Former NFL tight end Kellen Winslow Jr. was found guilty on four charges of sexual violence against women, but with the jury deadlocked on the other eight, he will be headed back to trial. The big question heading into the trial: Will his defense team try to use CTE as a defense for the crimes?

“Kellen does have CTE, there’s no two ways about it,” a source close to the Winslow family told Robert Klemko of SI.com

Even if Winslow does have CTE, there are a couple of big hurdles that could stop the defense from using it. The first issue: CTE can't be diagnosed in living people. That means it would be expert after expert trying to convince the jury why he does or doesn't have CTE.

The other big question the defense team has to consider: Would using CTE as a defense actually help its case?

If it was going to use CTE as a defense, the defense team would have to admit guilt, but say the reason he committed such crimes was CTE.

In the first trial that ended in Winslow being found guilty on four charges, the defense tried to attack the credibility of each of the women who accused Winslow of rape.

That did result in eight charges being deadlocked, so that has to at least be considered a small gain for the defense. It will be interesting to see if the defense tries to use the same tactics in the second trial or brings up CTE.