Timothy McKinney’s New Trial

This week, a man who was facing the death penalty is being given a second chance in court. In 1999, Timothy McKinney was convicted of first degree murder and sentenced to death for the 1997 killing of Donald Williams, an off-duty Memphis police officer, who was working as a security guard at Crumpy’s Comedy Club in Memphis on Christmas night. Earlier that evening, McKinney had an altercation with Williams and police quickly identified him as the suspect after Williams was shot later that night in the back of the neck. McKinney has always maintained his innocence.

In 2010, the Tennessee Court of Criminal Appeals granted McKinney a new trial after reviewing the troubling facts of his case. They ruled that McKinney’s representation at trial created “cumulative prejudice of such magnitude” that his right to a fair proceeding was prejudiced. The court stated, “there is reasonable probability that, absent their deficiencies, the outcome of both the guilt phase and the sentencing phase of the trial would have been different. The nature and extent of counsel’s deficiencies rendered the entire proceeding fundamentally unfair.”

McKinney’s new trial began this Monday in Shelby County. TADP is hopeful the grave doubts in this case will finally be addressed.

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