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Ken McKenna (attorney)
Encyclopedia
Kenneth J. McKenna 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.
. 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.
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."
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
.
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. 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;" Although McKenna proved that the subliminal messages existed and the Judge made a positive finding that there were the subliminal messages "Do it" repeated in the song, there was not definitive scientific proof that such messages influenced the boys to the extent alleged. However, the Judge did award over $40,000.00 in sanctions against CBS.
, 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.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
trial and litigation attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
practicing both criminal and civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
. 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
Judas Priest
Judas Priest are an English heavy metal band from Birmingham, England, formed in 1969. The current line-up consists of lead vocalist Rob Halford, guitarists Glenn Tipton and Richie Faulkner, bassist Ian Hill, and drummer Scott Travis. The band has gone through several drummers over the years,...
and CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
records, alleging that the Judas Priest album Stained Class
Stained Class
Stained Class is the fourth album by British heavy metal group Judas Priest, released in February 1978. A popular album in the band's catalogue, Stained Class showcased a more streamlined songwriting style. The production is crisper, clearer, and cleaner than any of their preceding albums...
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.
Background
McKenna was born in Reno, NevadaReno, Nevada
Reno is the county seat of Washoe County, Nevada, United States. The city has a population of about 220,500 and is the most populous Nevada city outside of the Las Vegas metropolitan area...
. He grew up in Las Vegas
Las Vegas metropolitan area
The Las Vegas Valley is the heart of the Las Vegas-Paradise, NV MSA also known as the Las Vegas–Paradise–Henderson MSA which includes all of Clark County, Nevada, and is a metropolitan area in the southern part of the U.S. state of Nevada. The Valley is defined by the Las Vegas Valley landform, a ...
, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
. McKenna received his Bachelor's degree from the University of Nevada
University of Nevada, Reno
The University of Nevada, Reno , is a teaching and research university established in 1874 and located in Reno, Nevada, USA...
and his Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
(J.D.) from the McGeorge School of Law
McGeorge School of Law
University of the Pacific, McGeorge School of Law is a private, ABA approved law school in the Oak Park neighborhood of the city of Sacramento, California. It is part of the University of the Pacific....
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
Reno, Nevada
Reno is the county seat of Washoe County, Nevada, United States. The city has a population of about 220,500 and is the most populous Nevada city outside of the Las Vegas metropolitan area...
.
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.
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. 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
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
and sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
cases, including several Nevada Patrol Women in cases against the Nevada Highway Patrol
Nevada Highway Patrol
Nevada Highway Patrol is a division of the Nevada Department of Public Safety that is responsible for law enforcement across the entire state of Nevada...
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
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
.
The Judas Priest Trial
Judas Priest
Judas Priest are an English heavy metal band from Birmingham, England, formed in 1969. The current line-up consists of lead vocalist Rob Halford, guitarists Glenn Tipton and Richie Faulkner, bassist Ian Hill, and drummer Scott Travis. The band has gone through several drummers over the years,...
album Stained Class
Stained Class
Stained Class is the fourth album by British heavy metal group Judas Priest, released in February 1978. A popular album in the band's catalogue, Stained Class showcased a more streamlined songwriting style. The production is crisper, clearer, and cleaner than any of their preceding albums...
.
McKenna argued that a series of subliminal messages stating "do it" were embedded in the song "Better By You, Better Than Me
Better By You, Better Than Me
"Better By You, Better Than Me" is a 1969 song by the band Spooky Tooth which was covered in 1978 by Judas Priest.The song was the subject of the much-publicized 1990 "subliminal message trial" in which Judas Priest was involved in a civil action that alleged they were responsible for the suicide...
". 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. 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
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, 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;" Although McKenna proved that the subliminal messages existed and the Judge made a positive finding that there were the subliminal messages "Do it" repeated in the song, there was not definitive scientific proof that such messages influenced the boys to the extent alleged. However, the Judge did award over $40,000.00 in sanctions against CBS.
Legal commentary
McKenna appears as a legal commentator on local television. He has also appeared nationally on Geraldo, Oprah WinfreyOprah Winfrey
Oprah Winfrey is an American media proprietor, talk show host, actress, producer and philanthropist. Winfrey is best known for her self-titled, multi-award-winning talk show, which has become the highest-rated program of its kind in history and was nationally syndicated from 1986 to 2011...
, Jerry Springer
Jerry Springer
Gerald Norman "Jerry" Springer is a British-born American television presenter, best known as host of the tabloid talk show The Jerry Springer Show since its debut in 1991...
, MSNBC
MSNBC
MSNBC is a cable news channel based in the United States available in the US, Germany , South Africa, the Middle East and Canada...
, ABC
American Broadcasting Company
The American Broadcasting Company is an American commercial broadcasting television network. Created in 1943 from the former NBC Blue radio network, ABC is owned by The Walt Disney Company and is part of Disney-ABC Television Group. Its first broadcast on television was in 1948...
, CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
, MTV
MTV
MTV, formerly an initialism of Music Television, is an American network based in New York City that launched on August 1, 1981. The original purpose of the channel was to play music videos guided by on-air hosts known as VJs....
, NBC
NBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
, Fox
Fox Broadcasting Company
Fox Broadcasting Company, commonly referred to as Fox Network or simply Fox , is an American commercial broadcasting television network owned by Fox Entertainment Group, part of Rupert Murdoch's News Corporation. Launched on October 9, 1986, Fox was the highest-rated broadcast network in the...
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.