JUSTICE FOR TONY ROBINSON REOPEN THE CASE; FIRE MATT KENNY
JUSTICE FOR TONY ROBINSON REOPEN THE CASE; FIRE MATT KENNY
In 45 days, the stature of limits runs out. For Five-years, ten months, and 2 weeks, we have been on the streets with peaceful protests. I am a disabled military veteran. Honorably discharged from service. When we wear a military or police uniform, we do so in service of the people. There is no honor when that uniform is used to hide the wrongness of the officer's actions. Mike Koval was chief of police when officer Matt Kenny fatally shot Terrell, my grandson, aka Tony Terrell Robinson jr., on March 6, 2015. In an email, Koval told the lead investigator to find justification for the shooting. The lead told Koval in a return email. He did not want to talk to Kenny then. This was before the investigation even began. Of course, Kenny was then cleared by the lead investigator of any wrongdoing. Kenny lied to justify his actions in his official Wisconsin Division Of Criminal Investigation statement on Dec 9, 2015, 3 days after the killing. He recanted that statement. There is no honor in a lie. THERE IS NO JUSTICE IN A LIE. We have fought for almost six years for the truth to be seen; It has not. It has been ignored, by mainstream media, the city of Madison, the ex-mayor, and the ex-chief of police, the DA himself. 2020 might have been a hard year, but it was also an eye-opener. Since the explosion of protests over George Floyd, my grandson's name and face has resonated through the city of Madison Wi. JUSTICE FOR TONY. Now Madison and the world are waking up. Now they see the violence and injustice in their own backyards.
We have the evidence. We have the proof. We need your support. We will file a criminal complaint under Wisconsin statue 968.02 (3) and ask for a reopening of the case based on perjury. If the officer lied, then his statement is no longer valid, and therefore the justification is no longer valid. The DA used the officer's statement as a major reason to justify because none of the forensic evidence supported any of Kenny's statement. We are asking for his immediate dismissal and to reopen the case and charge Matt Kenny. Let a jury of 12 of his peers decide his fate based on Facts, Forensics, and Evidence. Not made-up stories and lies.
We ask for 10,000 signatures in 5 weeks to accompany the criminal complaint being filed. This petition will bring closure to our families who feel the pain of his death with no healing. It will bring closure to a city that needs to hear the truth and see how they can move forward from systematic racism; change the world by changing themselves.. The City of Madison and Matt Kenny ask the courts to throw out the case. This is an excerpt from the honorable James Peterson District Judge's answer to that request.
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN THE ESTATE OF TONY ROBINSON, JR., ex rel. PERSONAL REPRESENTATIVE ANDREA IRWIN, Plaintiff, v. THE CITY OF MADISON, WISCONSIN, and MATTHEW KENNY, Defendants. OPINION & ORDER 15-cv-502-jdp On March 6, 2015, Matthew Kenny, a Madison police officer, was sent to a residential address on Madison’s east side to check on Tony Robinson after several 911 calls had reported Robinson’s erratic behavior. Less than a minute after
Kenny arrived, he shot and killed Robinson in the stairwell of the residence. Kenny was cleared by an internal investigation by the Madison Police Department, which determined that the shooting did not violate department policies concerning the use of force. The district attorney declined to bring criminal charges against Kenny. Robinson’s mother, Andrea Irwin, brings this civil lawsuit under 42 U.S.C. § 1983 n her capacity as the personal representative of Robinson’s estate. Plaintiff alleges that Kenny violated Robinson’s rights under the Fourth Amendment by using objectively unreasonable force against him. Kenny contends that his use of force was reasonable because he believed that Robinson was assaulting someone, and that when he entered the building to investigate, Robinson attacked him. Plaintiff alleges that the City of Madison is also responsible for Robinson’s death because the police department conducts shoddy investigations that do not Case: 3:15-cv-00502-jdp Document #: 236 Filed: 02/13/17 Page 1 of 54 2 hold officers accountable for shootings, thus encouraging officers to use deadly force with impunity. Both Kenny and the City have moved for summary judgment, Dkt. 43 and Dkt. 47, contending that the material facts are undisputed and that plaintiff’s claims must fail as a matter of legal principle. The parties have also filed a number of motions asking the court to exclude some of the other side’s expert evidence. Dkt. 56; Dkt. 58; Dkt. 59; Dkt. 60; Dkt. 80; Dkt. 81; Dkt. 103; Dkt. 104; Dkt. 114; Dkt. 115. Expert evidence is critical to this case, because Kenny is the only remaining witness to what happened in the stairwell. Both sides rely on expert interpretation of the physical evidence to confirm or
contradict Kenny’s version of the events. Under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S.579 (1993), the court must serve as a gatekeeper and decide whether the proffered expert evidence is reliable and relevant enough to be admitted. So, before considering the motions for summary judgment, the court must decide what evidence it will allow in the case. As explained in this opinion, some of the opinions of the experts are too speculative to be admitted and some are legal conclusions that the court will disregard because those are matters for the court or the jury to decide. But, for the most part, the court concludes that the parties’ expert evidence is admissible. And, based on this evidence, what happened in the stairwell on March 6, 2015, is sharply and genuinely disputed. Thus the court must deny Kenny’s motion for summary judgment. Whether Kenny’s use of force was objectively unreasonable is an issue that must be resolved at trial.