Testimony, Closing Arguments End in McKinney Retrial

(Memphis) Timothy McKinney, a man currently sentenced to death for the murder of an off-duty police officer, took the stand during this own retrial only to plead the fifth.

“This is my decision,” he said.

It is the burden of the prosecution to prove McKinney shot and killed Don Williams outside a comedy club 15 years ago, but both sides rested their cases Saturday and began their closing arguments.

Prosecution started by quoting Frank Lee, a Memphis Police officer and eyewitness to the murder, “There is no doubt in my mind that defendant killed my friend Don Williams.”

The prosecution says the testimony has been clear and that all the evidence points to McKinney as the killer.

“You make your decision based on what the evidence is,” said prosecutor, Tom Henderson, “not these rabbit trails of ‘well, he could have done this or that or they could have had satellite surveillance, but they didn’t’.” he added. “So that means you turn a man , even if you’re convinced he was the one that did it. It makes no sense.”

Defense attorney Gerald Skahan told jurors that eyewitnesses’ stories have changed and to consider all of things prosecutors and police failed to give attention to.

“They never told you that the police gave up questioning on Patrick Johnson, we did,” said Skahan. “They never showed you the pictures of the evidence on the evidence floor room, we did. They never told you that Crumpy’s Comedy Club was known for gun usage, we did,” he added. “The list goes on and on and on and on and that ought to offend everyone in this room.”

The jury will begin deliberating Sunday morning.

They could convict McKinney on charges ranging from First Degree Murder down to Not Guilty.