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Producer's blog: Could a simple search have saved two lives?

Posted: Monday, June 08, 2009 6:17 PM by Elizabeth Chuck

By Luz Villarreal, Dateline NBC Producer

When I first saw this story in a local newspaper, I couldn’t believe what I was reading - two people killed over a small strip of land in Carmel Valley. All those involved were active in their community and well-liked. What drove them to this point? Why was that strip of land so important? Why couldn’t the neighbors settle this matter in court?

We set out to answer these questions in our report, and discover how this could have happened in a town known more for its rustic and serene wilderness, than murder. One lingering question remains: Did anyone have the legal right to cross this land owned by John F. Kenney?

It’s about 4 feet by 10 feet in size and right in front of a carport belonging to Mel and Elizabeth Grimes. Prosecutor Berkley Brannon’s team did a title search before the trial got underway to find out. It turns out the Grimes had an easement over the land in question.

The error that could have cost lives
“Kenney had absolutely no right to place a boulder there,” Berkley Brannon told us in an interview. “There's a lot more to say about it. Number one, we weren't allowed to bring it in, because we couldn't show that either side knew that this existed.”

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The reason, Brannon said, that nobody knew about it was due to a scrivener’s error on the Grimes' deed. It was left off  the deed by mistake. But it was on every prior deed and conveyance of the land up until Mel Grimes bought his property. A simple title search would have revealed that.

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This all kind of makes you wonder: What if both neighbors knew? What we do know is this: When John Kenney decided to place a one-ton boulder on this small patch of dirt, it came to represent the line drawn in the sand between these neighbors. And the course of action that followed forever changed their lives and those in their community. Even the jurors involved said this case changed them. It changed the way they feel about neighbors and how they deal with neighborly disputes.

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Almost everyone can relate to having issues with their neighbors. I know when my neighbors make a lot of noise in the wee hours of the morning, I think of John Kenney and the Grimes and I let it roll off my sleeve. I’m annoyed at times, but I don’t allow myself to get angry. Not anymore.

Click here to read the "Trouble on the Hill" transcript.

Click here to see a slideshow of the people involved in this case.

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Comments

I'm appalled that John Kenney's lawyer was there when he placed the boulder. Why didn't his lawyer advise him that the Grimes had an easement to use that strip of driveway because that is the law about shared drives. I fault his lawyer for the murders. And yes John did murder both of them in cold blood. He is a very proud man--that is obvious--and he deserves to be in jail for the rest of his life.
this is such a shame and so very petty, that people could lose their lives over this is unbelievable.
Is everyone insane! To kill 2 people over a little strip of property and a 1 ton boulder is crazy!  I only wish Mr. Kenney was younger so he could spend a longer time in jail thinking about how crazy this is.
I just saw the story and i couldn't believe it.  How utterly foolish and stupid, and sad.  
Both parties had gone to their local government and the Sheriff's Dept. seeking resolution. I think Carmel should accept some responsibilty that they didn't try to solve this issue. They have the land surveys and easement documents.
Its a pitty,that peace did not had a place in that valley.Because a neighbor could not accept another man livestyle, he had to have control.God have mercy on him, so one day he may see the truth, and the truth will sath him free of himself.
Its a pitty,that peace did not had a place in that valley.Because a neighbor could not accept another man livestyle, he had to have control.God have mercy on him, so one day he may see the truth, and the truth will sath him free of himself.
I was amazed when the daughters were asked about any last comments they too were more concerned with how they felt than the fact their father had murdered two people ...They didn't mention any sorrow for the son...!!! HOW SAD...!!!
why was Kenny carrying a gun in the first place??
Did John Kenney kill and poison the innocent cats and dog out of self defense, to?
This demonstrates that he doesn't respect (other's) life and is a killer!

If he was realy afaraid, and not belligerant, he would have stayed home and called the police, and not gone out, with a gun.

So what if he has/had another "side"? most everybody does, most killers and brutal people do. The jekyll / monster / violent part, which is dangerous to society, needs to be put away for public safety.

HE was aggresive all along, and his brutality kept escalating: the animals, the boulder (this was not self defense! this was a clear provacation and an uncalled for call for a war killing the young guys clearly loving parents, shooting his defensless mom in the back while she TOLD him that she called the police to keep the peave.

