Kinney Hearing Ends in More Confusion
By: Mitch Carr
Updated: January 21, 2010
After hours of testimony and two days in the court room at the Hockley County court house in Levelland, somehow neither side got what it wanted.
Both Lubbock defense attorney Rod Hobson and Hockley County attorney Chris Dennis came to the Hockley County court house over the past two days thinking they were arguing about whether or not former Hockley County Sheriff David Kinney should be reinstated.
"Both Mr. Dennis and I were apparently under the impression that he could reinstate [Kinney], the judge says the statute does not allow for that," Hobson said after the hearing concluded.
After hours of testimony they were informed that was not in fact the case.
Lubbock judge Blair Cherry ruled that it is not his decision to reinstate or not to reinstate Kinney to his old post. He also decided that a temporary restraining order against the former sheriff is no longer necessary.
"The temporary restraining order's no longer in effect. That doesn't change the fact that [Kinney] was removed from office. They were two seperate deals, according to the judge," Hobson said.
Cherry said that statutes mandate that the ultimate decision on whether or not Kinney will be reinstated lies with a jury and not with a judge.
Hockley County Attorney Chris Dennis says, at least for today, Kinney will not be reinstated.
"That portion of evidence is not going to be considered. He's not going to be put back into office," Dennis said.
Confusion aside, Dennis says the hearing did serve a purpose.
"Essentially, this was both of us offering proof of our position, perhaps in the event an appelate court decides to tell Judge Cherry that he does have the power to make that ruling," Dennis said.
A jury trial to decide the matter once and for all is scheduled for March 22.
