Court upholds White suit $100 million case moves forward against LSPD officer

Lee's Summit Journal ^ | 2-1-2008 | Brett Dalton

[stan_sipple]

After Wednesday's ruling by the U.S. Court of Appeals, the city of Lee's Summit could face paying a hefty sum of money to a man wrongfully convicted of child molestation nearly 10 years ago.

The U.S. Court of Appeals for the Eighth Circuit has sided with former Lee's Summit businessman Ted White Jr. in his civil rights case against a Lee's Summit police detective and his ex-wife, who is now married to the detective.

White, whose 1999 conviction of molesting his step-daughter was overturned in 2005, filed a federal lawsuit against Lee's Summit Detective Richard McKinley and his wife Tina McKinley after the third retrial resulted in White's acquittal. White and Tina McKinley were married when Tina became romantically involved with Richard McKinley while he was working White's case - a fact not presented during White's first trial. * After being acquitted, White filed a civil lawsuit against Richard and Tina McKinley, the city of Lee's Summit and then-police chief Ken Conlee. With the U.S. Court of Appeals decision to side with White, the case will probably head back to district court, said Brian McCallister, White's attorney.

If Richard McKinley is found guilty in district court of denying White the right to a fair trial by withholding evidence of his innocence - which includes the alleged molestation victim's diary - and of violating White's constitutional rights, the city of Lee's Summit would be forced to pay any compensatory damages awarded to White by the jury, McCallister said. McCallister said that stipulation went into place as terms of an agreement made with the city that dropped the city from the lawsuit.

If Richard and Tina McKinley are found guilty in the district court and punitive damages are awarded, McCallister said the McKinleys would be forced to pay that amount. Initially, White was seeking $100 million in restitution for wrongful conviction and imprisonment, as White served five years of a 50-year conviction after his first trial. He was seeking $75 million in actual damages and $25 million in punitive damages, as well as court costs and attorney fees to the case. McCallister said on Thursday that the district court jury will ultimately decide how much White would receive if Richard and Tina McKinley are found guilty and damages are awarded.

According to a news release, the U.S. Court of Appeals sided with White because "McKinley failed to take custody of and preserve evidence in the investigation which was indicative of White's innocence and failed to disclose the intimacy of his relationship with White's ex-wife, resulting in deprivation of White's constitutional rights."

The case went to the U.S. Court of Appeals after a district court denied Richard McKinley's motion for a summary judgment - a judgment made without a full trial - after the civil lawsuit was filed. Richard McKinley appealed that decision to the U.S. Court of Appeals, who ultimately sided with White. Writing for the U.S Court of Appeals for the Eighth Circuit, judge Lavenski R. Smith said the U.S. Court of Appeals with the district court that "the facts alleged here meet the bad faith standard."

"Treating the facts as alleged to be true, a reasonable juror could find Richard deprived White of a fair trial in bad faith by deliberately steering the investigation to benefit his love interest, Tina," Smith wrote. "Richard deliberately withheld from the prosecutors the full extent of his relationship with Tina and failed to preserve the alleged victim's diary which did not corroborate the molestation allegations."

Regarding the U.S. Court of Appeals' ruling, McCallister said he is happy for Ted White Jr. and his family. "It has been nearly a decade that Ted has been waiting for his story to be heard," he said. "Now, the facts will be decided by a jury and the decision how lies in the hands of a jury in Kansas City, Mo., to decide whether Ted should be compensated for what has happened to him."

Bob Handley, Lee's Summit city attorney, did not return messages left to his office by the Journal as of press time. Ted White Jr., as well as Richard and Tina McKinley, also could not be reached by the Journal. McCallister declined to release contact information for his client, Ted White Jr.

[stinkerpot65]

Cops and prosecutors who withhold evidence should go to prison.

[TLI]

White and Tina McKinley were married when Tina became romantically involved with Richard McKinley while he was working White's case - a fact not presented during White's first trial.

Makes me think 100,000,000.00 is not enough.

How about the cash and a public caneing at noon in front of the courthouse for the good Detective Richard McKinley.

I wonder about all those prosecutors with unbelievable conviction rates. As in I am starting to not believe them.

[purpleraine]

They should do the time that the suspect would have done if convicted.

[Jack Black]

It may bankrupt the city. Which, given that they employ poeple of the detective’s caliber may be a good thing. No city, no more corrupt cops.

[purpleraine]

Usually when a city doesn’t have police, they use the sheriff’s department. Will that make it better?

[Gay State Conservative]

Hopefully it will bankrupt the cop and his new bride.

[stan_sipple]

The Eighth Circuit Court of Appeals opinion contains even more shocking details, such as the prosecutor and the detective agreed to secret cues on how to answer questions during the detective's deposition. "the prosecutor first learned that Tina and Richard were actually having an on-going romantic relationship, as opposed to just having gone on one date, when they announced their engagement. Prior to Richard's January 1999 deposition, the prosecutor told Richard that he would need to answer questions about the affair truthfully. The prosecutor said he would cough to signal to Richard when he needed to disclose the affair in response to a question. Richard was asked if he had any personal interest in the case, during a deposition, and he stated he did not. The prosecutor did not signal him to say otherwise. Consequently, White never learned of Richard and Tina's affair before his first criminal trial"

[Not gonna take it anymore]

Well that filing is pretty damaging to Tina and her new husband Richard.

[stan_sipple]

she can pay for it with the stock options she thought she would take from her ex’s company

[Not gonna take it anymore]

I’m thinking those stock options are now his since he was acquitted of the felony.

Did I miss something. I see a lawsuit but where is the DA on this in prosecuting these two scumbags?

[cherry]

what evidence was allowed?....that is conveniently left out in this article...

would you write about being molested or raped in a book that others might see if you were a kid and the molester lived in your house?....

how many millions and billions has the Catholic church paid out to men that simply STATED as adults that they were molested as kids or young men?....and that held up.....

did the step dtr report the abuse?...how old was she?....facts in this case would be nice rather than legal maneuvering...

[cherry]

did the affair have ANYTHING to do with the allegations of molestation?...the affair could be a 100% MOOT point...

[Fido969]

McKinley failed to take custody of and preserve evidence in the investigation which was indicative of White's innocence

Not moot at all. A clear pattern of behavior.

[stan_sipple]

it was in the 8th Circuit Court of appeals opinion

http://www.ca8.uscourts.gov/opndir/08/01/071002P.pdf

[Jack Black]

Usually when a city doesn’t have police, they use the sheriff’s department. Will that make it better?Probably. There are a lot more corrupt towns than counties.

[purpleraine]

Maybe it’s because there are a lot more towns than counties.