And he decalres that he HAS NO REMORSE!
THIS IS A VERY TRAGIC STORY THAT REALLY DISTURBED ME ,MY HEART GOES OUT TO THE GRIMES FAMILY ,I FEEL THIS WAS A SENSELESS MURDER OF TWO BEAUTIFUL PEOPLE THAT DIDNT HAVE TO HAPPEN.
Something is missing here. The focus is on this ridiculous argument between neighbors, but there's obviously something terribly wrong with the man who killed his neighbors, and it isn't just pride and arrogance. I wonder why there was no psychological examination of this man overly concerned with order, living apart from his family, to whom he was supposedly so devoted, for long periods of time, unable to feel remorse for taking two lives in cold blood. Those who knew him described him as kind and good, but did they explain away his oddness because he was intelligent and a technical expert? Did some of his odd personality lose something in translation when he lived in Paris?

If he truly believed he was in danger, was he a paranoid personality? Was he, a loner who liked to keep his firewood sorted into dozens of piles, perhaps fitting into the category of Asperger's syndrome? This was no ordinary nice guy who got carried away with a neighborly dispute. Someone needs to check his head for lose screws.
If Kenney was so scared of his neighbors, then why didn't he stay in Europe with his family?  I think a defense built around fear and self-defense was too unbelievable for a man that could have a boulder placed in someone's driveway. He wanted a confrontation.  I also think that he faked the neck injury in the camera strap incident. Thank goodness that the 911 tapes backed up the prosecution's case.  It wasn't referred to in the program, but was there a reason why he lived apart from his wife?  
After Watching the Dateline episode "Trouble on the Hill" my heart goes out for the Grimes.  I can't believe that such a horrible example of humanity like John Kenny is allowed to live, he should be put to death for his crimes and Kenny's house should be donated to the Grime's family as retribution.  It is truly painful to learn about stories like this.
I was so sad, learning of this tragedy.  I cannot understand how, even after these three people met with community planners, took out restraining orders, involved the Sheriff's Dept. and lawyers, that no one thought to look up the possibility of an easement for the Grimes' use of that strip of land. Having brought that to light would have settled the dispute entirely and saved two lives from being lost and a third from languishing in jail for the rest of his life. How absolutely tragic for everyone concerned!
It's all about the boulder. Kenney shouldn't have done that. 1st degree murder for sure.
What has happened to the lawyer and others involved in moving the boulder onto the strip, an obvious problem?  Surely some responsibility lies here.
"Trouble on the Hill" is a sad commentary about human nature: The Golden Rule is learned; The Seven Deadly Sins are instinctive.
As a juror, I think it is amazing how are legal systems works.  There are things that came out in this episode of dateline that were never known to us.  We were supposed to do one thing and do it with only the evidence presented.  That is a tough thing to do!
I went to high school with Mel.  Carmel High 1967.   He was an intellegent earthy guy who grew up in the culture of Carmel Valley.  His neighbor was an outsider and a uptight control freak.  Mel and his wife were the epedemy of the laidback CV lifestyle and his neighbor wanted to turn this hillside into a metropolis of organized neatness.  I am so glad he got life!!!!  He came into CV and tried to undermine the culture of the people who were raised in this peaceful, pritine area.  I hadn't heard until tonight what had transpired and am very saddended.
After watching this show I couldn't help but think what a little controlling man Kenny is.

How were the Grimes supposed to use their carport? Was that strip of land really that important? Common sense says leave the thing alone and let the Grimes get in and out of their driveway.

Obviously Kenny was a control freak and had to have things just so and couldn't stand having neighbors who were different. Yet the Grimes were there first.

I've had problems with neighbors too, who felt that I shouldn't be able to park on the street in front of my house because they thought they should be able to. It was bizarre and sometimes scary. I've had to call the police. I'm glad I don't live near them anymore.
This story had an impact on me. The Grimes were foot loose, relaxed and carefree. Mr. Kenney was an uptight, rigid, academic man that felt he was entitled to his view and his word was right. Clearly he was in a marriage across countries, with a strange set of differences in his lifestyles. Perhaps again, he was simply a person living a separate life because he was uncomfortable with who he really was!
I live in this general area and once knew a nut like Kenny, not as a neighbor, but as the grinch of his neighborhood.  He drove several neighbors to move out and I should have learned from their reaction to him as we were frieds at the time, but he later had me arrested!  Just a few weeks ago, 20 years later he calls and wants to be friends!  There are nuts in the world and the best advice is to run, don't walk, from them.  I'm surprised if the Sheriffs or any reputable security firm went along with the boulder placement thing, but there's another law that my former deranged friend, an ex realtor told me about--adverse possesion I think it's called.  It says that if you use some land for seven years it becomes yours.  He told me about this as he had gotten his neighbor to allow him to plant a garden on the neighbor's property but his real motive was to adveresly come into possesion of it.

