Kenyon C. Keller

1918-1988

Ken Keller graduated from UC Berkeley’s Boalt Hall. After graduation, and during his first year after admission, Ken was given a death penalty appeal, People v. Letourneau (1949) 34 Cal.2d 478, which was affirmed the same year.   In those days, affirmances were common, habeas filings unusual, and speedy executions expected.

In his first years of practice, Ken also worked with legendary San Francisco defense attorney, George T. Davis.  He was present when Davis interviewed a client while under the influence of a so-called “truth serum” in one of the first applications of the drug to trial testimony.

Ken moved to San Diego in 1952 and started a private practice for a short time.  Then he joined the District Attorney’s office where he acquired a remarkable record as a prosecutor.  One of the highlights was his success in trying a murder case based entirely on circumstantial evidence.  The murderer rode a bus with the victim, stalked her when she got off in a poorly-lighted area, and did her in.  No one witnessed it.

From the District Attorney’s office, Kenyon joined the law firm of Procopio, Price, Cory and Schwartz.   He was outgoing, gregarious, and well-liked by all which explains why he became Chairman of the Democratic Central Committee of San Diego.  As Chairman, he had the wonderful opportunity to escort then candidate John F. Kennedy on his presidential campaign visit to San Diego.

In the early 1960’s Ken suffered from the pressures of his law practice and politics and had a mental breakdown.  After a full recovery, he worked for Fed Mart for a time and then joined Appellate Defenders, Inc. in San Diego in 1972.  He described the hardest part of working at ADI, at least in the early years when the office was at the USD campus, as staying awake after lunch. The sun would come in large windows behind Kenyon’s back and between the warmth of the sun and the hour of the day, he would have a tendency to nod off.  Despite this challenge, he won important victories for his clients either as lead counsel or together with panel attorneys.  E.g.,  People v. Tucciarone (1982)137 Cal. App. 3d 701 (reversing conviction of attempted murder for failure to give manslaughter instruction); People v. Lomboy (1981) 116 Cal. App. 3d 67 (reversed because defendant never given full advisement of the consequences directly flowing from her decision to proceed with plea of not guilty by reason of insanity);  People v. Herrera (1980) 104 Cal. App. 3d 167 (conviction reversed due to trial court’s multiple errors); People v. Nelson (1976) 63 Cal. App. 3d 11 (reversed for improper impeachment of the defendant with priors); People v. Gallegos (1974) 39 Cal. App. 3d 512 (reversed for instructional error).  Ken passed away in 1988.

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