New trial for Kenneth Maready | Durham County | Indy Week
Pin It

New trial for Kenneth Maready 

click to enlarge followup.jpg

Almost two years after a Durham County judge sentenced Kenneth Maready to more than 50 years in prison in connection with a drunken driving death, the N.C. Court of Appeals ruled 2-1 last week that Maready deserves a new trial. (See "The mind of Kenneth Maready," cover story, Nov. 7, 2007.)

Maready killed Kay Stokes in February 2005 after he fled from a traffic stop and crashed into Stokes' pickup truck. In 2006, a jury convicted him of second-degree murder, driving while intoxicated and several other charges. It was the seventh time Maready had been convicted of drunken driving.

The appellate court ruled that sheriff's deputies stopped Maready without reasonable suspicion in violation of his Fourth Amendment rights; the deputies stopped Maready after a woman flagged them down and said Maready was driving erratically. The court also ruled that parts of Maready's criminal history—DWI convictions that date back to 1980—should have been inadmissible as evidence because the convictions were too old.

Because the court decision was not unanimous, the state can appeal the decision to the N.C. Supreme Court.

"I would be astonished if the state didn't file a notice of appeal," says Daniel Pollitt, Maready's appellate defender. "But ... the longer they wait, the more time they have for when their brief will be due." It could be months before the N.C. Supreme Court hears the case, Pollitt says.

Maready, who talked with the Independent about his long history of substance abuse and mental illness, may not live that long. He is dying from hepatitis C. Pollitt wrote Maready in prison to tell him about the appellate decision, but has not yet heard back.

More by Mosi Secret

Comments

Showing 1-1 of 1

Add a comment

 
Subscribe to this thread:
Showing 1-1 of 1

Add a comment

INDY Week publishes all kinds of comments, but we don't publish everything.

  • Comments that are not contributing to the conversation will be removed.
  • Comments that include ad hominem attacks will also be removed.
  • Please do not copy and paste the full text of a press release.

Permitted HTML:
  • To create paragraphs in your comment, type <p> at the start of a paragraph and </p> at the end of each paragraph.
  • To create bold text, type <b>bolded text</b> (please note the closing tag, </b>).
  • To create italicized text, type <i>italicized text</i> (please note the closing tag, </i>).
  • Proper web addresses will automatically become links.

Latest in Durham County



Twitter Activity

Most Recent Comments

I will never, ever live in another neighborhood that has an HOA. It's not even up for debate.
I already …

by mike_in_nc on Does North Carolina give homeowners associations too much power? (Durham County)

I would not buy or invest in a development that did not have an HOA. That after having made the …

by 669283 on Does North Carolina give homeowners associations too much power? (Durham County)

I've never lived in a house built more recently than 1976, so I have no personal experience with HOAs. I …

by David 1 on Does North Carolina give homeowners associations too much power? (Durham County)

Why any home buyer would voluntarily want another layer of bureaucratic control upon them, by buying into an HOA....just say …

by Michael Gary on Does North Carolina give homeowners associations too much power? (Durham County)

Comments

I will never, ever live in another neighborhood that has an HOA. It's not even up for debate.
I already …

by mike_in_nc on Does North Carolina give homeowners associations too much power? (Durham County)

I would not buy or invest in a development that did not have an HOA. That after having made the …

by 669283 on Does North Carolina give homeowners associations too much power? (Durham County)

Most Read

© 2016 Indy Week • 201 W. Main St., Suite 101, Durham, NC 27701 • phone 919-286-1972 • fax 919-286-4274
RSS Feeds | Powered by Foundation