United States v. Michael Edward Kennedy

Defendant Michael Kennedy appeals his conviction for rape and felony murder. The crime involved the rape and murder of a young Mexican woman at the United States Port of Entry at San Ysidro, California.

On Friday, November 23, 1979, Josephine Felix, a resident of Corcoran, California, drove to Tijuana, Mexico, for the purpose of smuggling her sister-in-law, Maria Lopez de Felix, into the United States. She hid Maria in the trunk of her car and headed for the Port of Entry at San Ysidro. When they got to the border, a customs inspector discovered Maria and turned the two women over to the immigration office for questioning. The two were photographed, fingerprinted, and put into separate cells at the New Customs Building. Around 1:30 a.m. on November 24 Maria was released. She was pointed toward a set of double doors behind which a corridor would take her back to Mexico.

Having passed through the double doors, Maria encountered Michael Kennedy, a Federal Protection Officer (FPO), who was just returning from the cafeteria. As Maria appeared lost and Kennedy did not know any Spanish, he escorted her over to Customs Inspector Clooney, who helped her find her way towards the corridor…