Outside of court afterward, Kellen Winslow’s attorney, Marc Carlos, declined to explain his client’s decision not to testify, saying he would wait for closing arguments.
Brent SchrotenboerVISTA, Calif. — The defense team for Kellen Winslow II rested its case here Monday after the former NFL star made a strategic decision to plead the Fifth Amendment and not testify against himself in a rape trial that could send him to prison for the rest of his life.“I am not going to testify, Your Honor,” Winslow told Judge Blaine Bowman.
Former NFL player Kellen Winslow Jr. attends a preliminary hearing, Wednesday, July 11, 2018, in San Diego, Calif. Winslow is accused of two counts of kidnapping and rape, exposing himself to another person and entering the homes of two others with the intent to rape them. ORG XMIT: CADIU801The decision to not testify still comes with significant risk in a case of “he said, she said” involving competing claims of consensual sex vs. rape.
“I’ve done almost 80 jury trials, and every single time I go and talk to them, the jurors say, `I wanted to hear from your client,’” said M. Dod Ghassemkhani, a San Diego criminal defense attorney who is not involved in the Winslow trial but is following it. “At the end of the day, they’re human. In opening statements, Watkins said some things that can only be backed up with Kellen. He said `no-strings attached sex.
Owens then spoke up and objected, arguing it was “hearsay.” If the detective had testified about Winslow’s claims to him last year about consensual sex, it could have been a way for the jury to hear this claim without Winslow taking the stand – a potential “back door” that Owens immediately tried to shut.
Carlos said outside of court afterward that they knew that Winslow’s statement to Johnson last June would not be allowed in trial that way. He said the defense team instead was hoping to establish that Winslow’s demeanor with the detective was cooperative, contrary to evidence in the trial that might show consciousness of guilt.
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