Carmel Valley attorney, wife slain; neighbor arrested
earthage
DOUBLE HOMICIDE IN C.V.
Attorney, wife slain; neighbor arrested
By LAITH AGHA
Monterey Herald
1/31/2006
A long-running neighborhood dispute turned deadly Monday evening when
a well-known Carmel Valley attorney and his wife were slain, allegedly
by their neighbor, a 72-year-old scientist.
Sheriff's deputies said Melvin Noble Grimes, 58, and Elizabeth
Ellington Grimes, 55, were shot to death several hours after the
neighbor, John Franklin ''Jack'' Kenney, placed a large boulder at the
base of the Grimes' driveway, blocking access to their house.
The shootings reportedly occurred while Mel Grimes was attempting to
move the boulder, which had been dropped off around 3 p.m. Monday,
directly behind the Grimes' Volkswagen bus, while a deputy stood
guard.
It was the final episode in a well-documented feud between the
neighbors, who shared a private driveway off Hitchcock Canyon, near
Carmel Valley Village. Over the years, accusations of disorderly
conduct and harassment flew as the neighbors blamed one another for
rattling windows, poisoning pets and dumping garbage. The two sides
were in a dispute over whether the Grimes' carport was built legally
and whose property it was on.
The suspect reportedly is an oil exploration specialist who has pushed
a theory that oil is formed from inorganic material. He apparently
maintains other households -- in France and in Texas -- and has been
somewhat active in Carmel Valley land-use politics.
Mel Grimes was a prominent criminal-defense attorney with an office in
Salinas. An avid runner, bicyclist and surfer, he had participated in
several marathons. Grimes recently joined the Monterey Blues Festival
board. His wife, an artist, also volunteered with the festival.
The couple were found in their carport about 15 minutes after
Elizabeth Grimes made a frantic call to 911 to report an altercation
at 5:40 p.m. Monday. Mel Grimes was pronounced dead at the scene;
Elizabeth Grimes died en route to a trauma center in San Jose.
Sheriff Mike Kanalakis said deputies were called to the scene earlier
in the day after Kenney's attorney, Nicholas Cvietkovich, asked for a
"civil standby" when the boulder was delivered. Cvietkovich sought the
sheriff's presence to maintain peace, said Kanalakis.
"With a civil standby, it is not the sheriff's policy to take a side
in a civil matter," Kanalakis said at a news conference in Salinas on
Tuesday. "Our role is to ensure and keep the peace -- and not law
enforcement."
Kanalakis said the investigation continues, but he also said that
Kenney did not possess a permit to carry the semi-automatic handgun
that investigators believe was used in the crime. Kanalakis declined
to say who owned the weapon.
Deputies said a "hysterical" Elizabeth Grimes called 911 to report a
dispute between her husband and Kenney. She made no mention of gunfire
during that call, said Kanalakis.
Shortly after that call, dispatchers received a call from Kenney, who
reported that he was being harassed by his neighbor.
When deputies arrived at the Grimes residence about 15 minutes later,
they found the Grimeses on the ground in their carport. The victims
had suffered gunshot wounds from a semiautomatic handgun.
>From the Grimes' property, deputies spotted Kenney standing in the
dark on his property and approached him. Kenney turned to enter his
house, but stopped when told by deputies he was under arrest.
Sheriff's Cmdr. Malcolm Gray said Kenney did not resist arrest, but
refused to make a statement.
Investigators secured a search warrant and found the alleged murder
weapon in Kenney's house, said Kanalakis.
"We still have a lot of information we're sifting through," said
Kanalakis. "In a double murder like this, there's a tremendous amount
of evidence that needs to be analyzed and catalogued."
Kenney remains in County Jail on $2 million bail. He is expected to be
arraigned later this week.
earthage
> In article <1170312945.549834.218...@j27g2000cwj.googlegroups.com>,
>
> "earthage" <earthage2...@yahoo.com> wrote:
> > Kenney remains in County Jail on $2 million bail. He is expected to be
> > arraigned later this week.
>
Or for sure he'll run to France where he has a wife and two adopted
children.
>
> Let's see, some sort of diminish capacity defense, his best bet is to
> move the trial down to Orange County, to a place like Dana Point or
> Laguna Beach, they will probably compromise and move it to Santa Barbara
> County.
>
> Lying in wait, killing two people, gun found in his home, his motive is
> tattooed on his forehead; his defense team has to do some pretty
> impressive magic tricks to get him out of this situation.
I don't know that he was lying in wait, or that could be proved.
Sounds
like he just flipped and has been flipping out for some time.
> I am curious who in this civil disputes were making the more outrageous
> accusations.
Monterey Herald has lots of articles on this case, including PDF files
of the
complaints filed by both parties. I haven't had time yet to read the
court
documents. Murders don't happen very often in toney Carmel Valley.
Here's a picture of the boulder and the VW bus.
http://www.montereyherald.com/images/montereyherald/montereyherald/16597/275461519999.jpg
PDF files located here, Grimes & Kenney court documents
http://www.montereyherald.com/mld/montereyherald/news/breaking_news/16590080.htm
earthage
Lawyer faults deputies in C.V. double homicide
Suspect's attorney says sheriff's office was warned of possible
violence
By LARRY PARSONS
Monterey Herald
2/1/07
A civil attorney for John Franklin Kenney, the man accused of killing
a Carmel Valley attorney and his wife after a long property dispute,
leveled criticism Wednesday at the Monterey County Sheriff's Office
for not taking action he claims could have averted the double-slaying.
Sheriff Mike Kanalakis called the attorney's accusations "over the
top" and "irresponsible."
"Here's what is important," the sheriff said. "Two people lost their
lives and his client murdered them."
Kenney, 72, appeared Wednesday in a Salinas courtroom on charges of
murdering his Hitchcock Canyon neighbors, Mel Grimes, 58, and
Elizabeth Grimes, 55. Kenney's arraignment has been postponed until
Tuesday.
Nickolas Cvietkoich, Kenney's attorney in a civil case related to his
long property feud with the Grimeses, said he repeatedly requested
that deputies be on hand Monday afternoon when a one-ton boulder
Kenney had ordered to mark his property was to be delivered.
