Kansas' Office of the Disciplinary Administrator sent assistant district attorney Jill Kenney a letter notifying her of the ethics lapse on October 4, nearly a year after Kenney told a mediation judge that she'd personally spoken to a nurse who'd drawn blood from a defendant, which wasn't true.
The Johnson County District Attorney's Office didn't want to talk about Kenney's punishment. "No comment," spokeswoman Kristi Bergeron repeatedly told The Pitch. Bergeron said Johnson County District Attorney Steve Howe wasn't in the office, and he wouldn't be answering questions about Kenney. So we're left to wonder if lying to a judge about evidence is acceptable behavior for one of his prosecutors or if Kenney has been punished.
Kenney hasn't returned a message left by The Pitch on her voice mail at the DA's office. She has served under three district attorneys — Paul Morrison, Phill Kline and now Steve Howe — and was promoted to section chief of the traffic unit when Kline took over as JoCo DA in 2007.
As for Kenney receiving an informal admonition, it amounts to a slap on the wrist.
"She would have gotten a letter from the disciplinary administrator's office saying this is a violation and don't do this again," Ron Keefover, spokesman for the Kansas Judiciary, told The Pitch. "That’s the end of it. But if there should be a future attorney discipline, this informal admonition could be used in that."
The case in question involved a 72-year-old woman named Hope Talbot, who was involved in a three-car injury accident in March 2008. Talbot was initially charged with two counts of aggravated battery causing bodily harm and DUI.
"The allegation in the informal admonition indicates that she [Kenney] falsely told the mediation judge that she had personally talked to a nurse who had drawn blood from a defendant in a DUI, when she hadn't," Keefover told The Pitch. "Ultimately, the disciplinary administrator's office investigated, and a report and review committee found that she had violated two provisions of Kansas Rules of Professional Conduct — one, making a false statement to a court, and second, which is prejudicial to the administration of justice."
The complaint against Kenney was filed by defense attorney Christina Dunn, who was a member of Talbot's defense team. Dunn hasn't returned a call from The Pitch.
In November 2010, Talbot pleaded guilty to three counts of battery and one count of reckless driving. Talbot received six-month consecutive sentences for the batteries and a 90-day concurrent sentence for reckless driving. She was placed on 12-months' probation, fined $500 and ordered to serve 50 hours of community service. She was also required to write a letter of apology to those injured in the crash.
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The Kansas Board for Discipline of Attorneys recommended last week that former Kansas AG Phill Kline be indefinitely suspended. Although there are multiple charges in that case, one of them was based upon false statements to judges -- including the Kansas Supreme Court itself. But a local Johnson Co DA gets off with a wrist slap, and her boss has "no comment." Interesting.
Justin,
Love your story and hate to see any coruption in prosecution of anyone...guilty or not...however, I have had to deal personally with MR. HOWE....and this is the ship he runs.....does he do JOCO good...yes most of the time, but to continue to prosecute a case under his watch....with an ADA that is LYING....what other cases have been tainted? In JOCO...it's prosecute and win or perish....Dig deep my friend and you will find your answers...start at the TOP. Thanks for the view....awesome...and to DA Howe...I will see you at my expungement hearing sir...hope you don't LIE there.....thanks again Justin.....Don W. (Raymore, MO)
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