Kenny Green’s mother says system failed her son, too

Glen Whiffen
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Noreen Green says her son, Kenny — who is to be sentenced Friday for manslaughter in the death of Joey Whalen — is not the monster the media and the police have made him out to be.

In this image taken from Noreen Green’s Facebook page, Noreen and her son, Kenny, pose for a photo at a wedding.

She said among the badges she has seen during court appearances that read “Justice for Joey” should be some calling for justice for Kenny Green.

Noreen Green said the justice system has failed both of them.

“One thing the Whalen family has right is that the justice system sucks,” Noreen Green told The Telegram Tuesday.

“Joey’s father said Kenny ‘slaughtered my son.’ Well, Kenny had a fight with his son. The person who killed his son is still out there and people are too blinded by what the police are saying to see it.

“I never wanted Joey Whalen to die. My heart goes out to that family.”

Whalen, 47, died March 17, 2013, from blunt force trauma to the head. It happened four days earlier at a notorious drug house on Tessier Place in the downtown area of St. John’s.

Kenny Green, 35, had been charged with second-degree murder, but last Tuesday, just as his

trial was set to begin and the jury was ready to enter the courtroom, he pleaded guilty to the lesser charge of manslaughter.

Whalen's family was outraged and said Kenny Green will now get what they believe is a slap on the wrist for killing Joey Whalen.

In Newfoundland Supreme Court last Friday, lawyers presented an agreed recommendation on sentencing for Kenny Green — six years, less time served.

With a total of 578 days' credit for pre-trial custody, it would leave four years and five months on his term. And, in federal institutions, offenders can apply for parole after one-third of their sentences are served.

If the judge accepts the proposed sentence this Friday, it means Green could be out of jail in 17 1/2 months.

Noreen Green says Kenny Green had no choice but to take the deal and plead guilty to manslaughter. She said her son was reluctant to do so at first.

“I begged my Kenny to take the deal for manslaughter,” Noreen Green said, wiping tears from her eyes. “He wasn’t going to get a fair trial. There was so much publicity on this case, and in the news, there was no way he was getting a fair trial. I begged him to take it. He didn’t want to.

“He never signed it until the last minute because he told me he was agreeing to something he didn’t do. He never, ever denied having a fight with Joey.

“I wish people would just hear the facts. There was a footprint on Joey’s back. My son is size 13. This footprint was smaller. If Kenny did what he was supposed to have done to Joey, he would have been covered in blood. When the police hauled him in that day, the police officer said there was no blood on him but abrasions on his knuckles.”

Among the facts of the case presented in court, Joey Whalen had suffered multiple blows to his head and body, resulting in lacerations to his forehead, scalp, lips, chin, eyelids and ear. (Lacerations in the agreed statement of facts are described as occurring when tissue is twisted and ripped, resulting in a more irregular tear than a sharp or incised cut to the tissue).

He was also covered in bruises and abrasions and had three fractured ribs.

Kenny Green has admitted he attacked Whalen because he thought Whalen — who had sold drugs for him in the past — was going to "rip him off." In the agreed statement of facts, Kenny Green admits he struck Whalen several times with his fists, and that the force he used was excessive and unreasonable.

But Noreen Green said her son was not the type of person who would go too far, nor use a weapon during a fight.

“If Kenny had a fight, he’d box, that was it. Kenny never carried any weapons,” she said. “My son is a human being. If I thought for a minute he would do something like that (cause injuries to kill someone), I would never condone it. But I would never walk away from him. I would never walk away from my child.”

Members of Whalen’s family weren’t aware Kenny Green would plead guilty to manslaughter until the morning the trial was to start.

Crown prosecutor Sheldon Steeves told the judge that day he would have told the family, but he wasn't advised of the change of plea until shortly before proceedings in court were set to begin.

Whalen’s family has pleaded in public for someone to explain to them why the deal was offered to Kenny Green.

Joey Whalen’s daughter, Brittany Hammond, said last Friday any sentence Kenny Green gets will be far too short.

"My father lay there for four days and they're standing there like Kenny's the victim," Hammond said. "He was a drug dealer and he beat somebody. Why? Because he thought he deserved it? No one deserves that.

"I hate Kenny Green, and you know what? I wouldn't even kill him that way.”

According to the agreed facts, on the day of the incident, Kenny Green drove to the house just before 10 a.m.

Derek Tulk, who lived in the house, told police that after Green arrived, he went upstairs to get money for Green. He heard Whalen come in and soon heard an altercation, as if someone was being tossed around.

