Is former NFL tight-end Kellen Winslow Jr. right about CTE contributing to his illegal actions?
The case of the former Pro-Bowler raises tough questions about the legal system, while shining a light on the complicated issue of CTE in the NFL.
On the surface it appears to be a case of the former NFL player attempting to take advantage of a legal loophole. If we dig deeper, it’s a case that raises valid questions about the effects of CTE on players and whether or not they should in fact be held accountable for their actions.
Kellen Winslow Jr. wants prison sentence reduce because of trauma
According to reports, former NFL tight end, Kellen Winslow Jr., has requested that his 14-year prison sentence be reduced on the grounds of the physical trauma that he sustained while playing football. Winslow argues that said trauma entitles him to a shorter period of incarceration in keeping with a new California law. It is understood, that Winslow who is representing himself, sent a handwritten habeas corpus petition back in November from a state prison in Tehachapi, California.
A former first-round draft pick and Cleveland Browns player, Winslow received a 14-year sentence in March of 2021 under a plea arrangement which saw him convicted of forcible rape, rape of an unconscious person, assault with intent to commit rape, indecent exposure and lewd conduct in public. It’s worth noting that he initially faced a life sentence. He now faces parole in July 2028.
What ground does Kellen Winslow Jr. have to stand on?
As per reports, Winslow’s petition argues that the trauma he suffered during his career contributed to the offenses which he later committed:
“Petitioner contends he suffered physical trauma as a result from mild traumatic brain (sic) disorder, as well as potentially CTE. and this trauma was a contributing factor in the commission of the offense,” Winslow wrote by hand, referring to chronic traumatic encephalopathy, a disease associated with head trauma in football and is now increasingly being scrutinized as the league tries to address the issue. “Petitioner now seeks a remand for resentencing based on AB 124. Petitioner argues because physical trauma contributed to the offenses...the court is required to impose the lower term (of the sentencing considerations).”
The specific bill that Winslow is referring to, is Assembly Bill 124 which was signed into law by California Gov. Gavin Newsom in 2021. According to reports at the time, the bill was intended to help criminal defendants who have previously experienced “psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence,” requiring such issues to be considered during plea bargaining, sentencing or resentencing. Incidentally, Winslow’s legal representatives made similar line of argument during his sentencing, alleging that he had suffered in excess of 1,000 blows to his head during his football career, as well as head trauma from a 2005 motorcycle accident. As state above, he was sentenced to 14 years behind bars.
What’s been said about Kellen Winslow Jr’s petition?
Interestingly, the San Diego County District Attorney’s Office stated that it was yet to receive Winslow’s petition, however, it would consider it once it arrived:
“We have not received Mr. Winslow’s habeas,” San Diego County District Attorney’s Office spokeswoman Tanya Sierra said. “Once it has been received, we will evaluate it for next steps. We do believe that Winslow received a fair trial and sentence for this serious sexual assault case. We will review everything, but with justice for the victims at the forefront of our consideration.” It should be mentioned that Winslow also asked the court to waive a statute that barred him from leaving the state of California during his parole period, the reason being his desire to move to Floria to start a coaching career.
What did Kellen Winslow Jr. do?
Winslow’s 14-year sentence, followed an extensive legal battle over the course of a few years in which he was accused of multiple rape and sexual offenses against five women in Southern California. Among them was a 58-year-old homeless woman in San Diego, which was an allegation that he was actually found guilty of. The former Browns player would later plead guilty to raping an unconscious 17-year-old girl in 2003 and to sexual battery of a a 54-year-old hitchhiker in 2018, which in turn set the stage for a revision of his plea deal and 14 years being set as the maximum for his sentence. Watch this space.