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Lawyer: Lawsuit delayed too long

January 13, 2013
Staff reports , The Leader Herald

GLOVERSVILLE - The attorney representing Derek Kenney has filed court papers urging the speedy resumption of his civil case against the city Police Department and several of its officers.

Kenney, 42, of Mayfield was initially charged in the July 2010 stabbing death of Brian Morrison. He spent four months in jail, but on Oct. 26, 2010, the indictment was dismissed after Kenney's defense argued the grand jury proceedings against him were tainted because witnesses lied.

No one else has been charged in Morrison's death.

In July, Kenney sued in federal court through his attorney, Elmer Robert Keach III, claiming his rights were violated.

On Friday, Keach filed a court memo against the defendants' most recent request for a delay of the case, arguing the defendants have tried to stymie the lawsuit by claiming it could interfere with an ongoing homicide investigation.

"In effect, the defendants had requested an indefinite stay of this case based on their continued 'investigation' of Mr. Kenney," Keach wrote, going on to criticize the Police Department and the Fulton County District Attorney's office for failing to arrest another suspect.



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