Timmy Earl Kinner Jr. sent a note to Ada County Jail staff, addressed “To whom it may concern!” The July 20 note read:
“This is from Timmy Kinner 01119786. I have info pertaining to my case & I need to speak w/ an investigator. Possibly & preferably 1 already assigned to investigate my charges.”
The 30-year-old is charged with murder in connection with the June 30 stabbing of nine people, including 3-year-old Ruya Kadir, who later died. He’s also facing eight counts of aggravated battery and a use of deadly force enhancement.
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The contents of that note, which is called a “kite” in the context of written jail communication, was not available when the Statesman first reported July 27 that Kinner had summoned police to the jail. A Boise police spokeswoman told the Statesman no conversation between police and Kinner took place that day.
Kinner’s three attorneys with the Ada County Public Defender’s Office, who declined to comment July 27, said in court documents filed a few days later that their client was not summoning a police detective when he asked to speak to an “investigator” that day but rather a defense investigator whom they had assigned to Kinner’s case.
They also said a Boise police detective’s comment to Kinner that day was an “unconscionable” violation of his Sixth Amendment rights, and they filed a motion seeking to limit police and other agents of the state access to Kinner unless his counsel is present. They also requested to be notified by the sheriff’s office of all future kites sent by Kinner.
“The state knew the defendant was represented by counsel, that the defendant’s mental conditions would be a significant factor, and possibly knew (or should have known), that the defendant had requested to meet with an investigator versus a detective in the kite,” Kinner’s attorneys said in a July 30 memorandum to support their motion to limit access to their client.
Ada County Prosecutor Jan Bennetts declined to comment, other than to say: “My office will respond to the defense filings through the court process.” A Boise Police spokeswoman also declined to comment.
Kinner’s attorneys said in court documents that they became aware that police were planning to meet with Kinner when they received a call from the Ada County Prosecutor’s Office at 5 p.m. July 20. They said they twice asked for the meeting to be canceled but prosecutors declined to call it off.
“The kite in no way asks to speak with a detective or a member of law enforcement,” the memorandum says. “Law enforcement and the state are precluded from seeking clarification from the defendant due to the fact that he is represented by counsel, which if not abundantly clear from the record in this case, was acknowledged by the prosecutor before the attempted interrogation.”
The public defenders further assert that within 30 seconds after Kinner had “unequivocally invoked his Fifth and Sixth Amendment rights,” one of the detectives told Kinner that “Your attorney does not write reports, we write reports, so if you want to tell your side of the story, let us know.”
That statement was “designed to evoke an incriminating response at that time or in the future,” Kinner’s attorneys said in the motion, calling it an unconscionable violation of the defendant’s Sixth Amendment rights.
Kinner has asked to represent himself, but he has three public defenders: David Smethers, Brian Marx and Daniel Lorello.
On July 24, Marx filed a motion with the court, providing notice that Kinner “heretofore asserted his Fifth Amendment right to silence and Sixth Amendment right to counsel, reiterates these rights herein, and places all persons on notice of the aforementioned rights have not been waived, and cannot be waived without counsel present.”
At Kinner’s last court hearing, when his attorneys tried to bar cameras from the courtroom, he told the judge that he thought it was “sabotage” that they would continue to be permitted to cover the proceedings.
His next court appearance is scheduled for Aug. 14.
Katy Moeller: 208-377-6413