When Tulk came back downstairs, he found Whalen face down on the floor. He was badly injured, but still breathing. He said Green was alone in the living room and was covered in blood. He said he offered Green a towel to wipe blood spatter from his face and after that Green left.

Police later found hundreds of blood spatters on the walls. A towel found in the living room did not have DNA matching Whalen or Green’s on it.

Tulk said he couldn't find his cellphone to call for help. About 10 minutes later, he left the house and went to a neighbour to ask them to call an ambulance.

Noreen Green wonders what happened during the period of time after Kenny Green left the house and the ambulance was called. She said other people had gone into the house after Kenny had left.

She also noted Tulk had changed his statement to police over the course of the investigation.

In the agreed statement of facts, police say Tulk had not been candid with them at the beginning of the investigation. It was only after Whalen died that he became more co-operative.

Noreen Green said she believes police “railroaded” her son because he had been busted for weed in the past. She said because of his criminal record, they assumed he killed Whalen and did not want to look elsewhere.

She also alleged that previous cocaine-related charges against Tulk had “mysteriously disappeared.”

However, a check at provincial court found that Tulk received a conditional discharge in July 2013 for a conviction on a charge of possession of cocaine. He had been charged in connection with a September 2012 incident.

Noreen Green said Whalen’s family is convinced Kenny Green killed Joey because “the police are telling them that.”

“You know something? If Joey was alive today, Joey could tell them what the police is like and how conniving they are because he had a few run-ins with them,” she said. “And I think the media goes along with whatever the police say. Whatever the police say, the media writes.

“(Media) are making a big thing about Joey. (The police) never gave a rat’s ass about Joey. That’s one person out of their hair they don’t have to deal with anymore. And Kenny, well that’s another person they will have gone.”

Steeves said he and defence lawyer Randy Piercey opted for the plea bargain of manslaughter and the joint submission on sentencing because there were several issues with the case — no one witnessed the assault, the key witnesses were drug addicts, the 12-minute wait to get help was questionable and the sneaker footprint at the scene did not match Green's.

The sneakers that made the impression in blood at the scene were not found, nor was Green's DNA found at the house.

Steeves said Green may have had a case for self-defence. He said had the case gone to a jury, the outcome likely would have been the same — a conviction on manslaughter.

Piercey said if the case had gone to trial, Green would have had a 60 per cent chance of being convicted of manslaughter, a 20 per cent change of being acquitted and a 20 per cent chance of being found guilty of second-degree murder.

"Twenty per cent is huge," Piercey said, adding that Green, with three children to go home to, "chose certainty over the small possibility (of being convicted of murder)."

Noreen Green said you’d never find a better father than her son.

“He loves his three kids,” she said. “Kenny phoned me for Mother’s Day and he said, ‘Mom, I wish all this drama was over.’

“He’s very soft-hearted. He’d do anything for his friends. That was his downfall. I always told him that.”

 

gwhiffen@thetelegram.com

Organizations: Joey Whalen.In Newfoundland Supreme Court

Geographic location: Tessier Place

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Recent comments

  • fair game
    May 15, 2014 - 20:24

    Kenny deserves a fair trial and a voice as well and thats exactly what his mom is doing! All of you judging the mans family are pathetic...joey was no saint

  • mike
    May 14, 2014 - 21:04

    ...

  • mike
    May 14, 2014 - 20:57

    ?

  • mike
    May 14, 2014 - 20:30

    I just wanted to say this is all extremely sad. I am also blown away by the whole thing.I find it very interesting that the Whelan family have not expressed any anger toward the people that were there and did very little to help. I mean 15 minutes could have made a difference in receiving medical attention. as an outsider there are way to many missing pieces to this story. Unless mr green is a magician i do not see how alone he was able to do what was done ..clean the house of his dna the towel mr tulk said he gave to kenny had no evidence of his blood or dna on it. The officer that pulled kenny over leaving the scene stated there was hardly any visible blood..i mean with what was done it is unbelievable he wasnt covered! And who owns the footprint on joeys back if the family wants justice wouldnt they want to know if others were involved...and be upset at the fact no one provided the necessity of live by contacting the paramedics right away. I mean who over was there seemed to play a part small or large. who is to say nothing was done to joey after mr green left.I think the whelans are going to be. Far more disappointed if this goes to trial because there is absolutely no way they can find mr green guilty of second degree based on what they have! It is a devastating thing but everyone deserves a fair trial. For all the people attacking the character of mr green and his family i think its disgusting.The whelans have made comments about kenny deserving to die because they are protective of joey...kenny has a family n kids as well he is still a human being who has rights.Dont bash the family for loving there child..everyone in life makes choices good and bad..im sure all of you commenting have made some yourselves!