Cvietkoich said he had called the sheriff's office for the "civil
standby" about 2 p.m. Monday and at least four times a few days before
to ensure that deputies would be on hand. He said he and Kenney even
discussed the issue last October in a meeting with Kanalakis.
"The whole point of a deputy being there was to prevent something like
this," Cvietkoich said. "I wanted the deputies there when the rock was
delivered and until (the Grimeses) arrived."
Cvietkoich said he was incensed when he heard the sheriff say during a
Tuesday news conference that deputies were at the scene when the
boulder was delivered, but left before the fatal encounter between the
Grimeses and Kenney.
Cvietkoich said no deputies ever came to Kenney's home. He said he
stayed there from 2:30 until 4:30 p.m. with Kenney and, for much of
the time, with Michael Morrison, a Marina city councilman who was a
private security consultant for Kenney.
On Wednesday, the sheriff's office changed Kanalakis' account and said
deputies dispatched to the civil standby request met the delivery
truck coming down the hill from Kenney's home and were told the
boulder had been left without incident.
"Deputies then departed the area without proceeding to the address in
question," a sheriff's news release said.
Cvietkoich said he wanted deputies to come to the scene so he could
ask them to stay until the Grimeses discovered the boulder. He said
Kenney placed the boulder in a disputed parking area that sits on his
land as a means of protecting his property rights.
"I was going to tell the deputy to stay there until Mr. Grimes came
home. I figured it wouldn't be that long," Cvietkoich said.
Based on the turbulent history between the neighbors, Cvietkoich said
he was optimistic that deputies would have remained at the scene.
In a civil standby, deputies are dispatched to keep the peace in civil
matters that have the potential for violence. The most typical case is
a divorce when one spouse returns to the house for his or her
belongings.
Kanalakis said it is up to individual officers to make the call on a
civil standby when they believe the possibility for violence has
passed.
He said the two deputies dispatched at Cvietkoich's request Monday
acted correctly. "They clearly felt there was no more danger," he
said.
As for Cvietkoich's contention that deputies should have checked the
scene and stayed until they could defuse confrontation over the
boulder, Kanalakis asked, "Are you expecting to post two deputies all
night?"
"How long should the deputy wait around?" he said. "We're stretched
thin. We have a wide area to cover. If there is no more immediate
danger, they are going to depart the scene."
He noted the first 911 call from Elizabeth Grimes came in about 5:40
p.m., almost three hours after the trucker delivered the boulder to
Kenney.
Kanalakis said Kenney's request for deputies to be on hand when the
boulder was delivered was among "a wide variety of topics" discussed
during his meeting in October with Kenney and Cvietkoich.
He declined to comment further, saying the meeting dealt with the long-
running dispute between Kenney and his alleged victims and now is part
of the double-homicide investigation.
The sheriff said it would be conjecture to conclude the deaths could
have been avoided had deputies gone to Kenney's home and discussed the
situation with Cvietkoich.
"If we were everywhere all the time," he said, "we could prevent all
crime."
Morrison, who owns a private security consulting firm, said he had
advised Kenney on personal and home security issues for about a year.
He said Kenney was referred to him by a law enforcement acquaintance.
Morrison said he was at Kenney's home from 2:30 to 3:30 p.m. Monday to
act "as professional witness" to the delivery and placement of the
boulder on Kenney's property.
He said he had to leave to attend to city business in Marina, but was
concerned the newly placed boulder could provoke an angry reaction
from Mel Grimes.
Morrison said he tried to serve papers on Grimes about a year ago when
Grimes became very upset.
"I was concerned he would not take kindly to the placement of the
boulder," he said.
If deputies had been there at the right time, Morrison said it may
have prevented the fatal shootings.
"If there is a police officer or a deputy standing by, most normal,
sane people would not go off," he said.
Morrison said he was surprised when he learned about the deaths later
Monday that Kenney allegedly had used a firearm.
"I had no idea about (him) having a weapon," Morrison said.
"Discussing personal security with him, he never divulged he had any
weapon."
Morrison said he would have advised Kenney, because of his age,
against using a firearm for security purposes.
"At a certain point, we have to give up our weapons," he said.
Wild Monkshood
earthage wrote:
>
> Here's a picture of the boulder and the VW bus.
>
> http://www.montereyherald.com/images/montereyherald/montereyherald/16597/275461519999.jpg
I was expecting something a little more substantial. I now a rock of
that size must weigh a lot, though.....
WM
scooter34
> In article <1170351021.532531.240...@s48g2000cws.googlegroups.com>,
>
> "earthage" <earthage2...@yahoo.com> wrote:
> > > Lying in wait, killing two people, gun found in his home, his motive is
> > > tattooed on his forehead; his defense team has to do some pretty
> > > impressive magic tricks to get him out of this situation.
>
> > I don't know that he was lying in wait, or that could be proved.
> > Sounds
> > like he just flipped and has been flipping out for some time.
>
> conflict quite knowingly by dumping the rock or whatever it was,
> boulder? in front of Grimeses' car, and confronted Grimes when he was
> moving it. He was itching for a fight. Perhaps he went back into his
> house to get his gun in a rage, but he was waiting for Grimeses to
> react... His intent may not had been to kill them, but it was definitely
> wanting to escalate the conflict. (which contradicts my stating he was
> lying in wait, intent is alot of it)
>
>
>
> > > I am curious who in this civil disputes were making the more outrageous
> > > accusations.
>
> > Monterey Herald has lots of articles on this case, including PDF files
> > of the
> > complaints filed by both parties. I haven't had time yet to read the
> > court
> > documents. Murders don't happen very often in toney Carmel Valley.
>
> > tm
>
> The disappearing cats I'll blame on coyotes in Grimes's documents, the
> assault/altercation on Elizabeth Grimes, (her hand?) is not going to
> looked good for Kenney. Kenney's assertion about someone knocking on
> his windows in the middle of the night, sounds like he had some
> affliction of paranoia. I am bias about the dogs, especially Golden
> Retrievers, if there were half malmute/half timberwolf, then I can
> understand Kenney would have issues, I think once this property dispute
> became contentious, he pretty much declared war on Grimes.
>
> The Monterey County zoning commission approved or retro-actively
> approved Grimes's remodeling and extensions on his property in this PDF
> document. So Kenney's actions were probably on the wrong side of law.
