INTRODUCTION
In 2018, the Arizona Supreme Court acknowledged that: “The record shows that [McKinney] endured a horrific childhood.” State v. McKinney, 426 P.3d 1204, 1206 (Az. 2018). The Court noted the Ninth Circuit had “summarize[ed]” “McKinney's evidence regarding childhood abuse and neglect.” Id. citing McKinney v. Ryan, 813 F.3d 798, 804, 823-24 (9th Cir. 2015).
The Court of Appeals recognized McKinney suffered severe and enduring neglect, humiliation, shame and abuse. Id. McKinney’s mother abandoned him when he was 11, leaving him to protect his two younger sisters. McKinney v. Ryan, 813 F.3d at 806; see id. (““It was scary. It seems like we were all stressed out wondering…the next time we were getting beat; wondering when we were going to eat.””).
However, the Arizona Supreme Court discounted this mitigation as “insufficiently substantial to warrant leniency” and opined – based upon testimony from McKinney’s original trial concerning Post-Traumatic Stress Disorder – that PTSD bore little relation to his behavior during the crime. Id. at 1206. Mr. McKinney’s death sentence is predicated upon an understanding of PTSD and trauma that has since evolved.