    • Andy
      May 15, 2014 - 13:15

      Nope, I am racking my brain here and I can't seem to remember a time that I beat a guy to death over a drug deal.

    • mike
      May 15, 2014 - 21:53

      See Andy its people like you that make me laugh! Sitting on your computer being a wiseguy. I was not referring to everyone making the mistake of murdering someone. I was simply pointing out the fact that bad things do happen and sometimes good people make wrong choices. But for you to state that kenny murdered Joey over a drug altercation sounds like your pretty positive about your comment. Sounds like andy should be a prime witness because he seems to be 100 percent positive of what went down! Listen you narrow minded ignorant person. I am simply voicing my opinion that he deserves a fair trial.....and unless you were there and know what exactly happened I think you should make room for the fact that Kenny could possibly be innocent. You sound so unintelligent like a lot of people who know nothing but what they hear on the streets of St. Johns. Do your homework bro they were both in the same circle and got in a altercation. As for the rest unless you were there you cannot say for sure what went down. By the way i bet your mother is sooo proud of what a great gentleman you turned out to be!

    • Suzanne
      May 16, 2014 - 12:14

      I agree with you, Mike! And for those of you who are thinking of ingesting this shit for the first time, let this be a lesson.....bad things happen to good people ALL the time, but it is a fact that you increase your risk of dying a hell of a lot more if you involve yourself in this world of drugs. As I said before, if you lay down with dogs, you get up with fleas. That isn't a reference to Mr. Whalen.....it's a reference to this hellish lifestyle that addicts get swallowed up by. How many more are going to be "ruined" by choosing to enter this nightmare?

  • Criminal Justice
    May 14, 2014 - 19:07

    This is a man that we want to have walking the streets in 6 years?

  • Mike
    May 14, 2014 - 14:46

    People who are stating with c ertainty that Kenny Green committed murder should re-read this story. There is no concrete evidence of it, and this is what Green's mother is saying. The comments here saying that Green killed this man only proves what Green's mother is saying... he wouldn't get a fair trial because of the media and the police.

  • Mike
    May 14, 2014 - 14:43

    People who are stating with c ertainty that Kenny Green committed murder should re-read this story. There is no concrete evidence of it, and this is what Green's mother is saying. The comments here saying that Green killed this man only proves what Green's mother is saying... he wouldn't get a fair trial because of the media and the police.

  • Marie
    May 14, 2014 - 14:32

    Kenny was lucky that hes only getting a few years for what he did to joey he deserves life! Nolody should die like that! No matter what joey did kenny had no right of beatting him so bad that it ending his life!!!

  • ruby
    May 14, 2014 - 13:23

    I believe that as an adult Kenny Green should take responsibility for his actions. This is no reflection on the mother. Also, in his own father's words, the incident at the pen was the result of a beating that Kenny Green gave the other inmate at an earlier time. Obviously, Kenny does have a violent past. The only difference is that this inmate survived, Joey Whalen did not.

  • Confused
    May 14, 2014 - 13:17

    In the article the mother says there was no evidence found implicating Kenny Green. Maybe that's because he was not arrested for 5 days in which he used this time to get rid of the evidence. He was hoping not to get caught. Guilty!!!! If you believed in your son's innocence and there was such a lack of evidence, why beg him to take a plea bargain. Why not take a chance on acquittal.

  • Christina
    May 14, 2014 - 12:40

    What does it matter about either of their life styles? The fact is Kenny killed a man. He literally beat him to death! He's a disgusting excuse of a human being. The justice system is also disgusting and what are they teaching our youth and society? Oh hey you can go out and fight with someone killing them and be out in six years no worries your life will go on! Kenny's mother should keep her mouth shut about the whole thing because ultimately her son is alive! She should be ashamed of herself to act like her family are the victims makes me sick! Joey and his family are the real victims here. I think you people are missing the point, constantly bringing up their pasts. It doesn't matter what Joey did in the past he didn't deserve to be beat to death. Kenny on the other hand, deserves a hell of a lot more than what he's going to get.