> The only thing that I will accuse at this moment of chicanery done by
> Kenney in Grimes's document is tearing down property markings.
>
> Kenney's document and statement seemed to be even more whining and kind
> of delusional.
>
> Zoning permit.
>
> http://www.co.monterey.ca.us/pbi/cca/pc/2006/02-22-06/PLN050272PC2.pdf
The Superior Court of Monteray has the filings but not many details on
these cases - weblink to search for their names here:
https://www.justicepartners.monterey.courts.ca.gov/Public/JPPublicIndex.aspx
Use the wildcard symbol % in the first name box - there are cases
under Mel, Melvin, and Elizabeth Grimes, and cases under Jack and John
Kenney. Not much info to be gleaned, except that when I searched for
cases under his name, he was the plaintiff on all of them. I found
the evidence from the pdf's in the paper to lead me to believe he was
a whiner. Although we'll never have an answer on the determination on
the illegal septic tank or the easement on the driveways, I think the
fact he continually constructed things in the area where the disputed
driveway was indicates that he was spoiling for confrontation. I also
think that comajedra's lying in wait is not that far off the mark - he
was obviously anticipating a row about the boulder, and he was either
carrying the gun at that time, or went into the house to get it.
Either one should be sufficient to imply premeditation - granted, of
the instantaneous type, but it "don't take much".
scooter34
earthage
wrote:
> earthage wrote:
>
> > Here's a picture of the boulder and the VW bus.
>
>
> I was expecting something a little more substantial. I now a rock of
> that size must weigh a lot, though.....
>
> WM
>
>
>
>
>
> > PDF files located here, Grimes & Kenney court documents
>
> - Show quoted text -
It looks bigger in this picture.
http://www.theksbwchannel.com/2007/0131/10883818_240X180.jpg
earthage
> In article <1170351021.532531.240...@s48g2000cws.googlegroups.com>,
>
> "earthage" <earthage2...@yahoo.com> wrote:
> > > tattooed on his forehead; his defense team has to do some pretty
> > > impressive magic tricks to get him out of this situation.
>
> > I don't know that he was lying in wait, or that could be proved.
> > Sounds
> > like he just flipped and has been flipping out for some time.
>
> conflict quite knowingly by dumping the rock or whatever it was,
> boulder? in front of Grimeses' car, and confronted Grimes when he was
> moving it. He was itching for a fight. Perhaps he went back into his
> house to get his gun in a rage, but he was waiting for Grimeses to
> react... His intent may not had been to kill them, but it was definitely
> wanting to escalate the conflict. (which contradicts my stating he was
> lying in wait, intent is alot of it)
>
>
> > > accusations.
>
> > Monterey Herald has lots of articles on this case, including PDF files
> > of the
> > complaints filed by both parties. I haven't had time yet to read the
> > court
> > documents. Murders don't happen very often in toney Carmel Valley.
>
> > tm
>
> The disappearing cats I'll blame on coyotes in Grimes's documents, the
> assault/altercation on Elizabeth Grimes, (her hand?) is not going to
> looked good for Kenney. Kenney's assertion about someone knocking on
> his windows in the middle of the night, sounds like he had some
> affliction of paranoia. I am bias about the dogs, especially Golden
> Retrievers, if there were half malmute/half timberwolf, then I can
> understand Kenney would have issues, I think once this property dispute
> became contentious, he pretty much declared war on Grimes.
>
> The Monterey County zoning commission approved or retro-actively
> approved Grimes's remodeling and extensions on his property in this PDF
> document. So Kenney's actions were probably on the wrong side of law.
> The only thing that I will accuse at this moment of chicanery done by
> Kenney in Grimes's document is tearing down property markings.
>
> Kenney's document and statement seemed to be even more whining and kind
> of delusional.
>
> Zoning permit.
>
> http://www.co.monterey.ca.us/pbi/cca/pc/2006/02-22-06/PLN050272PC2.pdf
Here's a forum where people who knew the couple are talking about
them.
http://www.topix.net/forum/city/carmel-valley-village-ca/TI0TF5GAVGFFSH531
http://www.californianonline.com/apps/pbcs.dll/article?AID=2007701310336
According to court documents, Melvin Grimes has owned the residence
for about 17 years. Kenney moved into his home, which shares a
driveway with the Grimeses', about seven years ago.
Good clear picture of the boulder behind the VW bus.
http://www.californianonline.com/apps/pbcs.dll/misc?url=/misc/zoom.pbs&Site=J2&Date=20070131&Category=NEWS01&ArtNo=701310336&Ref=AR&ysby=1
Picture of suspect with his attorney. Those stripes are really wide.
http://www.californianonline.com/apps/pbcs.dll/article?AID=/20070201/NEWS01/702010307
>From the Salinas Californian:
Death penalty possible
Kenney was arrested without incident at his home soon after.
Prosecutors have charged Kenney with two counts of murder, including
an enhancement alleging the personal use of a firearm, said Chief
Assistant District Attorney Terry Spitz. Spitz said his office hasn't
specified what degree of murder charge, either first or second, Kenney
will face.
Because Kenney is accused of a double murder, the District Attorney's
Office can argue for life without parole or the death penalty if
Kenney is convicted, citing a multiple-murder special circumstance.
Spitz said the District Attorney's Office has not made a decision
regarding whether it will pursue the death penalty.
Kenney had been scheduled for an arraignment Wednesday, but the
hearing was postponed by Judge Stephen Sillman after Lempert said
local judges have potential conflicts of interest.
Because Grimes, a Carmel native, had practiced law in Monterey County
for about 30 years, most if not all county judges have worked with
him.
At least two of them could be called as witnesses in the case, Lempert
said, having overseen prior legal disputes between the Grimeses and
Kenney.
"There are many issues relevant to this case that when fully aired out
will, I believe, vindicate my client's position to be found not
guilty," Lempert said.
tiny dancer
"earthage" <eartha...@yahoo.com> wrote in message
news:1170387639....@a34g2000cwb.googlegroups.com...
I am curious as to whether there were disputes with other neighbors
involving any of these three.
cro...@earthlink.net
driveway...
