MR. MCKINNEY RECEIVED A SHOT IN THE ARM when
COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON, in its June 3, 2008 Session, ordered a new trial.
From the case at
http://tm.martysmith.org/McKinneyCCAOpinion_031010.pdf\
...Petitioner presents the following claims: (1) trial counsel was
ineffective for agreeing to a consent order regarding discovery
materials; (2) trial counsel
was ineffective for failing to confront Debra Kimble with her prior
statement; (3) trial
counsel was ineffective for failing to prepare for trial and present
evidence favorable to the
Petitioner; (4) trial counsel was ineffective for failing to investigate
mitigating circumstances
adequately; (5) trial counsel was ineffective for failing to introduce
residual doubt evidence;
(6) the prosecution denied the Petitioner a fair trial; (7) the
exclusion of the Petitioner’s
eyewitness expert at trial violated his right to present a defense;
and (8) the death penalty is
unconstitutional and in violation of international treaties. We
conclude that the Petitioner was
deprived of the effective assistance of counsel at both the guilt
and penalty phases of the trial.
Accordingly, the judgment of the post-conviction court is reversed
and the matter is
remanded for a new trial.
I'm very pleased with the outcome so far.
Mr. Tim's plight came to my attention reading the Socialist Worker,
http://socialistworker.org/2010/04/26/tim-mckinneys-fight-for-freed
om
my April 26, 2010 blog entry read:
Tim McKinney is a prisoner on Tennessee's death row, wrongfully
convicted of killing a Memphis off-duty police officer on Christmas
night in 1997.
An African American man accused of killing a white police officer,
Tim's trial was plagued by inadequate representation and
prosecutorial misconduct. He was sentenced to death in 1999 after
a two-day trial, during which the prosecution presented no
physical evidence connecting him to the crime. Over 40 witnesses
testified in Tim's defense at his appeal in 2006.
Last month, the Tennessee Court of Criminal Appeals ruled in
favor of Tim's appeal and ordered a new trial. Tim's supporters are
gearing up with a campaign calling on Memphis district attorneys
to drop the charges and grant Tim his freedom. Here, Tim thanks
his supporters and talks about the fight ahead for his freedom.
April 26, 2010
Tim McKinney is a prisoner on Tennessee's death row, wrongfully
convicted of killing a Memphis off-duty police officer on Christmas
night in 1997.
An African American man accused of killing a white police officer,
Tim's trial was plagued by inadequate representation and
prosecutorial misconduct. He was sentenced to death in 1999 after
a two-day trial, during which the prosecution presented no
physical evidence connecting him to the crime. Over 40 witnesses
testified in Tim's defense at his appeal in 2006.
Last month, the Tennessee Court of Criminal Appeals ruled in
favor of Tim's appeal and ordered a new trial. Tim's supporters are
gearing up with a campaign calling on Memphis district attorneys
to drop the charges and grant Tim his freedom. Here, Tim thanks
his supporters and talks about the fight ahead for his freedom.
Timothy McKinneyTimothy McKinney
Dear friends and allies,
I am extremely excited to share some good news of our struggle
here in Tennessee. On March 9, 2010, a unanimous panel of the
Tennessee Court of Criminal Appeals vacated my conviction and
ordered a new trial.
Being granted a new trial is definitely a huge victory. It's a major
step forward and a taste of the chance of obtaining my freedom.
It's truly a blessing in itself. But the state has the chance to file a
petition for review--meaning, they can appeal the decision of the
Court of Criminal Appeals.
The fight isn't over yet. We are celebrating this victory, but only in
part. We clearly understand that the district attorney's office has
the option to re-try the case.
This is a critical phase, and now is the time to take advantage of
the opportunity to put an end to this horrific experience of
injustice. It's vital that peoples' voices are heard, and that we put
pressure on the DA's office not to re-try this case, but to drop the
charges.
What you can do
For updates on Tim Mckinney's case, or to get involved, visit
www.timmckinney.org.
For information about how you can join the fight against the death
penalty in your area, visit the Campaign to End the Death Penalty
Web site.
I gratefully thank the Campaign to End the Death Penalty and all
the families, friends and supporters for faithfully fighting,
witnessing and continuing to share our voices with the public. I
also want to thank you for allowing me the opportunities to
participate and express my thoughts, views and my struggle during
the "Live From Death Row" speaking tour last year. It introduced
me to new people, new ideas and new communities of faith.
It's very important to continue to produce powerful events like the
tour to uncover the myriad problems within this unjust system. It
has been a true blessing to come to know and learn about so many
incredible men and women faithfully witnessing against this cruel
injustice.
All of your efforts, energy and passion plays a critical role in
helping empower each one of us to continue hammering away at
that wall until, finally, it can no longer stand.
The wall will crumble, it's already beginning to crack. With all of
your relentless strength and courage, it's a must that we hold those
sitting in judgment accountable. Pressure will help bring freedom
and justice toward a better world and a just society.
Again, I thank you! And please continue to keep up the good
fight.
Sincerely, with great respect,
Tim McKinney
Good information can be found at:
http://tm.martysmith.org/