  • NotGuilty
    May 14, 2014 - 11:35

    I think its so quick to judge when you are on the outside looking in.. A family lost a son, and yes its horrible. But so is a man potentially going to jail for a crime he did not commit. I am bias and know neither the victim or the accused, but i do know that noone can give the answers as to what happened that night. there is your side, my side, and the truth right!?! For all those who "Know" that Mr. Green is a killer, please enlighten me by filling in the gaps of the facts please. Put it all out on the table. Who owned the footprint, the blood on the towel, and what happened in the 10..12...however many minutes help wasnt called? I personally have no addictions or issues with drugs or alcohol, but can assure you I have friends who have, and their 10 minutes and my 10 minutes dont run off the same clock. Being involved with drugs brings more friends than enemies, and i dont wish to slander the character of the deceased, but who is to say that another altercation didnt take place?.......anyone's guess really. The only good thing we can hope is that Mr. Greens time served will impact his future decisions, decision #1, being a life without the influence, be it physical or financial, of drugs.

    • concerned citizen
      May 14, 2014 - 19:54

      It is sad what happened to mr. whelan but things just dont add up. I think the wheland family need to step back and consider something else may have taken place. Why did no one call for help and there were people going in and out of the house whose to say something else didnt go on. I think alot of people are jaded by rumors. Unless mr green is a magician how in 13 minutes did he do that to joey clean all of his dna from that house and towel....and who owned that footprint on his back? Bys emotions aside something else went on that is missing to this story!

  • Just me
    May 14, 2014 - 11:14

    When you get involved with drugs.. nothing good can come of it.. Joey Whalen is no innocent here, albiet nobody deserves to die like he did but was he not selling drugs as well????? Do you think this would have happened to him if he was working at walmart? If Mr. Green beat him enough for Mr. Whalen to die, then he needs to pay.. with more than just 6 years! That is just ridiculous!

  • maryanne whalen
    May 14, 2014 - 10:49

    Kenny phoned you for Mother's day , well Joey got to spend Mother's day in heaven with his Mother, because your son killed him brutally.

  • Suzanne
    May 14, 2014 - 09:55

    It's so tragic what drugs are doing to our communities and our young people. I don't know either Mr. Green or Mr. Whalen, but with this lifestyle comes consequences, some of which can't be undone! If you lie down with dogs, you get up with fleas....and THAT'S a choice!

    • Trina
      May 14, 2014 - 12:09

      Oh so Suzanne, it's Joey's own fault that he was brutally beaten to death? He had an addiction, that was not all that Joey was, he was a father, a son, a brother and and husband and a friend to many! He was loved and respected by a lot and we will grieve for him and his family everyday! R.I.P Joey

    • Teri
      May 14, 2014 - 13:45

      Totally agree, however this man didnt get up with fleas....he didnt ever get up again. Neighbors were sick of reporting kennys drug house to the police so ended up having to go to the city. Why didnt the police shut it down? Kenny admits to running a cocaine house and prostitution ring....why isnt he charged with any of those offences? We are all products of our environment....kenny is that guy who would look you in the eye while he pays someone to come from behind and pipe ya.....people seem to forget it was KENNYS drug house, not JOEYS. Of course the hookers arent gonna talk...kenny provided all their drugs and a place to prostitute out of...

  • Susan
    May 14, 2014 - 09:37

    Your son is a murderer. You failed him, he failed his family and all of you failed Joey's family. The system didn't fail your son. If anything the system gave your son a gift, to be out in a few years when he should be doing life. He took a man's life with his bare hands. He killed a man. I don't care about who they were/are or what they did for a living, your son killed a man and he deserves to be behind bars for the rest of his life. The more you speak about your poor son, makes the rest of the world sick. For everyone in their right mind and for Joey's family, please stop your BS and just say your SORRY. I highly doubt you even know how. Leave it at that and you can visit your son in jail if you feel that bad for him.

  • guy incognito
    May 14, 2014 - 09:28

    When Green survived the attempt on his life at the pen his skeety girlfriend and father were saying how tough he was and how 9 people couldn't get him. Now we are supposed to believe the mother that he was a gentle soul? Whatever......

  • Darrell
    May 14, 2014 - 09:27

    Noreen...you failed him and you failed society. Don't try to blame others.....you never took responsibility as a parent.

  • wavy
    May 14, 2014 - 09:04

    Victims on all sides with enough blame to fill Bowering Park pool. Drug addiction is a disease though, right? Not a choice? There is a disease in this story, a festering, cancerous disease and it's not cocaine addiction.

