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Tennessee appellate panel hears appeal challenging 'massage' conviction and 11-year sentence
Summary
A three-judge Tennessee panel heard arguments in the appeal of Richard Kennedy, where defense counsel said a 16-minute video shows indications of consent and the state said the recording and surrounding ruse demonstrate non-consent; the court took the matter under advisement.
COLUMBIA, Tenn. — A three-judge panel of the Tennessee Court of Appeals heard oral argument on an appeal by Richard Kennedy on claims that the evidence was insufficient to support his sexual-offense convictions and that his 11-year sentence was excessive.
Pat McNally, counsel for the appellant, told the panel the case raises “fundamental questions” about whether the state presented sufficient evidence for both its fraud-based and non‑consent theories and argued the 16‑minute videotape of the encounter undermines the convictions. “There’s never any words of saying no,” McNally said, arguing the recording shows the alleged victim verbally and physically engaging in the encounter and at points…
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