So if the grimes had used the land, would it have actually been theres?
kenney is a no good bitter old control freak, who moved into a quiet neighborhood and created hell.  he had no business blocking his neighbors driveway whether he owned that piece or not.  his friends who defend him for going down to the end of his driveway and killing the grimes's over a rock are no better than kenney is.  i fear our country is in bigger trouble than we realize with this kind of justification by kenneys friends being bandied about... then we have a judicial system that wont allow into evidence that kenney blocked property he  didnt even control........god help us all!!!!
I'm not aware of the state of John Kenney's soul but from his actions this is not a man who Followed Christ. I hope that before Mr. Kenney dies he will seek to know how God feels about his actions and about what he did with what God gave him.  He certainly has a long time to do nothing but think about that.  I believe that ultimately he will face the Judgment of Christ and will have to give and answer for breaking the commandments of thou shalt not kill and thou shalt love thy neighbor as thy self. John Kenney represents everything Christ hated about the RELIGIOUS leaders of his time. I will pray for him... even though my personal feelings for him is disgust.
What is amazing about the story is the that an attorney and the sheriff not only observed but allowed a homeowner to block access to another homeowners property. The sentence is appropriate for the crime, I believe there is additional fault and some accountability, while not within in legal laws but morally, how can the sheriffs office justify having had an officer observe a rock being placed on personal property which ultimately contributed to his tragedy.    
I sit here in such disbelief and cannot begin to imagine the arrogance of one person to use such a tiny piece of God's Earth, to escalate the senseless ongoing depute. Justifying in his mind only, he was going to end the feud once and for all by walking out of his house with a loaded gun after he plainly was told to stay in his house and call the police.  He left his house with the intent to kill his neighbors, then wanted to claim self defense.  It so sad how some people think that they are the only ones that have a right to live in this world.  May God help us all!  Life is so short and fragile.  Lets all live in piece.  Thank-you!  RFW    
I work with the edlderly and wondered if anyone ever questioned Kennys mental status. It seems maybe he had some signs of dementia.
What a terrible tragedy. I wonder if there was any information at the trial about why the gentlemen who killed his neighbors was living separate from the rest of his family.  And I wonder if this information would have provided more insight to the person who could call 911 after killing two people and not even bother to mention it to the operator.  Hopefully the story will continue to inspire people to make amends.  
It was absurd that Mr. Kenney put that boulder there.  Why?  It just shows he is evil.  It made no sense.  Obviously he wanted trouble.  He didn't need that little piece of land and the Grimes did to get their car in the carport.  It was just mean.  Mr. Kenney deserves to be in prison.  He is cold and a liar but most of all a murderer.  So sad.  
   This is a teriibly tragic story.  My biggest concern is that John Kenny does not seem to process the horriffic act he committed.  He took two people's lives over a peice of dirt. When does a peice of land so small become more important than a human being. I really wanted to see John Kenny say "what have I done?". Does he understand or even care about the pain and sadness the family of the Grimes' has endured because of his actions. He seemed to walk and hold himself with pride and accomplishment. You said in the story that Mr. Kenny saw this as a battle between good and evil. In my opinion John Kenny was the evil in this story.  I hope that someday he can come to terms with what he has done, and ask for forgiveness.
This is what happens when you have people who have it all and have never heard the words, "No, you can't." There is a sense of entitlement.