"tiny dancer" <tinyda...@hotmail.com> wrote in message
news:s5zwh.15747$p%6.1...@bignews7.bellsouth.net...
tiny dancer
<cro...@earthlink.net> wrote in message
news:njAwh.19814$w91....@newsread1.news.pas.earthlink.net...
> my guess is "no," since the problems seem to stem from the shared
> driveway...
The reason I mentioned it was because of a post I'd read on one of the local
forums provided by earthage.
CarmelValleyMan posted:
Both the Grimes were abusive sociopaths who terrorized their direct neighbor
Dr. Kenney and caused distress to other neighbors. The facts will emerge at
the trial. This having been said, is not to be taken to mean that whatever
happened was justified. But to paint the Grimes as anything other than what
they actually did would be wide of the mark. Some of their attitudes to
their neighbors can be seen painted on a fence on their land: they were a
couple who behaved without any sense of neighborliness and were ruthless in
attacking anyone who challenged their behavior.
I was just curious as to whether there is more to this story than meets the
eye. Not saying there is or isn't.
td
cro...@earthlink.net
know the answer?
"tiny dancer" <tinyda...@hotmail.com> wrote in message
news:3sAwh.15762$p%6.8...@bignews7.bellsouth.net...
tiny dancer
<cro...@earthlink.net> wrote in message
news:NzAwh.19816$w91....@newsread1.news.pas.earthlink.net...
> well, how will we know when you pose a question, not revealing you already
> know the answer?
I don't know the answer. I read one post about it. Don't know if it's
true, has any substance or not. We have plenty of 'nut balls' posting here.
could be a nut-ball, could be true. I'd like to see what's on the fence
though. Anybody want to take a road trip to shoot a couple photo's.
veryrich
Did you even read the thread? Posting one egregious, inflammatory
comment by a troll from Maryland about a couple in California is
irresponsible. If others don't read the thread, a thread where lots of
neighbors and friends -- people who knew and worked with them -- say
how great these folks were, they'll assume -- as seems to be your
intent -- that there's substance to this wack-post. I've cut and
pasted some of the other comments; comments that embody the
preponderance of the thoughts on the thread, and included the link
again:
.these were friends for many many years and they we both very kind and
soft spoken people who are now being mourned by all.Our entire county
is stunned.Mel and Elisabeth will be missed greatly.
I just want to express how terribly sorry I am to hear of Mel and
Elizabeth's deaths. They were both very kind to me when I first came
to Monterey. Mel hired me as a legal researcher. Over the years I
would hear of Mel's growing reputation as a very good lawyer. He was
hugely valuable to the community and it is a great loss of two
wonderful people. That their lives should be cut short in this awful
way is sickening.
Mel Grimes was a VERY popular lawyer
For anybody to say that the Grimes were abusive jerks is unforgivable
and shows that they truly do not know them. I have taken care of their
animals for years and know them well. They were compassionate and
wonderful people and will be truly missed by all. I also knew Mr.
Kenny on a casual basis, but feel if you can't say something positive
don't say anything at all. Mel and Elizabeth I will be sure that your
animals will find loving homes and will be cherished as much as you
did. I will miss you, rest in peace.
I KNEW Mel Grimes and it was a wonderful, caring man. Did lots of pro
bono work and was a truly caring individual.
I've know the Gentleman Mel for 40 years from my days as his friend
and fellow surfer. Just visited with him in 2006 at my home and as
always he was a person of the highest values because of whom he was as
a person not what he did for a living.I've never been touched this
closely by the killing of another. Mel and I had conversations about
death and he was about life and joy of living yet we both acknowledged
death and vowed to always choose to respect and cherish each day. Now
more than ever I'll not take a breath without living for my friends
Mel And Lizzy as I knew them .Aloha nui loa MEL and LIZZY
http://www.topix.net/forum/city/carmel-valley-village-ca/TI0TF5GAVGFFSH531
veryrich
Wild Monkshood
earthage wrote:
It does. Thanks.
WM
tiny dancer
"veryrich" <vvvr...@hotmail.com> wrote in message
news:1170400890.7...@m58g2000cwm.googlegroups.com...
Yes I read the thread. I read all of it. The only reason this particular
post tweaked my interest was the mention of the fence. 'Something painted
on the fence.' I wanted to know what that was, as it is something tangible
rather than only words.
Most of the accolades were from acquaintances, friends, co-workers, etc. I
don't recall a lot of comments from *neighbors*. I'm curious, so take me
out back and shoot me for it. Sheesh!
td
tiny dancer
"comadreja" <comad...@comcast.net> wrote in message
news:comadreja-t-20DC...@news.giganews.com...
> In article <3sAwh.15762$p%6.8...@bignews7.bellsouth.net>,
> hearings by Grimes and Kenney.
>
> http://tinyurl.com/29myjr
>
> Scooter publish a search engine for court filings in Monterey County..
>
> http://tinyurl.com/3dj7rb
>
> The only people suing each other over property disputes were Grimes
> and Kenney.
I realize that.
Kenney could probably be looked at as taking an incredibly
> hard line on property demarcation. Grimes either got permits and
> approval for his construction or retro-active approval from construction
> 17-18 years or so.
I admit I'm not the best at reading legal documents, but that was the way I
read them. It appeared, although Grimes was an attorney, he hadn't gotten
permits for certain buildings/structures he'd erected on his 1.8 acre parcel
of land. IIRC, there were also certain easements he'd infringed upon.
I am curious as to why a simple land survey wouldn't have solved all these
animosities?
Whether Grimes was taking a hard line, he was
> getting things done legally, and the necessary approval. Basically the
> Monterey County Zoning Board didn't buy Kenney's view of the property
> demarcation.
Again, wouldn't a survey have settled this whole matter? It shouldn't be
Grimes or Kenney's *view* of property demarcation. It should all be spelled
out on ones deed/title to ones property etc., shouldn't it?
>
> My guess is that Kenney will be coming across as really mentally
> fucked up in the near future. His filings to me show some sort of
> paranoid condition. When a person get all concern about "false police
> reports" as Kenney does in one of his filings, that is a sign that he
> either has some sort of paranoid dementia and some sort of mental
> illness where the affliction comes from.
