Kellen Winslow Jr. pleads guilty to rape; sentenced to 14 years

BruceWayne

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Is there something about the tight end position that attracts psychopaths? Winslow and Hernandez go down as two of the most disgusting humans to ever play football.
 

GatorInGeorgia

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I read this a few days ago and was reminded of a scene from the tv show L.A. Law, sometime in the mid to late 80’s. This very same issue was in play. I think the guy is guilty but I’m not sure how this case will play out in light of multiple misidentifications by alleged victims. Maybe Law can weigh in on this with his thoughts.


https://www.google.com/amp/s/www.bu...court-tampa-bay-bucs-buccaneers-nfl-nfc-south
 

Jbossgator8

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yeah they totally changed his appearance so they can't identify him and throw off the victims so the defense can say they got the wrong guy...
 

TLB

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I read this a few days ago and was reminded of a scene from the tv show L.A. Law, sometime in the mid to late 80’s. This very same issue was in play. I think the guy is guilty but I’m not sure how this case will play out in light of multiple misidentifications by alleged victims. Maybe Law can weigh in on this with his thoughts.


https://www.google.com/amp/s/www.bu...court-tampa-bay-bucs-buccaneers-nfl-nfc-south


In the article it speaks to DNA being the only means of identification. In such cases, is the accused required to provide DNA samples? An innocent person would want to clear themselves, but is a defendant required to comply or is this a violation of their rights? I am asking as I simply don't know.
 

NVGator

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In the article it speaks to DNA being the only means of identification. In such cases, is the accused required to provide DNA samples? An innocent person would want to clear themselves, but is a defendant required to comply or is this a violation of their rights? I am asking as I simply don't know.
I believe a warrant could be provided with probable cause for a cheek swab.
 

GatorInGeorgia

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In the article it speaks to DNA being the only means of identification. In such cases, is the accused required to provide DNA samples? An innocent person would want to clear themselves, but is a defendant required to comply or is this a violation of their rights? I am asking as I simply don't know.

I guess they could try and get a warrant. I’m not sure if the false identification issue complicates the chances of getting the warrant or not. When I first read about the bad ID in court my first thought was I wonder if a member of Winslow’s family paid her off to do that? Just a thought as it seemed pretty fishy that his lawyer would be mistaken for him, IMO.
 

InstiGATOR1

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I guess they could try and get a warrant. I’m not sure if the false identification issue complicates the chances of getting the warrant or not. When I first read about the bad ID in court my first thought was I wonder if a member of Winslow’s family paid her off to do that? Just a thought as it seemed pretty fishy that his lawyer would be mistaken for him, IMO.

Courts have held that the state may take your DNA when you are booked into jail. California has a law allowing taking such DNA samples:

https://www.mercurynews.com/2014/03/20/california-dna-collection-law-upheld/
 

Oklahoma Gator

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I guess they could try and get a warrant. I’m not sure if the false identification issue complicates the chances of getting the warrant or not. When I first read about the bad ID in court my first thought was I wonder if a member of Winslow’s family paid her off to do that? Just a thought as it seemed pretty fishy that his lawyer would be mistaken for him, IMO.
But when the alleged victims are old like that, they may have a hard time identifying their attacker
 

InstiGATOR1

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Every prisoner gets dna swab when booked.

I do not think that is what it says about the law in California. They last time I checked San Diego was in California. So I think what we know is that it is legal in California to take a swab of someone processed into jail for a felony.

You are presuming that San Diego City or County where ever he was processed in fact does take the swabs. I do not think they are required to take them. I think they are allowed to take them. I think your conjecture that a swab was taken is probably right. We just don't actually know that yet.
 

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