Recorded testimony heard in McKinney retrial - Action News 5 - Memphis, Tennessee

Recorded testimony heard in McKinney retrial

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Timothy McKinney Timothy McKinney

(WMC-TV) - The man convicted of killing a cop in 1997 is hoping his second retrial will have a different outcome than his first trial.

Attorneys, court officials, jurors, and Timothy McKinney spent most of the day silently reading along from a transcript as a recorded testimony from April 2012 played in court.

That recorded testimony is that of Memphis police officer Frank Lee, who was on duty with Williams that night. He has since died, so his previous testimony is being used in court.

The only live testimony of the day came from retired MPD Officer Ron Marshall, who briefly detained McKinney in the back seat of his squad car outside Crumpy's Comedy Club on Christmas in 1997.

That happened after McKinney got into an argument with Officer Don Williams.

Marshall says Williams told him not to arrest McKinney because it was Christmas.

"He said, 'I don't want him to go to jail. Just let him go,'" testified Marshall.

Prosecutors say McKinney shot and killed Williams shortly thereafter.

Police put out a suspect description that included a clothing description that Marshall says he recognized immediately.

"I know he had a multi-colored sweater," said Marshall. "I had him in the back of my squad car and I had gotten his driver's license and I had just had a brief encounter with him, so I basically remembered him."

Defense attorneys argue Marshall's testimony proves only that he saw McKinney at Crumpy's that night, but not that he actually killed Williams.

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