Ken McKenna (attorney)
| Ken McKenna | |
|---|---|
.jpg) |
|
| Born | May 3, 1953 Reno, Nevada, U.S. |
Kenneth J. McKenna (born May 3, 1953) is an American trial and litigation attorney practicing both criminal and civil law. He is known for being lead counsel for the plaintiff in the "Judas Priest case" where he represented the family of a young man who had committed suicide; the family sued Judas Priest and CBS records, alleging that the Judas Priest album Stained Class had contained subliminal messages, and that these had compelled the young man to commit suicide.
McKenna's career includes criminal defense cases, sexual harassment cases, and an ongoing presence in the media as a legal analyst.
Contents |
[edit] Background
McKenna was born in Reno, Nevada. He grew up in Las Vegas, Nevada. McKenna received his Bachelor's degree from the University of Nevada and his Juris Doctor (J.D.) from the McGeorge School of Law at the University of the Pacific in 1980. He was admitted to the Nevada State Bar in 1980 and went into solo practice within his first year out of law school. Currently, McKenna maintains a litigation practice in Reno, Nevada. It was reported by the IRS that in 2010 Ken McKenna, a well-known Reno lawyer, has been charged two federal misdemeanor counts of failing to pay taxes. The case was resolved with Mr. McKenna accepting responsibility for the late tax payments.
[edit] Criminal defense cases
McKenna began his criminal trial attorney career defending his older brother Patrick McKenna on the charge of Murder in the First Degree. The death penalty was sought by the State. Since that time McKenna has defended against the death penalty on numerous occasions.
In 2003, a jury decided to not give the death penalty to Larry Peck, a man convicted of shooting a police officer in the chest with a high powered rifle during a stand-off. McKenna's arguing for life in this case, which was expected to result in the death penalty, raised McKenna's visibility among death penalty opponents nationwide.[1] McKenna is currently an outspoken opponent of the death penalty quoted as saying it is "a barbaric and a misused tool of self aggrandizing prosecutors with political ambition, which serves no useful purpose to society, but sustains people's baser instincts."[2]
[edit] Sexual harassment and discrimination
McKenna has represented women in several discrimination and sexual harassment cases, including several Nevada Patrol Women in cases against the Nevada Highway Patrol and other female law enforcement employees with other police agencies. McKenna has also represented employees in both the private and public sector in cases involving discrimination, whistle-blowing, safety issues, and retaliation and he as appeared in appeals before the Ninth Circuit Court of Appeals in San Francisco, California.
[edit] The Judas Priest Trial
McKenna’s most notable case is the Judas Priest Trial. McKenna represented the mother of Ray Belknap, a young man who had committed suicide allegedly after repeatedly listening to the Judas Priest album Stained Class.
McKenna argued that a series of subliminal messages stating "do it" were embedded in the song "Better By You, Better Than Me". McKenna alleged that these messages, combined with the song, caused the suicide.
The three-week trial was watched closely by the music industry and constitutional lawyers.[3] In a pre-trial motion, the judge ruled that subliminal messages were incapable of being protected speech under the First Amendment to the United States Constitution, since they were by definition not noticeable and thus could not form part of a dialogue. Timothy Moore, who testified on Judas Priest's behalf, stated that the plaintiffs (led by McKenna) achieved "a major victory in getting the case to trial in the first place;"[4] Although McKenna proved that the subliminal messages existed[citation needed] and the Judge made a positive finding that there were the subliminal messages "Do it" repeated in the song,[citation needed] there was not any proof that such messages influenced the boys. However, the Judge did award over $40,000.00 in sanctions against CBS.[5]
[edit] Legal commentary
McKenna appears as a legal commentator on local television. He has also appeared nationally on Geraldo, Oprah Winfrey, Jerry Springer, MSNBC, ABC, CBS, MTV, NBC, Fox and on many other sydicated televisions news and talk shows. He has been a guest on several radio talk shows giving legal analysis of cases and newsworthy legal events. McKenna tours on the professional speaker circuit and speaks at college campuses about the law and cases with which he has been involved.
[edit] Sources
- ^ TalkLeft: The Politics of Crime - Death Penalty Rumbles
- ^ Article-"Man Who Killed Reno Officer Sentenced
- ^ Article on the scope and breadth of the Judas Priest Trial
- ^ Scientific Consensus and Expert Testimony: Lessons from the Judas Priest Trial from Skeptical Inquirer, Volume 20.6, November / December 1996, by Timothy Moore; archived at CSICOP.org
- ^ "Judas Priest Suicide Trial Article". http://members.firstinter.net/markster/PAINKILLER.html. http://mahou.wordpress.com/2006/12/01/judas-priest-suicide-trial-article/.
