Opinion
LK2019-297
08-04-2021
STATE OF MISSISSIPPI, v. MATTHEW PAUL KINNE DEFENDANT
Present and Representing the State: Honorable Mickey Mallette Assistant District Attorney Honorable Ben Creekmore District Attorney 1301 Monroe Present and Representing the Defendant: Honorable Anthony L. Farese Honorable Michael Farese Honorable Katherine Farese Farese, Farese & Farese
Present and Representing the State: Honorable Mickey Mallette Assistant District Attorney
Honorable Ben Creekmore District Attorney 1301 Monroe
Present and Representing the Defendant: Honorable Anthony L. Farese Honorable Michael Farese Honorable Katherine Farese Farese, Farese & Farese
TRANSCRIPT OF THE PROCEEDINGS HAD AND DONE IN THE GUILTY PLEA HEARING OF THE ABOVE STYLED AND NUMBERED CAUSE, BEFORE THE HONORABLE KENT SMITH, CIRCUIT JUDGE, IN UNION COUNTY ON THE 30TH DAY OF JULY, 2021.
CHRISTY L. ADAIR, BCR, CCR-1075 OFFICIAL COURT REPORTER 1
BY THE COURT: At this time, Madam reporter, we will call forward in the Circuit Court of Lafayette County, Mississippi the State of Mississippi versus Matthew Paul Kinne. We need to address the issues regarding competency.
BY MR. FARESE: Yes, sir. Your Honor, at this time, the defense would move to introduce as Exhibit A the forensic evaluation conducted by Dr. R.M. Storer, which is dated February 17th, 2021. It was filed with the clerk of the court March 2nd, 2021. We would ask this be marked as Exhibit A and that the parties would stipulate to the findings and conclusions of Dr. Storer in that matter.
BY MR. MALLETTE: Same for the State, your Honor.
BY THE COURT: Very well. For the record, Madam reporter, there has been a mental evaluation filed with the Court. A copy was provided to me. I read my copy and shredded the document. There has been one that has remained under seal. I have written and instructed the clerk, Mr. Busby, to allow that matter to stay in the file under seal. I have also designated it as Exhibit A for purposes of the competency hearing. Anything further on the competency issue?
BY MR. MALLETTE: No, sir.
BY MR. FARESE: Your Honor, as the Court knows and as counsel opposite knows, the defendant was found to be competent to proceed in this 2 matter. He was found not to be McNaughton insane at the time of the event, and we would ask the Court to enter an order so concluding.
BY THE COURT: Yes, sir. I will enter a written order finding that the defendant was competent. I have reviewed Dr. R.M. Storer's forensic evaluation report. I will adopt that report and the findings more thoroughly detailed in this written order, but I will find that he is competent; that he's been evaluated; that he's been able to participate with his counsel; and that he was not McNaughton insane at the time of the crime, and therefore, competent to stand trial. I will enter that order in this cause.
Anything further? Anybody need to come in or anybody need to leave?
(NO RESPONSE)
BY THE COURT: Having no movement, Mr. Sheriff, will you please instruct that the doors be closed?
BY UNION COUNTY SHERIFF, JIMMY EDWARDS: Yes, sir.
BY THE COURT: Mr. Farese, if you will bring your client around?
BY MR. FARESE: Yes, sir. (DEFENDANT AND DEFENSE COUNSEL APPROACH BENCH)
BY THE COURT: Good afternoon, Mr. Kinne. Can you hear me okay?
A. Yes, sir.
Guilty Plea Hearing4 BY THE COURT: All right. I'm going to go over what rights you have and what rights you may be waiving or giving up by coming into open court offering your plea of guilty. There has been a petition filed on your behalf asking the Court to accept your plea of guilty to the crime of capital murder. Is that correct? A. Yes, sir. 3
BY THE COURT: Now, what I need to do is in order to preserve these proceedings, I need you, Mr. Kinne, to give me a verbal answer out loud and answer loudly and clearly enough that we can have a good clean record. Okay?
A. Yes, sir.
BY THE COURT: I just need to make sure I have a good record.
A. Yes, your Honor.
BY THE COURT: Very good. Now, I'm going to go through a series of questions. They are some of the same questions that are contained within your petition that you have filed. What I want to make sure is that you understand what your rights are, why you're here, what you're doing, and that you understand the consequences of offering this plea of guilty. If I happen to ask you a question during these proceedings that causes you to maybe not understand, stop me. It won't bother me. I will rephrase the question. I don't anticipate using any language that you won't be familiar with, 4 but if I do, again, stop me and I will try to rephrase the question or I'll ask Mr. Farese to help me.