  • RATTER 01
    May 14, 2014 - 08:57

    Oh please!!!!!! Open your eyes Noreen. There is no one to blame but Joey himself. Why is it everyone's else at fault but the criminal himself. HE KILLED A MAN WITH HIS FISTS. How vicious can that be? Your son is an animal and maybe you should take some of the blame, because as his Mother, you were the one who should have taught him right from wrong.

  • Mike
    May 14, 2014 - 08:56

    Piercey is the most respected criminal lawyer in the province, by both crown and defence. He would not have recommended a guilty plea if guilt was not likely a trial verdict. Drug dealers do more than sell to addicts. Drug dealers create a criminal environment for theft, robbery and violence. Its what addicts do to acquire a drug dealer's product. So sorry, both of these men were criminals living a criminal's life which inevitably leads to death and/or jail.

    • guy incognito
      May 14, 2014 - 09:32

      Lawyers talking advantage of technicalities, coaching criminals, and reaching plea deals, are a part of the problem with our "justice" system.

  • Cathy
    May 14, 2014 - 08:01

    How are the media and police making him out to be a monster. He beat a man to death, I don't need the media telling me what kind of man he is. St offering excuses and let him do the time for the crime.

  • WILL
    May 14, 2014 - 07:44

    They are all a bunch of gentlemen who we would love to have as our, fathers, children and married to our daughters.........they are all good abiding citizens . What the hell is the Police doing bugging THEM all the time..... O GOOD GOD GIVE US A BREAK FAMILIES.

  • KJB
    May 14, 2014 - 07:26

    of course....the system failed your son. Lets blame everything on the system...boo hoo he's going to jail for KILLING a man. Count yourself lucky your son is still on this side of the sod unlike his victim. makes me sick!!

  • also a mother
    May 14, 2014 - 07:21

    I am not by any means saying that Green is innocent nor am I saying he is guilty. But looking at the facts outlined in this case (noted above in the story) how can they even arrest him and charge Green with this. No DNA evidence or ties to the crime scene seems like the Druken case years ago when they said he killed that lady on Empire Ave and again no DNA or ties tying him the crime scene.........Yes they are scum bags for selling drugs (to other addicts or contributing to people becoming addicts) but to be put in jail or given jail time for a 'murder' that there is no concrete evidence he was truly guilty for doesn't seem to flow with me.........just another sweep it under the rug cause he's trouble type of thing in my eyes. The justice system doesn't give me much hope for future generations :(

  • A mom
    May 14, 2014 - 06:13

    I don't think the system failed your son think you as a mother did,I'm sure he had more charge against him then just weed over the years.Ya maybe he does have children that he says he care about but so did the other man.If you care so much about you kids get areal job and provide for your kids with legal money.I don't think he grew up a saint.I don't know either of these families but they are the ones who choose the easy money.

    • Sarah
      May 14, 2014 - 07:28

      wow. neither of these men were saints. I don't see you judging Joey's mother so harshly. Her son was involved in the same circles and was not an innocent bystander in this. If Joey didn't have his own circle of thugs then there wouldn't have been an attempt on Kenny's life an the pen a while back. Both of these men were tied up into this lifestyle by their own choosing. It is wrong of you to tell someone they are a horrible parent based on the actions of their adult children. I hope you are enjoying life on your high horse where I'm sure you've never made a mistake as a parent or a human.

    • Mel
      May 14, 2014 - 08:43

      I agree with Sarah. The most amazing parents can't control what their children do in their adult years. Even if you show them right from wrong and try to keep them away from that sort of lifestyle these men had, doesn't mean that they will. I don't know if your children are young or adults but I'm sure you have or will have friends (if this doesn't happen to you personally) that are great parent but still have a hard time with their children. Don't judge. And maybe you need to look at yourself, from that post alone proves to me that you are far from perfect, and this is a poor attitude to be teaching your children. Shame on you.

    • George
      May 14, 2014 - 08:50

      Very well said Sarah! Can blame a parent for the choices there ADULT child made!!

    • teri
      May 14, 2014 - 14:05

      Children come in this world with a clean slate....they look up at their parents every day saying, tell me who i am....show me how to live life etc.....we treat ppl the way we were taught, we react to things the way we were taught. How we as parents cope with stress, react to stress etc is how our children will deal with stress themselves later on in life. Kenny was taught to manipulate people, taught to do whatever you have to to get what you want. This is not a man who as a child was taught to contribut to society, taught to respect others and so on.....his parents failed him just as he is failing his children by his latest actions himself.