So you don't think there is anymore to this than what we've read so far? I
mean, you don't think even *wondering* about if there could be more, on a
tiny dancer
> In article <W8Jwh.7355$pg2....@bignews2.bellsouth.net>,
> one thing wrong in it, Grimes did get approval by the Monterey County
> Zoning Commission for some of the construction on his property.
>
> http://www.carmelpinecone.com/070202-2.html
>
> It also appears that John Kenney was wearing a concealed weapon when
> he confronted Mel and Lisa Grimes. This is looking like a capital
> punishment case.
Thanks for the article. I copied it below because I know some here have
problems or slow computers when it comes to *opening* stuff.
It does appear, from this article, that other neighbors also had disputes
with the Grimes, doesn't it? I mean, did I read it right?
***A resident since 1997, neighbor Catherine Hudson was familiar with the
neighborhood clashes and said the Grimeses "were intimidating if anything
crossed their privacy, and what they would consider their privacy did go
beyond the borders of their home."***
****(The sheriff's office also received complaints in 2005 from Elizabeth
Grimes about another neighbor, Stephan Young, who also complained about
being "verbally harassed" by her. And in 2004, a deputy took a report of
$34,000 in cash missing from the "personal stash" in the home at 82
Hitchcock Canyon Road, the Grimeses' address.)****
and:
***According to documents filed with the Monterey County Planning and
Building Department, the couple had also undertaken illegal construction on
their property, including building an art studio, adding a retaining wall,
enclosing a carport, expanding onto a deck, building a new carport and
making other changes without permits. Last July, a building inspector filed
a notice of violation and fine in the property file at the county assessor's
office.***
I'm assuming this property is located in the county rather than the city
limits? So the Grimes' have been able to make changes on their property,
illegal changes, pretty much unhampered. I admit, I'm not an expert on
property matters, but from the little I understand about it here anyway, if
one builds a fence, structure, etc., even if it is considered *illegal*,
after a certain period of time, one looses the rights to the property
involved. What I mean is, say my neighbor has a fence already constructed.
And that fence is constructed two feet *inside* his property line. If I ask
my neighbor, "can I hook my fence up to your fence so I don't have to build
a whole long section of *my* fence, running parallel to yours, with them
being only two feet apart?" And my neighbor *allows* me to build this
fence, after a period of time, don't recall now how long that time period
is, my neighbor, by allowing me to hook up to his fence, eventually *loses*
that portion of his land and it becomes mine now. Hope I explained this
right. Now the way I understand it, even if my neighbor hasn't *agreed* to
this fence arrangement, once my fence is built, there isn't anything my
neighbor can do about it *after a certain period of time*, and the disputed
property reverts to me by default.
The way I also understand it is, it works the same way with structures, at
least here anyway. I believe in order to construct a closed in structure,
such as a garage, something with walls. One has to build said struction
more than 10 feet from ones property line. I'm thinking 'if the Grimes'
encroached on Kenney's property with any of their structures, by default,
eventually Kenney would lose that property to them.
As for the retaining wall, I'd wonder if by building the wall, there was any
sort of change in flooding or other *ground type* issues resulting in an
erosion or run-off problem for Kenney?
Again from the article you posted:
So Grimes was out there with a sledgehammer trying to break up the rock.
I don't understand the *concealed carry* circumstances in California? If
one is on their own property, may one have their weapon in hand?
And has it been established who the gun belonged to yet?
Victim's dying words implicate shooting suspect
By MARY BROWNFIELD
Published: February 2, 2007
THE LAST words uttered by 55-year-old Elizabeth Ellington Grimes before she
died of gunshot wounds Monday implicated her Carmel Valley neighbor, John
Franklin Kenney, 72, in the shooting of her and her husband, 58-year-old
Melvin Noble Grimes Jr., according to Monterey County Sheriff's Chief Deputy
John Darling.
In what has become the county's most notorious double homicide, deputies
arrested Kenney outside his home that evening, and he remains in Monterey
County Jail without bail.
"Mrs. Grimes was conscious and speaking," Darling said, "and told deputies
Mr. Kenney was responsible for the shootings."
Darling wouldn't say specifically what she told them, however.
"I don't want to get into that kind of detail on a case that's still open,"
he said.
Struck by two or three bullets in the chest and arm, Elizabeth Grimes died
while being transported to San Jose Medical Center. Shortly after the
shootings, an ambulance crew drove her to the old airport in Carmel Valley
Village, where a CalSTAR helicopter arrived to take her to San Jose.
It was her statements, and other evidence at the scene, that led deputies to
arrest Kenney on suspicion of the murders. Darling said his office filed a
statement of probable cause when Kenney was jailed.
According to managing deputy district attorney Ed Hazel, Kenney is scheduled
to appear in a courtroom Feb. 6, for possible arraignment.
Meanwhile, Kenney's attorney, Dennis Lempert told a news conference at the
Montrey County courthouse Wednesday, "I can only say that there are many
issues that are relevant to this case. I believe when fully aired, they will
vindicate my client's position and he should be found not guilty."
Fight over property line
The argument that reportedly erupted Monday afternoon and ended in the fatal
shootings stemmed from a long-running dispute. The Grimeses and Kenney owned
land next to each other and had gone to court to complain about mutual
harassment. They shared a driveway easement leading from nearby Hitchcock
Canyon Road. Kenney had to cross Grimes' property to get to his own. And
Kenney apparently believed Grimes was intruding on his land.
Darling said deputies responded to calls there several times, beginning in
2005, including to a reported fight between Elizabeth Grimes and Kenney, who
said he was the victim.
"He alleged he had sustained injuries," Darling said. "We did take an
assault and battery report. The case was reviewed by the DA, and because it
was basically a one-sided story against the other, it was not considered to
be a prosecutable case."
(The sheriff's office also received complaints in 2005 from Elizabeth Grimes
about another neighbor, Stephan Young, who also complained about being
"verbally harassed" by her. And in 2004, a deputy took a report of $34,000
in cash missing from the "personal stash" in the home at 82 Hitchcock Canyon
Road, the Grimeses' address.)
A resident since 1997, neighbor Catherine Hudson was familiar with the
neighborhood clashes and said the Grimeses "were intimidating if anything
crossed their privacy, and what they would consider their privacy did go
beyond the borders of their home."
