Charges Against Kenny Brunner Dropped--(Sept. 24, 1998)
Two days before the case against him was scheduled to go to a jury trial, attempted murder, assault and robbery charges against Kenny Brunner have been dropped because the only alleged eyewitnesses, Mike Miller, LA City College coach, and a college scout, were unable to identify Brunner as the perpetrator. The two had previously identified Brunner as the assailant from photographs shown to them by police, and the two also reportedly identified Brunner in a lineup.
Brunner, who has been held in jail pending trial since May 24, was released from custody today. He still faces criminal charges of aggravated assault for an incident earlier this year in Fresno during which Brunner and another Fresno State player allegedly brandished a samurai sword against another Fresno State student and made threats against the student's life.
The charges which were dismissed today stemmed from an incident which allegedly occurred over the Friday preceding the Memorial Day weekend, when Mike Miller was allegedly robbed of $1,500 in cash while he was in his office in the LA City College gym. As originally reported to the police, Brunner was alleged to have pulled a gun on Miller, pointed it at Miller's chest, and demanded that Miller give him all of his money. When Miller refused, the assailant allegedly pulled the trigger. The gun did not go off, and after Miller finally handed over $1,500 in cash, the assailant fled in a vehicle allegedly driven by his co-conspirator, LACC student Ladale Lunnie. Lunnie and Brunner were both charged, and Lunnie reportedly "confessed" and also identified Brunner as the assailant. However, California law makes inadmissible the statements of a co-conspirator , and so without the eyewitness' testimony, there was insufficient evidence to convict Brunner. Accordingly, the District Attorney had no alternative but to dismiss the charges, even though earlier in July and August, the DA had said he would proceed to trial even without the eyewitness identifications.
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