LOCAL

With toxicology report in hand, Caleb Kennedy's attorney requests new bond hearing

Bob Montgomery
Herald-Journal

The attorney for former American Idol contestant Caleb Kennedy said he has received Kennedy's toxicology report and has requested a bond hearing for April 28.

Kennedy is at Spartanburg County Detention Center facing a charge of felony DUI resulting in the Feb. 8 death of Larry Duane Parris, 54, of Pacolet. Parris was run over by Kennedy's pickup truck and was under the influence of marijuana at the time, according to the S.C. Highway Patrol.

Caleb Kennedy, shown here during a magistrate court session in Spartanburg, Feb. 9, is charged with felony DUI resulting in the death of Larry Parris, 54, at his home near Pacolet Feb. 8. A bond hearing has been set for Thursday, April 28.

If convicted, he could face up to 25 years in prison.

Bond was denied three times for Caleb Kennedy 

Bond was denied at Kennedy's arraignment on Feb. 9, and again at subsequent bond hearings on Feb. 24 and March 10, pending receipt of Kennedy's toxicology report from the S.C. Law Enforcement Division (SLED).

With the toxicology report now in hand, Kennedy's attorney Ryan Beasley said he has requested a new hearing date of April 28 in hopes of freeing Kennedy on bond.

Caleb Kennedy timeline:From American Idol to felony DUI charge, jail, after fatal wreck

Kennedy, 17, of Roebuck, faces a first court appearance Thursday, according to Spartanburg County Clerk Amy Cox.

"Mr. Kennedy does have a court appearance scheduled for his first appearance, but here in Spartanburg, if a defendant is represented by counsel, he/she does not need to appear. Mr. Kennedy has an attorney and therefore will not need to appear."

At his second court appearance, which has not yet been scheduled, he is expected to issue a plea, according to Beasley. 

Warrants cite marijuana:Warrants allege Caleb Kennedy under the influence of marijuana during fatal crash; bond denied

Beasley did not respond to a request to share the toxicology report with the Herald-Journal.

Seventh Circuit Solicitor Barry Barnette, who is handling the prosecution of Kennedy's case, declined to comment on whether it has received the toxicology report.

Toxicology report requested

After the fatal wreck in February, the Herald-Journal filed a Freedom of Information Act request with the S.C. Highway Patrol for all materials related to the incident, including the toxicology report.

The agency said it would release the materials once its investigation is complete.

"The MAIT (Multi-disciplinary Accident Investigation Team) investigation is still pending," Courtney S. Wiles, Freedom of Information Act manager for the Highway Patrol, said Wednesday. "Also, the toxicology report is part of the MAIT investigation so it cannot be released until the investigation is complete."

In 2016, the state Attorney General's office determined that toxicology reports are considered medical records and thus "confidential" and exempt from disclosure under the Freedom of Information Law.

The opinion was issued at the request of Spartanburg County Coroner Rusty Clevenger and based upon interpretation of state Supreme Court decisions.

Taylor Smith, attorney for the S.C. Press Association, said he believes toxicology reports are public information, but that an agency may redact the medical details.

"They could redact the medical information, but not the conclusion or analysis," Smith said Wednesday.

Judge declines to give bond:UPDATES: Judge declines to give bond for former American Idol contestant Caleb Kennedy

Barnette, the Parris family and the S.C. chapter of Mothers Against Drunk Driving have all requested that Kennedy remain in jail without bond.

A bond hearing was held for Caleb Kennedy during a magistrate court session in Spartanburg, Wednesday morning, February 9, 2022. Kennedy, 17, is charged with felony DUI resulting in the death of Larry Parris, 54, at his home near Pacolet Feb. 8. MADD Victim Services Manager Kimberly Cockrell holds a photo of victim Larry Parris with his daughter Kelsey during the hearing.

"Our involvement will remain what it always has been – to support the Parris family in every way we can, including advocating that their wishes as crime victims are given every consideration by the judge," MADD's Regional Executive Director Steven Burritt said Wednesday.

Beasley has argued for bond, saying Kennedy is "on suicide watch at the adult jail and he is only a 17-year-old minor with no criminal record whatsoever."

Caleb Kennedy's attorney:Kennedy treated unfairly because of American Idol fame

He is accused of running over and killing Parris, a 54-year-old boat repairman from Pacolet, in Parris' driveway along West Murph Road on Feb. 8. Parris was pronounced dead at Spartanburg Medical Center that afternoon.

Singer-songwriter Caleb Kennedy talks about some new songs he is working on and his time on American Idol, at Studio 101 in Woodruff, Sunday afternoon, July 25, 2021. Kennedy's attorney said he has requested a new bond hearing April 28 for Kennedy, who has been jailed on a charge of felony DUI resulting in death.

Barnette said Kennedy was under the influence of marijuana, having smoked it from a vape pen prior to the accident. Beasley said Kennedy was also under the influence of the prescription drug Prozac. Barnette said alcohol was not involved.

Kennedy, a student at Dorman High School, advanced last May to the Top 5 on the reality TV series "American Idol."

He then left the show after a social media post surfaced, showing Kennedy in a Snapchat post seated beside someone wearing what appears to be a Ku Klux Klan Hood. Kennedy's family said the video was recorded when he was 12 years old.

Contact Bob Montgomery at bob.montgomery@shj.com. Please support our coverage of Spartanburg County with a digital subscription.