Another thing that I want to tell you is if at any time during these proceedings you need to confer with counsel, I'll gladly accommodate you. You can confer with counsel here in front of the bench or I'll gladly allow you to adjourn to a private meeting room where you can confer with counsel. If you don't stop me, then I'm going to keep going. Okay?
A. Yes, sir.
BY THE COURT: And if you don't stop me, then I'm going to assume that you understand the questions I'm asking, and I'm going to accept as true the responses you're giving me. Right? A. Yes, your Honor.
BY THE COURT: At this time then, I'd like for you to swear Mr. Kinne.
(DEFENDANT DULY SWORN BY OFFICIAL COURT REPORTER, CHRISTY L. ADAIR)
BY THE COURT:
Q. Sir, are you under the influence of any alcohol, drugs, or any other substance that might impair or affect your ability to understand what's going on here today?
A. No, your Honor.
Q. Do you suffer from any type of disability, either physical, mental, or emotional that might impair 5 or affect your ability to understand what's going on here today?
A. No, your Honor.
Q. Has anybody promised you anything, money, a reward, a lighter sentence, or any other kind of inducement to try to convince you or persuade you to plead guilty?
A. No, your Honor.
Q. Has anybody done anything to threaten you, intimidate you, coerce you, force you, or otherwise make you plead guilty to these charges?
A. No, your Honor.
Q. Now, in reviewing the petition that's been filed in this cause, Mr. Kinne, it appears that you're 40 years of age, you've completed twelve years in school, you have one year in college, and that you can read and write; is that right?
A. Yes, your Honor.
Q. Now, on the next to last page of this petition, there purports to be the signature of Matthew Kinne?
A. Yes, your Honor.
Q. Is that your signature?
A. Yes, your Honor.
Q. Did you sign this document?
A. Yes, sir
Q. Now, before you signed that petition, did you go over the petition with your counsel?
A. Yes, your Honor. 6
Q. Did your attorney explain the contents of the petition and explain them in a way that you were able to understand them?
A. Yes, your Honor.
Q. Did your attorney explain to you what rights you have that you may be waiving or giving up by pleading guilty here today?
A. Yes, sir.
Q. Did your attorney explain and discuss with you the elements of the crime of capital murder, as well as any possible defenses that you may have to that crime?
A. Yes, sir.
Q. Did your attorney answer any and all questions that you may have had for him?
A. Yes, your Honor.
Q. Did you tell your attorney everything about the facts and circumstances giving rise to these charges being brought against you?
A. Yes, your Honor.
Q. In other words, you didn't withhold anything from your attorney?
A. No. No, your Honor.
Q. Now, are you satisfied with the legal advice, counsel, and services that have been provided to you by the Honorable Anthony Farese?
A. Yes, your Honor.
Q. Nobody can force you to plead guilty. You have the perfect right to come into court and to plead guilty, but you also have the right to maintain your not 7 guilty plea; and if you maintained your not guilty plea, then you would have the right to a speedy public trial. That jury would be made up from twelve citizens from Lafayette County, if your case was going to be tried in Lafayette County, and it would be that jury, those twelve individuals, that would determine whether you were guilty or not guilty. Not me, not the District Attorney's office, not the sheriff, not anybody else. It would be only that jury.
If you decided to go to trial, it would be up to the State of Mississippi to prove you guilty beyond a reasonable doubt. The State would have the burden of proof. At the end of the case, the case would be submitted to the jury and it would be necessary that all twelve of those jurors vote guilty in order to convict you of that crime.
If for some reason one or more of those jurors decided to vote not guilty and could not vote guilty, then that particular jury could not convict you. That doesn't mean you would be not guilty either, because in order for you to be found not guilty, it would also have to be a unanimous verdict. Do you understand that?
A. Yes, your Honor.
Q. If you went to trial, you would be presumed to be innocent, and that presumption of innocence would remain with you steadfast throughout the trial until such time that the State of Mississippi was able to present sufficient evidence to the jury which would convince that jury that you were, in fact, guilty beyond a reasonable 8 doubt.
Even if you were convicted, you would have the right to appeal the conviction to a higher court. If you couldn't afford to hire an attorney to represent you in that appeal, then this Court would appoint counsel for you. This Court would order that the cost of the transcript be paid for by the county, as well as any filing fee that may be due. However, if the Court accepts your plea of guilty here today, you will be waiving 'or giving up your right to appeal your conviction, except in a very limited number of circumstances. Do you understand?
A. Yes, your Honor.
Q. Now, if you decided to go to trial, you would have the right to the aid and assistance of counsel. You're represented by an attorney that has practiced law for 35 years. He has handled cases all over this state and other states. He would do everything he could in his power to represent and protect your constitutional rights and your procedural rights.
