Kenny is a good hearted man who has been thrown into a seemingly hopeless situation. Presently, he is serving a 56 year sentence due to a wrongful conviction for the shooting death of his wife. Prior to incarceration, Kenny lived a very productive life. He worked hard, provided a good life for his family and made every effort to follow the law. Unfortunately, due to his significant childhood trauma and abuse Kenny suffered from mental health issues. Problems that have affected his ability to endure stress. Consequently, he sought treatment, unbeknownst to caused him to behave contrary to his innate character (compassionate & loving.)
Kenny is convicted of first degree murder for the 2005 shooting death of his wife Kim. At trial, the prosecution presented a theory that Kenny overreacted to marital problems he and his wife were having. By contrast, Kenny's trial attorney made an unsuccessful attempt to present evidence of self defense and that Kenny's mental health issues as a contributing factor in the crime. No mental health testimony was heard by the jury. It has since been discovered that Kenny was misdiagnosed by medical and mental health professionals who missed his bipolar disorder. Due to the misdiagnosis Kenny was treated in part with a prescription for Zoloft. A prescription that has since newly been determined by DNA that his body does not metabolize properly and this resulting in causing him to react violently towards his wife.
In a nutshell, involuntary intoxication is a claim that qualifies as actual innocence due to a defendant's lack of intent to commit a crime. Both self defense and second degree murder involve a defendant's intent due to a standard of "reasonable belief" of a perceived threat. In Kenny's case, at the time of the 2005 shooting, the build up of Zoloft in his system prevented his mind from appreciating the criminality of his actions. In essence, he did not know what he had done until after his wife had been fatally shot. Both factually and legally it is impossible for anyone to be convicted of first degree murder under these circumstances since, the law requires a person to knowingly or intentionally take another person's life without justification. Self defense permits acquittal due to reasonable belief of imminent danger. Whereas, second degree is unreasonable belief of imminent harm or danger to self. In both instances a defendant forms a belief of danger based on normal mental process. Due to the affect Zoloft had on Kenny he was incapable of forming any reasonable belief because the medication mad his thought process dysfunctional.
Legal expenses are, well…. Expensive. A rough estimation is that Kenny will need at least $100,000 to successfully challenge his conviction. This amount will go towards a qualified legal team as well as multiple forensic experts who can attest to the validity of new DNA evidence and Kenny’s past mental health misdiagnosis. All of which is relevant to the judicial determination of Kenny’s wrongful conviction. Every dollar collected will be accounted for and made available for public inspection as to financial disbursements.
Ideally, we hope to have his issue presented to a court for review within under a year. Efforts are being made to get help from the Innocence Project, and consult with multiple experts to develop even more documents to support the claim of involuntary intoxication. Even so, a lot must still be done before the case is ready for proper review. All the more reason to rally financial and public support for this worthy cause. With your help it can be accomplished.