Orange Opens Door for Suit by McKinney

Contending it is now too late for him to seek damages, the city of Orange has refused to pay a claim brought by a man who spent nearly two decades in prison for a murder prosecutors now doubt he committed.

DeWayne McKinney filed the claim in May, 3 1/2 months after he was released from prison at the urging of Dist. Atty. Tony Rackauckas. McKinney’s claim for monetary damages accused an Orange police detective of misleading witnesses who identified McKinney in court.

Lawyers for the city contend the deadline for McKinney to file the claim expired six months after his 1980 arrest for the slaying of a fast-food restaurant manager in Orange.

By refusing the claim, the city cleared the way for McKinney to file a lawsuit. McKinney’s lawyer, Brian A. Sun, said he plans to file the lawsuit in federal court.

“We feel the city is factually and legally inaccurate in taking that posture,” Sun said. “We expect to vigorously pursue these claims on behalf of Mr. McKinney.”

Orange City Atty. David De Berry did not return a telephone call seeking comment. Orange County attorneys failed to respond to separate claims McKinney filed against the district attorney and public defender offices. Both agencies will be named in the federal lawsuit, Sun said.

In his claim, McKinney accused the public defender’s office of failing to pursue evidence pointing to another suspect. He accused prosecutors of tampering with witnesses.

McKinney, now 39, was released from prison in January after the public defender’s office filed a motion pointing out evidence that another man might have committed the crime. Prosecutors said the new evidence cast doubt on McKinney’s guilt, but they have not yet filed charges against the suspect identified by the public defender’s office.