According to documents filed with the Monterey County Planning and Building
Department, the couple had also undertaken illegal construction on their
property, including building an art studio, adding a retaining wall,
enclosing a carport, expanding onto a deck, building a new carport and
making other changes without permits. Last July, a building inspector filed
a notice of violation and fine in the property file at the county assessor's
office.
The events leading to Monday's shooting began when an attorney, Nick
Cvietkovich, apparently working for Kenney, requested a deputy provide a
"civil standby" while a boulder was delivered to mark what Kenney believed
was his property line. Darling said the deputy never arrived at Kenney's
home, after encountering the truck driver on the road and learning the
delivery was made without incident.
The big rock was placed next to the shared driveway, partially blocking a
parked VW van. Contrary to published media reports that the rock blocked
access to the Grimes' house and driveway, "photographs suggest the van could
maneuver around it," Darling said. "But in many ways that's a moot point,
because this property is at the center of the dispute.
"We would have no way or authority to determine whose property that is, and
there is no way for us to stop a person from plunking this boulder down
there."
Hudson commented, "It was not blocking their access to their home, it was
not blocking access to their driving road, it was not blocking access their
driveway. Yes, it was blocking the van. To me, it was a political
statement."
Two 911 calls
A few hours after the boulder was placed, Elizabeth Grimes made a frantic
call to 911, alarmed at a possible confrontation with her neighbor and that
her husband was going to injure himself as he tried to break up the rock
with a sledgehammer, according to Darling.
A sheriff's deputy was en route when another 911 call came in.
"Shortly after the shooting, Kenney called and reported he'd been involved
in a battery with the neighbors but did not mention the shooting," Darling
said.
A rescue engine and ambulance followed a sheriff's car onto the property
after being dispatched at 5:45 p.m., according to Schuler. Darling said
three sheriff's units ended up responding.
The victims were found on the ground outside next to the carport, and
deputies contacted Kenney outside his home and took him into custody without
incident, according to Darling. They also found a semiautomatic handgun that
was "fired several times."
"He did not have a permit to carry a concealed weapon," Darling said. "We're
not certain who it belongs to."
He said the investigation of the shootings will be extensive and time
consuming. "Obviously, unfortunately we cannot interview the victims, so we
will be working with the suspect's attorney to try to determine their side
of the story, and witnesses - not people who saw it, but who live in the
area and may have overheard things, who knew both of these parties and might
be able to give more of the history," Darling said.
Investigators will also analyze physical evidence, such as the handgun,
bullet casings and any blood collected at the scene.
Kenney appeared in court this week but did not enter a plea. Outside, his
attorney, Lempert, criticized the sheriff's office for not being on scene
when the rock was delivered and not requiring a deputy wait until the
Grimeses arrived home to ensure no violence ensued.
Hudson said she is grieving the deaths of the Grimeses as well as for
Kenney.
"I'm keeping an open mind, and people need to do that. They were not there,
and there are so many things that led up to this - it's not just one
argument," she said. "I feel all the neighbors should speak up in both of
their defenses. We haven't heard Jack's [Kenney's] side yet."
td
Bo Raxo
Here's the lesson I see in this case:
If you try to discuss gun control, and a comprehensive gun ownership
registry, many people will think that's silly: only hard-core
criminals with long records walk around with guns, killing people.
As this story demonstrates, that isn't true at all. Most murders are
between people who know each other.
Kenney wasn't some fugitive or career crimnal - he was a wealthy and
highly educated individual. If the law required him to purchase a gun
in a way that the sale is registered, and to maintain a record similar
to a vehicle registration, telling the state what weapons he owned, he
almost certainly would have complied.
Which would have meant that the police going out there on a civil
standby in the first place would have known about the gun. That might
have prompted them to treat the whole thing differently, or perhaps to
at least warn the Grimes'.
But instead the NRA rabidly supports anonymous gun transactions and
anonymous ownership, on the theory that Hitler or Lenin will rise from
the grave and seize this nation. Wacky.
Bo Raxo
earthage
> "comadreja" <comadrej...@comcast.net> wrote in message
>
> news:comadreja-t-FF6A...@news.giganews.com...
>
>
>
>
>
> > In article <W8Jwh.7355$pg2.3...@bignews2.bellsouth.net>,
Carmel Valley is unincorparated. It's rather exclusive but rural,
located about
10 or 12 miles east of Carmel. Nice because it doesn't get the fog
like Carmel.
Doris Day lives in CV, Merv Griffin had a ranch that I think was sold
last year,
was on the market for $6.2 million. When Brooke Shields married Andre
Agassi,
the reception was held at a resort in CV. Clint Eastwood owns the
Tehama Golf
Club in Carmel Valley. From Wikipedia: The invitation-only club
reportedly
has around 300 members and a joining price of $500,000.
There are some homes in CV that are older, need fixing up, but the
land is valuable.
>From the Carmel Pine Cone:
A few hours after the boulder was placed, Elizabeth Grimes made a
frantic call to 911, alarmed at a possible confrontation with her
neighbor and that her husband was going to injure himself as he tried
to break up the rock with a sledgehammer, according to Darling.
>
http://www.theksbwchannel.com/news/10913378/detail.html
Attorney Says Kenney May Have Acted In Self-Defense
Man Accused Of Killing Two Carmel Valley Neighbors
POSTED: 10:47 am PST February 2, 2007
UPDATED: 10:52 am PST February 2, 2007
KSBW
CARMEL VALLEY, Calif. -- A Carmel Valley man accused of killing two of
his neighbors over a years-long property feud may have been acting in
self-defense, his attorney said Thursday.
Jack Kenney, who is being held in jail without bail on two counts of
homicide, is suspected of shooting to death neighbors Mel and
Elizabeth Grimes on Monday.
Kenney's attorney, Dennis Lempert, said the case is complicated and
that he did not know exactly what happened during a dispute that
involved the placement of a boulder in a driveway.
Elizabeth Grimes told a police dispatcher that her husband, Mel
Grimes, was trying to break the boulder after it was placed in the
driveway.
Lempert said Kenney may have felt threatened if Grimes was holding a
sledgehammer during a heated argument. The only surviving witness to
the argument is Kenney.
On the advice of Lempert, the man who delivered the boulder has opted
not to speak to the media about the case.
