PALESTINE —
The punishment verdict of a 47-year-old Palestine man sentenced to 99 years in prison and assessed a $10,000 fine has been affirmed by the 12th Court of Appeals in Tyler.
Michael Allyn Kennedy, 47, of Palestine was assessed the maximum prison sentence and fine by an Anderson County jury following his punishment trial in January 2011.
An Anderson County jury deliberated Kennedy’s punishment for approximately 30 minutes early last year before handing down the maximum verdict.
Kennedy was found guilty of theft between $1,500 and $20,000 against the elderly by an Anderson County jury in May 2008 after the state successfully argued that he bilked an elderly World War II veteran out of thousands of dollars in late 2007.
Kennedy was originally sentenced to serve 62 years in the Texas Department of Criminal Justice by the same jury, but that verdict was overturned by the 12th Court of Appeals in December 2009.
Theft between $1,500 and $20,000 is typically a state jail felony, but is enhanced to a third-degree felony when the victim is 65 or older. The charge against Kennedy was enhanced by two degrees to a first-degree felony based on two prior convictions for burglary of a habitation in 1984 and burglary of a building in 1986, both in Anderson County, according to the state.
The 12th Court of Appeals later overturned Kennedy’s punishment verdict, finding that the state failed to fully prove one of the two enhancements.
During his second punishment trial in January 2011, a local jury deliberated for only 30 minutes before sentencing Kennedy to 99 years in the TDCJ and a $10,000 fine.
The 12th Court of Appeals affirmed the January 2011 verdict late last week.
During his 2008 trial, the state successfully argued that Kennedy received payments totaling between $16,000 and $20,000 from an 86-year-old Palestine man residing alone at a residence on East Kolstad Street.
The victim in the case passed away during 2010.
The initial contact between Kennedy and his victim was sometime during October 2007 as the elderly man was picking pecans in his yard, according to Stanley Sokolowski, assistant district attorney for Anderson County.
“Mr. Kennedy came over and asked (the victim’s name) if there was any work to be done,” and the victim told Kennedy that his roof needed repair, Sokolowski told the Herald-Press following the 2008 trial.
Between the first meeting and the end of 2007, Sokolowski said Kennedy generated handwritten contracts, calling for him to perform other work at the elderly man’s residence. The work also included replacing interior ceiling tiles and performing electrical rewiring, the assistant district attorney stated.
The victim’s insurance company paid claims relating to some of Kennedy’s submitted invoices, according to Sokolowski.
The state argued that Kennedy did virtually no actual work.
“He got fronted the money and didn’t finish the work,” Sokolowski said. “When he was there, he was usually either taking a nap or drinking beer according to testimony.”
The offense came to light in December 2007 when the victim’s insurance agent contacted City of Palestine officials regarding whether any permits had been obtained relating to work at the residence.
Following the defendant’s second punishment trial, Sokolowski told the Herald-Press that the state was satisfied with the stiff sentence.
“Obviously, we are pleased with the verdict,” Sokolowski said following the trial. “Obviously, the jury didn’t take too kindly to what he did to this individual. He’s (Kennedy) the type of guy who can’t follow the rules.”
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Paul Stone may be contacted via e-mail at pstone@palestineherald.com
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Appeals court affirms man's punishment verdict
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