’t know how her husband would react.
“I didn’t want to put my husband in any kind of trouble,” Jane Doe 5 said.
But then, in the car ride home, Jane Doe 5 said she changed her mind and told her husband what happened.
“I told him (Jane Doe 5’s husband) he’s a tall, black guy with tattoos all over his arms. That’s all I said to him,” she said.
Jane Doe 5’s husband to her to report the incident, but she refused. And the woman didn’t see Winslow again until February 22 at the same gym.
Jane Doe 5 was in a hot tub, where she believed she was alone.
“I was in the jacuzzi a few minutes, and then I saw this person standing by the men’s locker room, wearing the same exactly that he wore on the first incident,” she said, referencing Winslow.
She claimed Winslow grabbed a drink from the water cooler and looked at her as he drank. He then returned to the men’s locker room, which is marked by a frosted glass door.
“A few minutes later, I can see his silhouette next to the door, and he’s bending down, trying to do something to his leg,” Jane Doe 5 said. “And my thinking was, he’s just trying to scare me.”
Shortly after, she said Winslow came out again, but this time, he was only wearing a small towel around his waist.
Jane Doe 5 described the towel as a small one that the gym provides to wipe down machines, not the larger towels used for showering. The towel rested roughly six inches above his knee, according to Jane Doe 5.
“He’s looking at me and just kind of smiling and he pointed at his bathing suit on top of the bag, like happy – showing me that his bathing suit was there,” she said, implying that Winslow was not wearing a swim suit under his towel.
He then reportedly walked toward the hot tub, where Jane Doe 5 could only stare at the water in fear.
“He came and sat right by my side,” she said. Winslow allegedly sat about 18 inches away from her. “I couldn’t do anything. I guess when you’re so afraid you just kind of frozen. You can’t move, you can’t do anything. I’m just sitting there.”
Then Jane Doe 5 claimed the man began to masturbate.
“His hand was down in the water, and all I notice is his arm,” she said.
The hot tub jets were on and Jane Doe 5 described a layer of foam in the water, making it difficult to see under the water.
“He was masturbating,” she testified. “I can feel the water coming from his side to my side.”
During the incident, Jane Doe 5 said Winslow didn’t say anything to her.
“I don’t want to look at him. I don’t want to talk to him. I don’t want to see him, so I just look at foam. I don’t know what else to do,” she said. “I was petrified.”
Then she said Winslow touched her.
“With his right hand, he touched my left arm. He grabbed my arm,” she said. “With his leg, he touched my left leg, with his foot.”
Jane Doe 5 said she moved toward the wall to try and avoid him.
“I was able to ask him, ‘Was it your foot that just touched my leg,’ and his answer was, at that moment, ‘If the jets go off, how do we put them back?’” she said.
At this point, Jane Doe 5 said she noticed a third person in the hot tub, who had been sitting off to the right. This third person then got up and left.
Winslow started “rubbing his hands, very happy, he said, ‘It feels so good.’”
Shortly after, Jane Doe 5’s husband entered the hot tub and pool area.
“As soon as I saw my husband, I left the jacuzzi and went into the big pool and I went and talked to my husband,” she said.
Jane Doe 5 said she didn’t tell her husband about the incident immediately, but she pointed out Winslow, who was still in the hot tub, to her husband to show him the man from the first incident.
“I just thinking, ‘Why me? Why the second time this happens to me?’” Jane Doe 5 said.
Soon after, Winslow left the hot tub, grabbed his bag, and entered the men’s locker room.
Jane Doe 5’s husband told her to report the incidents to the gym’s manager. However, the manager was gone for the day, so they returned three days later to report the misconduct.
Jane Doe 5 said she wanted Winslow kicked out of the gym, “nothing more.”
Forensic scientist Mike Palermo with the Scottsdale Police Department in Arizona testified Tuesday about DNA samples found inside Winslow’s Hummer.
DNA from six locations inside the SUV were questioned by prosecutors: the front passenger-side door panel, the front passenger-side seat belt, the rear passenger-side seat belt, the rear driver-seat belt, the rear middle seat area, and the rear floorboard area.
On the front passenger-side door panel, a DNA sample matched Winslow’s profile and excluded the possibility of Jane Doe 1’s and Jane Doe 2’s DNA, according to Palermo.
Semen stains were found on the rear middle seat and rear floorboard areas, the forensic scientist testified Tuesday.
“The DNA profile obtained from that item matched the DNA profile from Kellen Winslow,” Palermo said.
The samples in these two areas excluded the possibility of Jane Doe 2’s DNA, he said.
Palermo said DNA samples from the front passenger-side seat belt and the rear driver-seat belt provided inconclusive results. As for the rear passenger-side seat belt, the results excluded Jane Doe 1 and were inconclusive for Jane Doe 2 and Winslow.
Prosecutors alleged Winslow tried to sell his car because one of the sexual assaults was believed to have occurred inside the Hummer.
Prosecutors asked a crime and intelligence analyst about a series of text messages between Winslow’s iPhone and another person about potentially selling Winslow’s Hummer.
Jane Doe 3 testified last week that a man exposed himself to her while she was gardening. She told jurors when she realized what was happening at her Lake Drive home on May 24, 2018, she didn't want to look at the man's face.
She said it was the second encounter with a man who called himself 'David' who lived on her street.
She was the third woman in as many days to testify in the case regarding sexual assault, rape and lewd conduct.
Jane Doe 2 answered questions about the time she got into the car of a man she recognized and was offered money for sex and then raped.
Jane Doe 2 was 59 when she entered the SUV of a man she knew as "Kevin" on May 13, 2018 on Vulcan Avenue. She said he drove her to a dark area on Manchester Drive, put his hands around her throat and threatened to kill her.
Prosecutors argue that "Kevin" is Kellen Winslow, Jr. and have told jurors the former professional football player preyed on several women in close proximity to his Encinitas home.
The defendant's attorneys argue the sex between their client and his accusers was consensual.
Jane Doe 1, 55, testified last week she was hitchhiking when she was picked up by a man who called himself "Dominic" and driven to a shopping center parking lot where she was raped in the vehice. At an earlier court hearing, Jane Doe 1 incorrectly identified her attacker by pointing to the defense attorney instead of the defendant.
Jane Doe 1 told jurors she has been sober for 30 years, however, defense attorney Marc Carlos asked about her 11 arrests for public intoxication.
The daughter of Jane Doe 1 took the stand Wednesday, recalling red flags after the alleged assault of her mother.
Jane Doe 1’s daughter, who’s in her 20s, said she noticed blood in the crotch area of a pair of her mother’s white pants in March 2018. She said her mom asked her about STD testing and how to contact to the San Diego County Sheriff’s Department.
Somewhat concerned, the woman asked her mom what was going on, and Jane Doe 1 reportedly said she was attacked and was going to file a police report. Jane Doe 1’s daughter didn’t ask any more questions because she knew her mother wouldn’t answer them.
The defense questioned why the daughter didn’t call police sooner, and the daughter said she doesn’t trust the police because of her mother's past arrests for public intoxication.
Jane Doe 1’s daughter said she didn’t realize her mother was involved in the trail until late May.
Prosecutor Dan Owens said the woman's desire to hide her drinking should not obscure the fact that she was attacked.
Drafted No. 6 overall in 2004 by Cleveland, Winslow broke his right leg in his rookie season then sustained a serious right knee injury in a motorcycle accident that offseason.
He played for Cleveland, Tampa Bay, New England and the New York Jets.