Conviction set aside in ‘93 cold case in dispute over expert
DETROIT (AP) — The Michigan appeals court overturned a murder conviction in a 1993 homicide, saying a man’s rights were violated when he wasn’t allowed to hire a DNA expert at public expense.
“The private interest at stake here is defendant’s liberty and his right to present a defense to the charge against him,” the court said in a 3-0 opinion Thursday. “These interests have been recognized as substantial.”
Tanya Harris’ body was discovered in an abandoned building in Detroit in 1993 and remained a cold case for years. Johnny Ray Kennedy was charged in 2013 when police linked him to DNA found on the victim’s body.
Kennedy’s court-appointed lawyer, John Holler, sought approval to hire an expert at public expense, but Wayne County Judge Craig Strong turned him down. So the attorney hired the expert out of his own pocket, roughly $1,800, though he couldn’t afford Brian Zubel’s full assistance.
Kennedy, now 64, was convicted of murder in 2014 and has been serving a life sentence.
Prosecutors, who had their own experts, agreed that Strong erred in failing to appoint Zubel for the defense but argued that it was harmless.
The judge seemed to presume that Holler could defend Kennedy “through reading and soliciting the advice of some mythical expert who would consult for free,” the appeals court said.
Holler said he’s pleased with the decision.
“The DNA is strongly in dispute. Even if his DNA was on her body, it doesn’t mean he killed her,” Holler said Friday. “There was no need to treat the defense in this case shabbily. We should have fair and just trials.”
Kennedy was in prison for second-degree murder in a different case when he was charged in Harris’ death.
‘Minority Bar Passage Program’ offered by Straker Bar in January
The D. Augustus Straker Bar Association will present “The 2021 January Minority Bar Passage Program” online via Zoom from January 6 to February 3.
The 2021 Minority Bar Passage Program (MBPP) is designed to improve bar passage rates of needy law school graduates sitting for the Michigan Bar Exam. Statistics reveal that many law school graduates underestimate the importance of the essay portion on the bar exam. Therefore, while traditional bar review courses focus only on the multi-state part of the exam, the MBPP uniquely focuses on essay writing techniques to maximize your overall bar exam results.
Through weekly examinations, a mock bar examination, group, and one-on-one sessions, as well as lectures by local attorneys, MBPP assists in the areas of Essay Writing, Skills/Strategy, Test Taking Skills/Strategy, Time Management, and Stress Management. The MBPP does not review substantive law. Accordingly, MBPP should be taken in conjunction with a traditional bar review course to give you the ultimate edge in studying for “both the multi-state and essay sections” of the exam.
The cost is $75 (non-refundable) for all law school graduates. To register, visit https://strakerlaw.org.
For additional information, email vjohnsonlaw@yahoo.com or attyjefferson1@yahoo.com.
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