Business & Tech

Mark Kinney Guilty on 8 of 10 Molestation and Porn Charges

The musician and private music instructor was remanded into custody after hugging his father, sister and a family friend.

A visibly shaken Mark Lewis Kinney was escorted into custody at the El Cajon courthouse Thursday, after a jury returned guilty verdicts for eight of 10 counts in his child molestation and pornography trial.

Kinney, who performed and taught music in Ramona, Wynola and all over San Diego county, faces a possible sentence of 32 years to life in prison for the convictions related to three young music students. At the time the incidents occurred, all three girls were under 14. Kinney was arrested in late 2009 and was free on bail and still teaching adults until Thursday.

His attorney, David Cohn, said Kinney "always kept hoping for the best outcome and he only wanted to focus on that."

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"I don't think he'd ever thought about what could happen beyond this day," Cohn told Ramona Patch outside the courtroom after the hearing.

Cohn said he was disappointed with the guilty verdicts. He said it's not known yet which facility Kinney will be held at or whether Kinney will appeal.

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The jury found Kinney guilty of five counts of performing lewd and lascivious acts on a child under 14, as well as the count of using a minor to perform an illegal act, and the charges of creating obscene material and possessing child pornography. The counts regarding lewd acts were enhanced by allegations that multiple children had been victimized.

Kinney's sentencing is scheduled for March 18.

The jury appeared tired as they were brought into the courtroom.

Juror Bret Wilson, 49, a federal employee, spoke to Ramona Patch outside the courthouse after the hearing.

"It was very intense," Wilson said. "I didn't feel the enormity of it until after [the clerk] started reading all the counts.

"The girls were very credible," he said. "That was a turning point for us. They were able to look people in the eye and talk to them. They were good all-American girls. All those girls were the kind of girls you'd want to reach out and hug."

He said he was saddened when one of the girls sobbed during a break in a forensic interview. Video copies of all the girls' forensic interviews were played in the courtroom.

Judge Allan Preckel praised the jury.

"The more lengthy, sensitive, difficult a trial is, the more the jurors seem to rise to the occasion," he said. "You've been a terrific group of jurors. All of us have been well-served by the time and energy you've spent on the task at hand. We've been fortunate to have you 12 jurors."

The jury consisted of 10 men and two women. Wilson said that the jury did not divide along gender lines, but that the two women disagreed "half the time." He said the jury didn't find guilty verdicts on two charges of lewd acts because they felt that the state hadn't met its burden of proof on those.

Leslie Kinney, Mark's sister and a prosecution witness, was tearful after the verdicts. She sat with their father and a family friend at the back of the courtroom. Afterward, she told Deputy District Attorney Timothy Campen, "You did an amazing job. Thank you so much."

Kinney's father twice declined interviews with Ramona Patch during the trial; however he did say several times that he found it hard to hear the proceedings and that he had a lot on his mind.

Kinney, 48, grew up in Barstow, where his father still lives. Kinney had been living there and also in Borrego Springs during the investigation and prior to the trial.

The judge praised the attorneys for their professionalism. Wilson did the same outside the courthouse. Campen told Wilson, "We knew the case would be difficult. So we decided up front not to make it an unpleasant working environment."


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