Winslow has been jailed without bail since Monday, March 4, a few days after prosecutors filed sexual misconduct charges for the alleged encounters last month in a Carlsbad gym.
Winslow, 35, was exercising near the 77-year-old when he touched himself and asked if she liked it, according to Deputy District Attorney Dan Owens. Nine days later, the prosecutor said, the woman was in a hot tub when Winslow got in wearing only a towel and engaged in lewd conduct.
The new charges are misdemeanors, but they arose while Winslow was free on $2 million bail following rape charges filed last year.
He has pleaded not guilty to all charges. If convicted, the prosecutor said, he faces upward of 100 years to life in prison.
Winslow played 10 seasons in the NFL. He is the namesake son of Chargers legend and NFL hall of famer Kellen Winslow Sr.
In court Tuesday, defense attorney Brian Watkins asked Superior Court Judge Blaine Bowman to release his client on house arrest, offering to have Winslow wear a tough-to-remove GPS tracking device and posting a 24-hour security guard outside Winslow’s home, at Winslow’s expense.
Bowman denied the request. The judge said that while out on bail the defendant was “out engaging in other acts that cause great concern to this court for public safety — great concern.”
After the hearing, Marc Carlos, one of Winslow’s attorneys, said the defense will continue to ask for their client’s release.
“We believe Mr. Winslow deserves to be released on bond,” Carlos told reporters.
Winslow is accused of raping two homeless women last year, and as well as exposing himself to a woman gardening in her yard last May. The incidents happened in Encinitas, where Winslow lives. All three women are in their 50s.
He is also accused of raping a 17-year-old acquaintance in 2003, when he was 19 years old. The woman came forward with her accusations in June after the rape allegations made headlines.
The new charges bring the number of accusers to five.
The judge’s decision Tuesday to keep Winslow in jail came during a hearing at which Winslow’s attorneys asked Bowman to dismiss several of the felony charges.
Bowman agreed to drop one of the two kidnapping charges, finding insufficient evidence that force or fear was used in his vehicle after he allegedly persuaded one of the homeless women to get coffee with him.
The woman testified last year that Winslow instead drove her to a dark shoulder along Manchester Road and attacked her.
Bowman refused to dismiss the charges — including kidnapping and rape — related to the other homeless woman. The woman did not pick Winslow out of a photo line-up, nor identify him in court, but her description of her assailant, including tattoos, was similar to Winslow, the judge said.
He also pointed to forensic evidence: Winslow’s DNA was inside the woman’s pants.
The judge also declined to dismiss charges related to the 2003 accusation.
Before heading back to jail after the hearing, Winslow hugged his father in the courtroom. In the hallway afterward, the elder Winslow declined to comment.
Winslow’s felony trial is set for April.
—Teri Figueroa is a reporter for The San Diego Union-Tribune