Thursday, October 28

California criminal defense lawyer

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 Trial" where he represented the family of a young man who sued Judas Priest (a heavy metal band) and CBS records alleging that the subliminal message "Do it" embedded on the album Stained Class mesmerized and 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.

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.

Criminal defense cases

McKenna began his criminal trial attorney career defending his older bother 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. 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."

Sexual harassment and discrimination

Ken McKenna with client Mary Howard.

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.

The Judas Priest Trial

Ken McKenna in the courtroom for 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 Stained Class album by Judas Priest (a heavy metal band). The case involved fundamental and Constitutional free speech rights. The First Amendment issue had dramatic potential consequences for the music industry. McKenna argued that a series of subliminal "do it" messages were embedded in the song "Better by You, Better than Me". McKenna alleged that these subliminal messages coupled with the song's overt suggestion that suicide was "a good thing to do" caused two suicides. The three week trial was watched closely by the music industry and constitutional lawyers.

The judge ruled that subliminal messages were not protected speech under the First Amendment to the United States Constitution.

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 spoken at college campuses about the law and cases with which he has been involved.

See also





(source:wikipedia)

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