Also, when you have someone who has had a relatively easy life, who has never really endured any type of suffering, who has never "done without" basic needs let alone luxuries like owning property. They blow something simple like this completely out of proportion and justify their evil actions with pride. It's sickening, and it goes on every single day in the hearts of many, many people, on large and small scale. We can all learn a lesson from this.  
It amazes me at the lack of respect for life in this case. I do not care who owned the small strip of dirt, how about a little understanding and love for human beings? God calls us to love even the most difficult of people and to love our neighbors...this was a difficult man, who wanted things his way and he was going to have that no matter what. A very sad and tragic story for both families. My heart goes out to both the Grimes Family and the Kenney Family, for both have suffered because of the selfish choice of one man.
Regarding "the trouble on the hill", if the woman hadn't assaulted the older man the first time (and maybe the second) on his property, this might not have ended so badly. Not defending anyone's actions in this. We've found that a video camera and a judge do a great job of stopping a problem neighbor from harassing and escalating issues.
This story truly shocked me. How could Kenney's lawyer have countenanced placing that boulder there, when he clearly knew that it would enflame an already difficult situation? Why didn't the sheriff's office, which was informed of the situation, step in? Why did the landscape contractor agree to take this job? Why didn't Kenney's church group counsel with him to find a solution?

This could have been averted at many points along the way. What a tragedy that when the neighbors found themselves on a road to confrontation, no one around them offered any positive intervention. This story reflects poorly on every person involved.
Shame on the daughter for trying to justify murder.  This was the case of an old man wanting to control everything, including the Grimes.  When they would not conform to his way of thinking, he went to extremes and put that boulder there knowing full well it would incite the Grimes, or did he think they would just walk away??  Thank God the jury saw through the farce.
I also couldn't believe that it got so out of hand! It's a series of events that led to this tragedy, and any one of them handled differently would have changed things. What if Mel Grimes had fixed the bridge like he promised? What if Kenney didn't sue him for the cost of bridge repair, but let it be? Or what if Grimes had agreed to at least pay a portion?

What if Elizabeth Grimes had gone into Kenney's church meeting looking for reconciliation rather than retribution? What if someone from one of the churches had intervened and tried to bring these two neighbors together with teaching tolerance of each other?  I suspect a little bit of reaching out rather than dogmatic steadfastness might have changed the outcome. It wasn't only Kenney who was guilty of this, but the Grimes as well. Sometimes just saying the word "sorry" leads to a reciprocal reaction, and a better understanding between neighbors. Being always right no matter what is not beneficial in matters like this.

