The Commercial Appeal

Witness abroad, stays that way

- By Beth Warren

Attorneys for accused drug-ring hit men Clinton Lewis and Martin Lewis are scrambling to force an unwilling witness to come to Memphis from Honduras.

The potential witness, retired Olive Branch police major Kevin Mckenzie, is involved with mission work in Honduras.

Marty Mcafee, who represents Martin Lewis in the murder and drugtraffi­cking trial of the Lewis cousins, said during a court break that Mckenzie “could provide a lot of informatio­n that would discredit a government witness.” He said he couldn’t elaborate.

The federal indictment accuses Clinton Lewis of kidnapping Marcus Turner at gunpoint Sept. 26, 2006, killing him and dumping his naked body in a ditch in Olive Branch. Mckenzie was the lead investigat­or in the murder.

During a hearing Tuesday outside the presence of the jury, Martin Lewis’ other attorney, Derek Drennan, asked U.S. Dist. Court Judge Samuel “Hardy” Mays to personally call the retired lawman and urge him to come to Memphis and testify.

“It would be a first for me,” the judge retorted. “I’m not in the business of calling people and saying: ‘Gosh, wish you were here. R.S.V.P.’ ”

Federal prosecutor David Pritchard told the judge that his office spoke to Mckenzie, who said his work and personal obligation­s make an impromptu trip to the United States difficult .

On Wednesday, the judge told Pritchard to send Mckenzie copies of the subpoena from the defense and court order by the judge. However, Mays said he doesn’t know if Honduras officials would honor a U.S. court order and compel Mckenzie to make the trip to the U.S.

“It’s going to go somewhere in a black hole in the jungles of Honduras,” Drennan said

Howard Manis, Clinton Lewis’ attorney, had previously asked the judge to delay the trial until Mckenzie could be brought in.

The judge said if Mckenzie doesn’t comply, a warrant will be issued and Mckenzie will be arrested the next time he returns to the States.

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