FEB 6, 2019
Documents reveal Kenney seeking leverage in court, expert says
Dru Nielsen, Kenney’s defense attorney, filed a list of nine discovery demands this week. Nearly all of them focus on ensuring prosecutors turn over all information and evidence relevant to the case, so they can provide fair representation.
That includes information that could eventually lead to tossing out testimony from witnesses, based on certain factors. The document includes the demanded release of “Evidence that a prosecution witness has a motive or bias because he or she has entered into an agreement with the prosecution, received leniency from the state, or has outstanding litigation or cases with a prosecutorial agency…”
They also seek all handwritten or typed notes about this case from investigators.
But the final demand, the “Revocation of all releases and waivers and assertion of all rights and privileges”, shows the defense is looking to protect Kenney from overreaching prosecution.
“Ms. Kenney hereby revokes and rescinds all releases, waivers and authorizations for the release of information which she may have heretofore made, and she hereby asserts all of her rights and privileges under Colorado’s privilege rules, statutes and principles…,” Nielsen said in the document.
Stephen Longo, an attorney with McDivitt Law Firm, said it appears Kenney is trying to leverage her position as a possible key witness in the case against Patrick Frazee to try and get a lesser sentence in her case.
“Her kind of reversing and not sure if she’s gonna enter a plea deal or recanting statements is interesting, because you wonder whether or not she just doesn’t like the plea deal she’s getting and wants to leverage her position as a key witness against the defendant,” Longo said.