You would meet with your attorney before trial. You would develop a defense strategy or plan. He would file any motions, memoranda, jury instructions that would be necessary to defend your case. Your attorney would attend any and all court proceedings that may be held in connection with your case prior to trial; and then at trial, your attorney would sit with you throughout the trial process. He would explain the process. He would answer any and all questions that you may have, as well 9 as offer you advice and counsel throughout that process.
Also during the trial, you and your attorney would be in a position to confront and cross-examine any witness that was called to testify against you during the case. You and your attorney would also be able to use the full power of this Court to issue subpoenas in order to compel witnesses to come to trial or to be able to obtain documents or other evidence to defend your case, if that was in your best interest.
Finally, you would have the right to testify in your own defense, but you would also have the perfect right to remain silent as to all charges being brought against you in this case. Whether you testify or don't testify is entirely up to you. Nobody can force you or make you testify in this case. Do you understand what I'm telling you?
A. Yes, your Honor.
Q. Now, if the Court accepts your plea of guilty here today, this crime will go on your record as a felony. Are you aware of the Habitual Offender's Act in Mississippi?
A. Yes, your Honor.
Q. Under that particular law if you're charged with a third or subsequent felony in your life time and you're indicted as a habitual offender, and if you're tried and convicted as a habitual offender, then the 2ourt would be required to sentence you to serve everyday □f your sentence without the possibility of early release, probation, or parole; and if one or more of your 10 underlying offenses is a crime of violence and you've been to the penitentiary for a certain amount of time, then if you were indicted, tried, and convicted as a habitual offender, you would then be sentenced to serve the rest of your life in the penitentiary without the possibility of early release, probation, or parole. In other words, a third or subsequent felony conviction would result in punishment that would be enhanced. Do you understand?
A. Yes, your Honor.
Q. In this case, I expect there to be, and I know this is an unusual situation because of the limited sentencing options, but still I must tell you that I anticipate a recommendation by the State. Do you understand I don't have to accept the recommendation of the State and that I'm only bound by what the law requires? A. Yes, your Honor.
Q. In this particular case being capital murder, have you gone over the sentencing options of capital murder with your lawyer, Mr. Farese?
A. Yes, your Honor.
Q. So you understand that the only two options for capital murder are the death penalty or life without the possibility of parole? Do you understand that? A. Yes, your Honor.
Q. And again, you have caused this petition to be filed with the Court asking that this Court accept your plea to the charge of capital murder or Dominique 11 Clayton; is that correct?
A. Yes, your Honor.
Q. Are you guilty of the crime of capital murder of Dominique Clayton?
A. Yes, your Honor.
BY THE COURT: Mr. Mallette, on behalf of the State, would the State offer a factual basis, please?
BY MR. MALLETTE: I would, your Honor. The State would intend to show that defendant, Matthew Paul Kinne, on or about May the 19th of 2019, while in Lafayette County, Mississippi, that he did unlawfully, willfully, feloniously, and with the deliberate design to effect death, did kill and murder Dominique Clayton, a human being, by shooting her with a firearm, while he, Matthew Paul Kinne, was engaged in the commission of a felony crime, burglary of a-dwelling, by breaking and entering the dwelling of Dominique Clayton without her permission and with the intent to commit an assault once inside.
Your Honor, the State would intend to show factually that at the time of Dominique Clayton's death that Mr. Kinne and she had been in a long-standing relationship for many months; that Mr. Kinne had been married during that period of time and, therefore, it was his intention to keep this other relationship secret.
Then on the night of May the 18th, 2019, Mr. 12 Kinne had been working with the Oxford Police Department on detail at the Oxford Square; that Ms. Clayton had also been in the area of the square.
It was raining that night and he was called and she asked to get a ride to her car so that she would not have to walk in the rain to her car. He did so. He drove her to her car, dropped her off; and then as she drove home from the square, they talked on the phone.
Mr. Kinne ended his shift with OPD and was driving out to the horse barn. He was on mounted patrol detail that night. He was ending his shift.
It is now early morning hours of May 19, 2019. He left his phone at the horse barn. During the phone call they had had, there was a point in time, according to his statement, where Ms. Clayton fell asleep during the open phone call and, ultimately, he ended that call at approximately 1:15 a.m. Mr. Kinne left his cell phone there. The State would allege that this was probably in an effort to distance himself from what was about to happen, maybe provide an alibi.