Officials at the Monterey County Sheriff's Office said it may be
several weeks before it is known who owned the gun that was used in
the killings.
tiny dancer
Thanks for the update. I wonder who did own the gun. IIRC, it was Kenney
who wanted the cops there, present when the Grimes' arrived home?
td
>
Bo Raxo
> In article <1170479641.299614.10...@v33g2000cwv.googlegroups.com>,
>
> "earthage" <earthage2...@yahoo.com> wrote:
> >http://www.theksbwchannel.com/news/10913378/detail.html
>
> > Lempert said Kenney may have felt threatened if Grimes was holding a
> > sledgehammer during a heated argument. The only surviving witness to
> > the argument is Kenney.
>
> altercation in June 2005, was to say to Kenney, keep away and wait for
> the cops to arrive, when Kenney tried to block their driveway/entrance
> in previous incident. If Grimes assaulted Kenney or got a felony
> conviction for assault, Grimes would have a good chance of being
> disbarred. He would had known that as an officer of the court.
>
> I realize that Lempert is just doing his job and trying to fight for
> his client what could be soon be a murder case that no one lawyer can
> handle.
A very wealthy client, facing possibly LWOP or even the death
penalty. With tons of press coverage of the case. Are you kidding -
any lawyer in private practice would drool over such a case. Big
fees, free publicity, what's not to love - for a lawyer.
Also it might not be such a tough case to beat. Lempert will claim
Grimes was out there with a sledgehammer in his hand - to break up the
big rock that is being called a "boulder" in the press. Because if he
broke it up, he could move the chunks out of the way.
It's not a big leap for a jury to believe that two men with a long
running dispute, one of them elderly and with a gun, and the other
holding a sledgehammer, a threat is made by Grimes and boom, self-
defense. Lempert doesn't have to prove this scenario, just make it a
plausible alternative, and that gets you reasonable doubt.
Kenney could actually walk away from this a free man, a possibility I
think most people here haven't quite realized. Yes, definately a dream
case for a criminal defense attorney.
Bo Raxo
earthage
How do you explain the killing of the wife? Did she pick up the
sledgehammer
after seeing her husband injured on the ground and also make a threat?
Bo Raxo
>
> Carmel Valley is unincorparated. It's rather exclusive but rural,
> located about
> 10 or 12 miles east of Carmel. Nice because it doesn't get the fog
> like Carmel.
> Doris Day lives in CV, Merv Griffin had a ranch that I think was sold
> last year,
> was on the market for $6.2 million. When Brooke Shields married Andre
> Agassi,
> the reception was held at a resort in CV. Clint Eastwood owns the
> Tehama Golf
> Club in Carmel Valley. From Wikipedia: The invitation-only club
> reportedly
> has around 300 members and a joining price of $500,000.
>
> There are some homes in CV that are older, need fixing up, but the
> land is valuable.
>
> So the Grimes' have been able to make changes on their property,
It's smack dab in the middle of some of the best twisty roads for
motorcycling (or sports cars) in California, and not that far from
Laguna Seca raceway near Salinas. It's a lovely little town, though
summer days that are mild in Monterey or Carmel by the Sea will be 90+
scorchers in Carmel Valley. Go down there on a race weekend and
you'll see some amazing cars or bikes, and on bike race weekends
you'll get a lot of bench racing on the back roads. Bets anywhere
from fifty bucks to pink slips are going on, and among some pretty
ratty looking bikes. It's an interesting scene, to say the least.
In the mid 90s there was a parcel of 20 acres just outside of the town
with a tear-down on it. They wanted I think $200K, and I'd bet that
parcel is worth at least a million, if not a few mill, today. No jobs
in the area, but if you're retired or otherwise don't have to work,
the whole area is just a paradise of a place to live.
earthage
Posted on Sun, Feb. 04, 2007
Neighbors' feud turns tragic
By Sean Webby
San Jose Mercury News
About the size of a tombstone and scarred with sledgehammer blows, the
rock squats to one side of a fork that divides a steep driveway in a
Carmel Valley canyon.
The fork to the right climbs to a sprawling artistic home filled with
piles of '60s psychedelic albums and broken antique clocks collected
by a popular lawyer and his wife. The fork left leads to the more
austere wood-framed, book-filled home of an oil geophysicist.
The rock stands as a monument to the final moment of their long and
bitter feud. It began when the affluent neighbors began arguing over
dog poop, a septic tank, a solarium and legal access to a strip of
ground no bigger than a surfboard.
It ended Monday when they argued over the rock and geophysicist John
``Jack'' Franklin Kenney allegedly shot to death Mel, 58, and
Elizabeth Grimes, 55.
Law enforcement officials believe the 72-year-old Kenney had the rock
placed in the disputed plot, partially blocking the Grimes' carport
and a sunshine yellow VW bus.
``This is not something in Iraq,'' said Tom Gardiner, a friend of the
Grimes'. ``Two human lives are sacrificed for an easement.''
Kenney's defense attorney, Santa Clara County's Dennis Alan Lempert,
is planting the seeds of a self-defense argument -- alleging Mel
Grimes was holding a sledgehammer when he was shot and that Elizabeth
Grimes had assaulted Kenney in the past.
The attack was reportedly caught on a raspy audio recording of a
frantic 911 call filled with screams and at least one gunshot.
But the lush cul-de-sac was filled with bird song three days later as
Tom Ellington-Wills, the 32-year-old son of Elizabeth and stepson of
Mel Grimes Jr. stood next to the mottled granite where the bodies had
lain, and tried to make sense of it all.
He had woken that morning in his parents' house, his head filled with
the morbid things he had to do. When he showered, steam on the mirror
outlined a message one of his parents had left for the other once upon
a time: ``I Love you more.''
``They were all fighting over this. And it added up and it added up
and ended with this, this nightmare,'' he said. ``It makes no sense.''
Mel and Elizabeth made perfect sense. The pretty petite nurse and the
handsome surfer-dude lawyer married in 1995.
Grimes was an understated local legend. At Carmel High, he presided
over the Inter-Peninsula surfing club, an eclectic group of guys who
plied the waves off 11th Street on Carmel Beach. Despite heart
problems, he still surfed regularly -- and ran marathons on the side.
