Could Kellen Winslow Jr.'s lawyers use CTE as a defense in sex-crimes case?
A.J. Perez
The allegations against Kellen Winslow Jr. made by a prosecutor in a Southern California courtroom Friday were numerous and graphic.
The former Pro Bowl tight end is accused of kidnapping and raping a 54-year-old transient woman who was hitchhiking in March. In May, prosecutors say, Winslow forced another homeless woman — this time age 59 — into his Hummer SUV, where he allegedly kidnapped and sexually assaulted her.
"She was sodomized by force and she, too, was threatened to be murdered by Mr. Winslow," San Diego County Deputy District Attorney Dan Owens said in court.
In total, Winslow faces nine charges and the prospect of the rest of his life in prison. The gruesome details of the alleged crimes in San Diego County also hint at one possible route his defense could take: Winslow, who spent nine seasons in the NFL, could suffer from the debilitating impacts of chronic traumatic encephalopathy (CTE).
San Diego-based defense attorney M. Dod Ghassemkhani told USA TODAY Sports it's unlikely a judge would allow CTE to be used as defense, at least directly. Currently, the only scientifically accepted way to diagnose CTE would be a postmortem examination of the brain.
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But the symptoms associated with CTE — including depression, anxiety and dementia — could certainly be part of the case.
"The nature of the facts around this case raise huge red flags," Ghassemkhani said. "There could be an underlying mental illness that has been untreated."
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Such a defense, if used, would not exonerate Winslow, although it could lessen the punishment. There's also the possibility it could delay the start of a trial.
Winslow stood behind a protective glass partition in court Friday afternoon as his lawyer Brian Watkins entered not guilty pleas to all charges. Watkins did not reply to a message left by USA TODAY Sports on Friday. Denise White, a spokesperson for Winslow, provided a statement from Winslow's wife, Janelle, in support of the former NFL tight end.
"On behalf of our son and my husband, we want to reiterate our love, support and affection for him during this difficult process," Janelle Winslow, said in the statement. "We will always be there for him and we know the true facts will come out."
Winslow will remain jailed without bail after the judge in Vista, Calif., agreed with Owens' assessment that Winslow poses a danger to the community.
Ghassemkhani said Winslow's lawyers might have Winslow undergo a complete psychiatric evaluation in the coming weeks. Depending on his current symptoms and his understanding of the criminal proceedings, he could also be evaluated for competency.
Winslow's mental state could be used to mitigate Winslow's punishment, although he could still serve many years in prison and/or a state mental hospital, Ghassemkhani said.
Beyond the two alleged kidnappings and rapes, Winslow is also accused of indecent exposure in May to a 55-year-old woman who was gardening, the intent to rape a 71-year-old woman and burglary with the intent to rape an 86-year-old woman. Prosecutors say the last two incidents occurred this month.
Winslow was taken into custody on Thursday, the second time in about a week he had been arrested. He was arrested June 7 on suspicion of burglary.
Winslow, 34, is the son of NFL Hall of Fame tight end Kellen Winslow. He played in the NFL for nine seasons with the Cleveland Browns, Tampa Bay Buccaneers, New England Patriots and New York Jets. His best season was in 2007 with the Browns, when he caught 82 passes for 1,106 yards and five touchdowns and was selected to the Pro Bowl.
Winslow hasn't played since 2013, but has reportedly been interested in making a comeback each of the past two seasons.
Contributing: Peter Barzilai, Steve Gardner and Tom Schad of USA TODAY Sports, KFMB-TV