I also blame the ignorant advice of those who told Kenney to go ahead and put a boulder on the small plot of land blocking the Grimes' driveway. That was a ridiculous idea, and anyone with a brain could have foreseen the anger it would have created. It also made me wonder if Kenney was suffering some other sort of distress unrelated to the neighbors, that aggravated his emotions.  At any rate, he was wrong to confront them with a gun, and just should have stayed in his house like told, and leave Mel Grimes alone, for Grimes wouldn't have been able to break that boulder up before he got too tired. Now Kenney is paying the price for the bad boulder advice and the confrontation.
I am so angry and sad about what happened to the Grimes. Neighbors should not be allowed to tell people how they should live on their own property. I hope that Kenney man spends the rest of his life behind bars. They did not deserve to die like that. And the whole town of Carmel should take some of the quilt and responsibility also! It is sad that the Grimes repeated cries for help went unanswered. God Bless both of them and their family. Lorraine Wright.
I saw the show last night.  What I am wondering is who was the lawyer to advise that Kenney put the rock there when it was clearly blocking the Grimes' cars, whether Kenney had a right to do so or not?  Secondly, who was this sheriff who sat by and protected Kenney's right to put the boulder there?  Here were two supposedly level headed parties that were supporting the placement of the boulder.  Why didn't they try to talk Kenney out of it?
Did John Kenny receive legal counsel first before deciding to put the boulder in place?  I thought he did, and if so, what fault would then belong to his attorney.  Perhaps, not in the strict legal sense, but certainly not duing due diligence. I can believe John putting the bolder down due to his control proifle, but to use a gun the way he did doesn't make sense.  It is almost as if he became someone he is not.
I watched this episode in its entirety last night and was troubled with the actions of John Kenney but more disturbing to me was the lack of judgment on the part of the Sheriff, the Attorney and the city employee who stood by while John Kenney had a boulder placed on the piece of land that clearly would block access to the Grimes property.  What in the world were they thinking?  Were none of them including the rock delivery driver of sound mind?  Is this how we solve our disputes?  Shame on them for not acting like adults and refusing to participate in this malicious act.  And shame on them for not stopping it.  Granted no one could have predicted that the outcome would be death, but clearly they had to have known that by placing the boulder in that particular spot would contribute to the dispute and not be a solution.  Regardless of the fact that the property may or may not have belonged to John Kenney, the fact remains that the only reason for placing a 2-ton boulder in that particular spot was to intentionally aggravate the Grimes.  John Kenney may have thought he had the law on his side and perhaps from a legal standpoint he did, but intentionally and with spite he escalated the situation in what can only be referred to as childish act.  The attorney, the sheriff and the city employee who stood by and allowed John Kenney to carry out this childish act are as much at fault for contributing to this tragedy.
This exact thing is going on my neighborhood.  I have a 76 year old neighbor which has done similar things to me and my other neighbor.  I am actually going to court in August over some of this mess.  I am being sued for trimming my neighbor's bushes which were over grown.
Mr. Kenney, no matter his accomplishments or intelligence, started and ended this conflict.  He moved in after the Grimes, didnt' like what he saw, and was intent on firing up the situation by placing a boulder in the way of their driveway.  He was looking for an excuse to kill these people, and he got what he deserved...he's the one who should have moved if he didnt' like the neighborhood...what a shame the Grimes couple had to die.
About 5 years ago, my very close friend and nextdoor neighbor sold his home in Littleton, CO to move to a larger spread. The buyers were a Cuban immigrant and his Guatemalan wife. After initial efforts on my part to be friendly to the new couple in the neighborhood, a very nasty incident relating to noise on a Saturday morning shattered any hope of friendship with my new neighbors and I was faced with a perplexing dilemma: tough it out with them and take my chances that nothing further would occur or move. After a long deliberation, I chose the latter. I built a brand new home out of state on some property that I had owned for decades in a resort community and essentially started a new life. Since then, I have always questioned my decision, knowing that anything could have happened. Did I chicken out? What is the quality of life worth? Was I bullied out of the neighborhood? Your story reinforces the correctness of my decision. A life, theirs or mine, is not worth a pointless macho standoff and I now realize that anything, including extreme violence, was possible and, given the intransigence of both parties, probable. I miss my little house but I love my new circumstances and I am captured by the truth of the old notion that a door closed means a window opened. In regard to your story, what a horrible waste that could and should have been avoided.
I see the fault lying with the police department who stood by and watched this boulder being placed in front of the Grimes driveway. As stated, this act "drew a line in the sand" and anyone with one ounce of common sense would have know this act would cause 2 neighbors (who had a history of conflict)to come to major blows.
Mel Grimes was my friend and my attorney. He was a giving and caring man.  I cannot ever forgive a man for shooting a woman in the back as she lie dying, begging for her life and telling her dying husband that she loves him and begging 911 to help them. John Kenny should be put to death...but I can find solace in him dying alone, old, sad...the irony is that he killed Mel and Elizabeth over six feet of ground that HE WILL NEVER SEE AGAIN.
John Kenney felt he was a superior being, and his victims less than human.  He entrapt them with the boulder, ceasing their mobility.  When he saw his
victims working to destroy the trap he had conspired,
he mustered his military training and shot them in cold blood.  He does not care for humanistic principals, nor the law and order of a civilized society that the first responders try to maintain.
John Kenney has little respect for anyone other than his own ego.
This story hasn't left my mind since I watched it last night.
I just cannot get that phone call Mrs. Grimes made that recorded thier murders..........it's very haunting. And such a very sad thing.
I sit here in such disbelief and cannot begin to imagine the arrogance of one person to use such a tiny piece of God's Earth, to escalate the senseless ongoing depute. Justifying in his mind only, he was going to end the feud once and for all by walking out of his house with a loaded gun after he plainly was told to stay in his house and call the police.  He left his house with the intent to kill his neighbors, then wanted to claim self defense.  It so sad how some people think that they are the only ones that have a right to live in this world.  May God help us all!  Life is so short and fragile.  Lets all live in piece.  Thank-you!  RFW    
Watching how the events led up to the vicious and senseless murders of Mel and Elizabeth Grimes, I was shocked and deeply disturbed.
I cannot believe, the sheriff's office, allowed Kenney to place that huge boulder there. That was just anticapiting a huge confrontation, and IMO they need to be held accountable too. I don't believe Kenney felt afraid of them, like he claims, if that was the case, he would have stayed in his house, not gone done his driveway with his gun to kill them in cold blood. And to shoot Elizabeth in the back! Kenney was nothing but a bully and now he's a murderer. Thank God, the jury saw him for who is truly was.


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