He was a criminal defense lawyer as well-known for his meticulous
legal work as his garish ties. He worked out of a small Salinas office
decorated with antique clocks and bright rock concert posters from a
time when Moby Grape and Dick Dale ruled.
She was an army brat, who ended up doing legal work in Pacific Grove,
where Mel then had an office. She was also a nurse with a calming hand
and an affinity for the elderly.
He asked her out on a date to a Carlos Santana concert, and the soul
mates almost never parted after that.
Grimes' art
Casa di Grimes was their work-in-progress dream, filled with exotic
gardens, beaded curtains, seashells placed in the ground. They built
an art studio. Room after room was choked -- to Elizabeth's growing
consternation, Ellington-Wills said -- with Mel's collection of more
than 100,000 albums. They squeezed a cement carport into the side of
the hill, parking one of Mel's hippie Volkswagens and his Channel
Island longboards there.
Those who like Kenney describe him as a plain-spoken, no-nonsense man
of deep spiritual faith.
Others say he is a maverick genius with a controversial professional
theory suggesting there are almost limitless stores of petroleum in
the earth.
His friends and acquaintances say his personal philosophy is to
stubbornly defy his critics: right is right.
``He is a man of great honor, blunt, a Calvinist,'' said former
neighbor Stefan Youngs. ``He would say `You are absolutely wrong, and
I'm astounded you could make such a stupid statement.' I admired the
guy a lot.''
Kenney was a paratrooper in the Korean War, his lawyer said. He
graduated from the Massachusetts Institute of Technology. In recent
years, he split his time between the home he shared with his wife in
France, his gas resource company in Houston and his Carmel Valley
ranch house.
Kenney's propriety
He moved to Carmel Valley about eight years ago. Sometimes his two
children -- adopted from Sri Lanka -- would visit and play with the
Grimes' two dogs, Norman and Carlos, who was named after the guitarist
playing on their first date.
Aurice Bain, a longtime Texas business partner who handled mainly
administrative work, admitted Kenney could be eccentric. But she said
it came from his passionate desire to see things done properly.
``He is not a goofball by any means,'' Bain said. ``He wasn't patient
for people who didn't do things correctly.''
Like most feuds, this one began in murk and misunderstanding. The
Grimes increasingly felt they were faced with an unreasonable and
sometimes crazy neighbor. Kenney came to see the Grimes as well-
connected bullies intent on not doing things properly.
In a court hearing in late 2005, the Grimes' attorney said his clients
and Kenney enjoyed ``good neighborly relations'' until 2002, when
Kenney began sending them bizarre e-mails.
Whatever the reasons, things went downhill quickly.
Kenney accused the Grimes of illegally dumping waste on his property
and of building a solarium and a cement carport. He said the Grimes
would send their dogs to poop on his property and would pound on his
windows late at night.
Exasperated judge
The Grimes accused Kenney of harassing them, photographing them and
putting up two metal poles to block their carport.
At one point the Grimes accused Kenney of poisoning their dogs and
cats by spraying a hillside with ``Agent Orange.'' Kenney's attorney
later told the court that it was weedkiller.
Elizabeth Grimes once interrupted Kenney's prayer meeting at his
church and invited the congregation to pray with her for a resolution
between the neighbors. Kenney, according to court papers, was
mortified.
On June 11, 2005, things came to a head.
Kenney accused Elizabeth Grimes of yanking a camera that he had around
his neck -- as he was taking pictures of Mel Grimes allegedly driving
on his property. He says he was seriously injured. Mel and Elizabeth
Grimes said he was faking. They alleged their ``wild and angry''
neighbor was spying on them and that he assaulted Elizabeth Grimes.
In a court hearing Nov. 9, 2005, Judge Adrienne Glover was
exasperated.
``It's not a battle over children; it is not a battle involving
substance abuse; it is not a battle involving some kind of domestic
violence cycle or relationship that's going on in a home,'' she told
them. ``This is separate adult families who ideally should be able to
continue to co-exist.''
The judge ordered them to avoid each other, but did not issue a
restraining order or other action police could enforce. She noted that
``this is a civil dispute,'' not a criminal matter with ``an imminent
threat of ongoing attacks, stalking or some kind of physical
violence.''
On the day the rock was to be delivered, Kenney made sure he had
people with him to help ``keep the peace'': a private security guard
and a public defender who had represented Kenney before. The public
defender, Nick Cvietkovich, said the scientist was calm during the
day, feeling he was in the right. Even so, Cvietkovich called the
sheriff's department, which was aware of the hostility, to ask a
deputy to come monitor the situation.
The rock came. The sheriff's deputy didn't. Eventually Cvietkovich and
the guard left.
The Grimes drove home separately from a doctor's appointment for Mel's
heart condition, his family said.
``Just passed ya,'' Mel said in a message on his wife's cell phone.
911 recording
When he arrived and saw the rock, Grimes grabbed a sledgehammer,
according to sources familiar with the investigation. His friends and
family say he probably intended to smash the rock to pieces.
His wife called 911 and could be heard on the 911 recording yelling
``Stop it, Mel! Stop it,'' according to people who have heard the
tape. Friends and relatives say she must have been terrified her
husband would suffer a heart attack.
Then there is at least one loud bang. Elizabeth Grimes, who survived
for a while, told deputies who responded what happened, authorities
said.
Kenney is expected to be arraigned next week. Charged with
premeditated murders, he could face the death penalty.
Friends are planning a memorial for the Grimes in mid-February -- with
a mass and flowers and a jogger who will carry their ashes in a
backpack, to be scattered off Carmel Beach.
earthage
properties, the subject of a long-running dispute. John Franklin
Kenney placed a boulder at the foot of the driveway leading to the
Grimes' carport. Kenney contends he placed the boulder on his
property. (Not to scale)
http://www.mercurynews.com/images/mercurynews/mercurynews/16616/276102753880.jpg
Picture of Melvin Noble Grimes, 58, and Elizabeth Ellington Grimes, 55
http://www.mercurynews.com/images/mercurynews/mercurynews/16617/276128991803.jpg
Boulder
http://www.mercurynews.com/images/mercurynews/mercurynews/16616/276102704032.jpg
John Kenney's house
http://www.mercurynews.com/mld/mercurynews/slideshow.htm?content_id=16616676