Then he proceeded to drive to Ms. Clayton's . home. He drove a black and white OPD police vehicle to the Clayton home. He parked in her driveway. He entered her home through a closed door without her permission or any further contact with Ms. Clayton. He entered the home and her bedroom to find her asleep. He then left the 13 house, backed his car out of the driveway, parked around the corner from the residence, placed a single round of .380 ammunition into a 9 millimeter pistol. He walked back to the home, entered the house once again without permission or any further contact with Ms. Clayton while she slept; and it was at this time that he entered her bedroom and shot Dominique Clayton once in the head killing her while she was asleep.
Mr. Kinne then went back to his car. He left the area of Brittany Woods Subdivision. He drove back to the OPD horse barn. He got his cell phone, and proceeded to go home. He sent a text message to Ms. Clayton's phone at approximately 2:29 a.m. again, as the State would allege, in an effort to distance himself from the now murder. While driving down South Lamar, he removed the .380 casings from the 9 millimeter pistol. It had jammed in the pistol, and he threw that out of his window rendering that where it could not be recovered.
Your Honor, these facts would be presented through the testimony of witnesses, through videotaped evidence showing Mr. Kinne's OPD car backing out of Ms. Clayton's driveway, as well as a surveillance video that would show that same car leaving Brittany Woods Subdivision at about 2:05 a.m.
We would also show that the defendant was 14 interviewed by investigators. He was advised of his Miranda warnings. He waived those rights and agreed to speak to investigators and gave a tape-recorded statement. It was during this statement the defendant admitted his relationship with Ms. Clayton. He admitted that he had no key to her home. He admitted that he entered her home on two separate occasions that night and admitted to the murder and the disposal of the spent casing, as well as the other facts stated.
BY THE COURT: Thank you, Mr. Mallette. Mr. Farese, do you know of any reason why I should not accept your client's plea of guilty?
BY MR. FARESE: I do not.
BY THE COURT: Then the Court is of the opinion that this individual is aware of his circumstances. He's aware of the consequences of entering a plea of guilty. The Court is further of the opinion and finds that this individual has freely, voluntarily, and knowingly offered his plea of guilty to the crime of capital murder. It is the observation of the Court that as this defendant stands before the bench he is capable and competent to offer his plea of guilty; and since I have determined he has done so freely, voluntarily, and knowingly, I accept your plea of guilty to the crime of capital murder and I do hereby find and adjudicate you, Matthew Paul Kinne, to be guilty of the crime of murder. Mr. Mallette? 15
BY MR. MALLETTE: Capital murder, your Honor?
BY THE COURT: Capital murder.
BY MR. MALLETTE: Yes, sir. Your Honor, at this time, conditioned upon the plea of guilty, the State removes its intention to seek a death sentence in this case leaving only one option, that being life without parole. Prior to today and recently as just prior to the hearing, the State has talked with the family, primarily the mother of the victim, and informed them of their right to address the Court in these proceedings, and she has indicated to us she did not wish to do that.
BY THE COURT: Very well. Ms. Clayton and the family/ I'm sorry for your loss. Do you still with to proceed to sentencing?
BY MR. MALLETTE: Yes, sir.
BY THE COURT: Very well. Anything on behalf of Mr. Kinne?
BY MR. FARESE: No, sir, your Honor.
BY THE COURT: Then the Court based on the' State's announcement that the death penalty sentence has been withdrawn, I hereby sentence you to serve the remainder of your life in the custody of the Mississippi Department of Corrections without the possibility of probation, parole, or early release. It is the intention of this Court to serve that sentence in Parchman and never to be released. I will order that you pay all court 16 costs, fees, and assessments associated with the prosecution of your case.
Also, I want to thank the transport team from the Department of Corrections. I do hereby remand you immediately to the custody of the Mississippi Department of Corrections for transportation to a facility that is designated by the department. I will execute the immediate transport order and I will execute the judgment of the Court sentencing you to life without the possibility of parole for capital murder. I will provide those documents to the transport team. You may exit the courtroom right now. Everybody please stay in place in your seats while transport is being accomplished and then we will surrender the courtroom to you.
(COURT ADJOURNED) 17
COURT REPORTER'S CERTIFICATE
STATE OF MISSISSIPPI
BOUNTY OF LAFAYETTE
I, Christy L. Adair, Official Court Reporter for the Third Circuit Court District of the State of Mississippi, do hereby certify that to the best of my ; skill and ability I have reported the proceedings had and lone in the guilty plea hearing of STATE OF MISSISSIPPI 7S. MATTHEW PAUL KINNE, being Number LK2019-272 on the locket of the Circuit Court of Lafayette County, Mississippi, and that the above and foregoing seventeen (17) pages contain a true and correct transcript of my stenographic notes and tapes taken in said proceedings.
I do further certify that my certificate annexed hereto applies only to the original and certified transcript. The undersigned assumes no responsibility for the accuracy of any reproduced copies not made under my control or supervision. 18