Newspaper article THE JOURNAL RECORD

Mckinney Appeal to Focus on Refusal of Testimony

Newspaper article THE JOURNAL RECORD

Mckinney Appeal to Focus on Refusal of Testimony

Article excerpt

The defense of former Tulsa banker Wesley R. McKinney will base its appeal on the refusal of the court to allow testimony by a psychiatrist, plus the court's refusal to permit McKinney's brother to testify on "punishment" discussions he reportedly had with U.S. Attorney Layn Phillips, defense attorney Gary Richardson said Tuesday.

Richardson's comments came in response to the filing of a request Friday that McKinney be imprisoned during the appeal of his Dec. 16 conviction in Oklahoma City on a 32-count federal indictment involving bank fraud, conspiracy and making a false statement to the Federal Deposit Insurance Corp.

Northern U.S. District Judge Thomas R. Brett will rule on the request, which was filed by Tulsa Assistant U.S. Attorney Frank H. McCarthy, when he sentences McKinney on Feb. 3, McCarthy said.

The appeal will be heard by the 10th Circuit U.S. Court of Appeals in Denver.

Richardson said the appeal will be filed after the sentence has been rendered and he has obtained a copy of the record.

"We think we have points that have merit," Richardson said in discussing the appeal.

The court's refusal to allow defense testimony by an Oklahoma City psychiatrist constituted reversible error, in Richardson's view.

During the two-week trial, which was moved to Oklahoma City because of publicity, the defense had planned to use the psychiatrist's testimony on the effect of stress on McKinney.

A second point Richardson will make in the appeal involves McKinney's brother, Carl.

"Our position is that the court should have allowed testimony by Carl McKinney as to the threats made on him by U.S. Attorney (Layn) Phillips that were instrumental in coercing him into cooperationwith the FBI," he said. …

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