JOHNSTOWN - The prosecutor of alleged murderer Derek "Deke" Kenney told Fulton County Court on Wednesday she will turn over some of 20 pieces of potential evidence taken from the defendant, but results from the state lab aren't yet conclusive in linking him to the July 7 killing of Brian L. Morrison.
Fulton County District Attorney Louise K. Sira said during Kenney's arraignment on his indictment that potential evidence will be turned over to the court as part of the normal discovery process. She said the prosecution is ready for trial, and has statements Kenney made to Gloversville police Detective Anthony Clay.
Following the arraignment, defense co-counsel Heidi Gifford said the prosecution doesn't have anything to link Kenney, 40 - who police said was homeless in Gloversville at the time - to the fatal stabbing of Morrison. She said her client also has an alibi witness.
"From the beginning of this case, we have maintained there would be no physical evidence or DNA evidence linking Mr. Kenney," Gifford said. "Mr. Kenney's innocent. We believe in our client and his innocence."
Gifford's defense co-counsel and husband, James DiPasquale, entered a plea of not guilty on behalf of their client to charges of second-degree murder, first-degree assault and criminal possession of a weapon. All three are felonies.
The diminutive Kenney, wearing an orange Fulton County jumpsuit, said little, only acknowledging he understood his rights. Many members of Morrison's family attended the proceeding and wept outside the courthouse.
Judge Polly A. Hoye scheduled the next court appearance, with Kenney present, for 9 a.m. Nov. 30 at the courthouse. She did not schedule a trial date and returned Kenney back to jail without bail.
Morrison was 42 and lived on Ted Drive in Johnstown. He was a father of three, a Babe Ruth baseball coach and an employee of the Gloversville Enlarged School District.
Gloversville police charged Kenney July 9, saying he fatally stabbed Morrison in the neck and left him to die on Bleecker Street in Gloversville. He was indicted by a Fulton County grand jury Sept. 2.
Kenney, who investigators described as a "known drunk" and drug user, has been arrested more than a dozen times, including twice in the days leading up to Morrison's death. Morrison was found unresponsive on the terrace on Bleecker Street. Investigators said Kenney visited the scene of the crime more than once on the night Morrison was found. Police seized an imitation Swiss Army knife they believe may have been used to commit the murder.
Hoye noted a motion made by the defense Sept. 7 with respect to a discrepancy in times listed in the indictment. She said she will act on the motion and noted the court had not previously discussed the issues.
"The timing of this is a little unusual," the judge said.
Sira presented grand jury minutes to the court.
Hoye said she wasn't going to impose a gag order in the case, which would have meant the lawyers couldn't discuss the case with the media. But she discouraged the lawyers from publicly discussing how their cases were proceeding.
"I'd encourage the attorneys not to put a lot of information out there," the judge said.
Michael Anich covers Johnstown and Fulton County news. He can be reached at johnstown@leaderherald.com.