KY- Breonna Taylor, 26, fatally shot by LE, Louisville, 13 Mar 2020 *MEDIA, TIMELINE* NO DISCUSSION

@dctello

Attorney General Daniel Cameron and an attorney for former LMPD detective Brett Hankison want a judge to reconsider ordering criminal discovery be publicly filed. Hearing set for Monday
In the joint motion, Cameron and Hankison's attorney argue filing discovery in the record would let it be published by the media and "permanently taint potential jurors." They add publishing discovery could be an "impetus" for more threats of violence.
The parties also quote the court's conclusion that "publicity concerning the discovery material in issue could influence public opinion against (the defendant) based on information found to be wholly inadmissible at trial."
Daniel Cameron wants to keep discovery in Brett Hankison case closed
 
Breonna Taylor case: Louisville police officer says shooting had 'nothing to do with race

"This is not relatable to George Floyd. This is nothing like that," Sgt. Jonathan Mattingly said, speaking out for the first time in an interview with ABC News and the Louisville Courier Journal.

"It's not Ahmaud Arbery. It's nothing like it. These are two totally different types of incidences," Mattingly said.

Mattingly said protests and public anger surrounding the Taylor case could have been avoided if the Louisville mayor and police officials corrected misinformation sooner.

"It's been excruciating," Mattingly said.

"When you have the truth right there in your hands and everything else is getting crammed around you, it's frustrating."

Mattingly dismissed assertions by some that there was a racial motivation behind the actions of the three officers who fired their weapons during an apparent drug raid at Taylor's apartment.
"It's not a race thing like people wanna try to make it to be. It's not. This is a point where we were doing our job, we gave too much time when we go in, I get shot, we returned fire," Mattingly said in the interview.

"This is not us going, hunting somebody down. This is not kneeling on a neck. It's nothing like that." he added.

The full interview with Mattingly will air on ABC Good Morning America Wednesday morning.
 
in another article, he continues:

Louisville officer: "Breonna Taylor would be alive" if we had served no-knock warrant

Mattingly said that officers had no idea that Taylor's boyfriend, Kenneth Walker, would be at the apartment during the post-morning raid, and that's the reason "we gave her so much time" after what he claimed were multiple knocks on her door.
  • "They wanted to do the right thing and they said, 'Give her time to come to the door,'" said Mattingly, who also claimed that officers yelled, "Police, search warrant!" multiple times before entering.
  • Mattingly said that he was the first officer inside the apartment after they rammed down the door, and that he could see Walker pointing a gun at him after turning a hallway corner.
  • Walker said he did not hear police announce themselves and he fired one shot when they barged through the door, mistaking the officers for intruders
  • "Let's get one thing straight, he wasn't shooting at the ground, he wasn't firing a warning shot. He was in a stretched out, two hands," Mattingly insisted.
What they're saying: "I feel for her. I hurt for her mother and for her sisters. It's not just a passing 'Oh, this is part of the job, we did it and move on.' It's not like that," Mattingly said.
  • "I mean Breonna Taylor is now attached to me for the rest of my life. And that's not again, 'Woe is me.' That's me feeling for them. That's me having a heart and a soul, going as a parent, 'How do you move on?' I don't know. I don't want to experience it."
  • "I spent 20 years giving my time, blood, my energy trying to help the city that I grew up in, that I love," Mattingly said, noting that his family has received death threats. "And now when something tragic like this happens, now your family is the one that everybody wants to come after."
___

Kenneth Walker, who fired first, told investigators it was in self-defense and reiterated that in his own interview. He said he "didn’t have a clue” who was coming through the door.

“I never thought it was the police,” he said. “Because why would the police be coming here?”

Police fired 32 shots in return, six of which struck Taylor, who had worked as an emergency medical technician.

Officer shot in Breonna Taylor’s apartment speaks out about deadly incident
 
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Grand Juror speaks

Breonna Taylor: grand juror speaks out, saying homicide charges weren't offered

In a written statement, the grand juror, who was not identified, said that only wanton endangerment charges were offered to them to consider against one officer. The grand jury asked questions about bringing other charges against the officers, “and the grand jury was told there would be none because the prosecutors didn’t feel they could make them stick”, the grand juror said.

The anonymous grand juror challenged Cameron’s comments, saying the panel “didn’t agree that certain actions were justified”, and grand jurors “did not have homicide charges explained to them”.

“The grand jury never heard anything about those laws. Self defense or justification was never explained either,” the statement continued.

The grand juror’s attorney, Kevin Glowgower, said his client’s chief complaint was the way in which the results were “portrayed to the public as to who made what decisions and who agreed with what decisions”.

The grand juror had no further plans to speak about the proceedings on Tuesday beyond the statement, Glowgower said.

The grand juror had no further plans to speak about the proceedings on Tuesday beyond the statement, Glowgower said.

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Breonna Taylor grand juror speaks out, says prosecutors steered them away from homicide charges
 
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Kentucky Attorney General Daniel Cameron has acknowledged his prosecutors did not introduce any homicide charges against two officers who shot Taylor, and said it was because they were justified in returning fire after Walker shot at them.

Cameron said in a statement on Tuesday, that it was his decision “to ask for an indictment that could be proven under Kentucky law. Indictments obtained in the absence of sufficient proof under the law do not stand up and are not fundamentally fair to any one.”

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___

At a (previous) news conference announcing Hankison’s indictment, Cameron said prosecutors “walked the grand jury through every homicide offense” and said “the grand jury agreed” that officers were justified in returning Walker’s gunfire.

___

In the statement, the grand juror said that homicide laws were not explained during the proceedings, even though the panel asked about them.

“Questions were asked about the additional charges and the grand jury was told there would be none because the prosecutors didn’t feel they could make them stick,” the statement said. “The grand jury didn’t agree that certain actions were justified, nor did it decide the indictment should be the only charges in the Breonna Taylor case.”

The grand juror added that self-defense and justification laws were not explained either.



Breonna Taylor: grand juror speaks out, saying homicide charges weren't offered

Officer shot in Breonna Taylor’s apartment speaks out about deadly incident
 
Attorney Benjamin Crump, who represented Taylor’s family in a civil suit, said Cameron “whitewashed” what his office presented to the grand jury.

“We now know what we suspected: Attorney General Daniel Cameron took the decision out of the grand jury’s hands,” Crump said in a joint statement with co-counsels Sam Aguiar and Lonita Baker. “They didn’t allow the grand jury to do what the law says they have the right to do. This failure rests squarely on the shoulders of Daniel Cameron.”

The grand juror’s account, along with other recent disclosures about the proceedings, conflicts with Cameron’s announcement about the indictment on Sept. 23.

Cameron announced that day that a grand jury had declined to bring homicide charges against the Louisville police officers — Sgt. Jonathan Mattingly, Detective Myles Cosgrove and now fired officer Brett Hankison — who shot into Taylor’s apartment in March. The grand jurors indicted Hankison for allegedly endangering the occupants of a neighboring apartment who were in the line of fire, although they were not hit.

Breonna Taylor grand juror speaks out, says prosecutors steered them away from homicide charges

On Tuesday, another attorney for Taylor’s family said Cameron’s office committed a “grave error.”

“Once that grand jury asked for additional charges, the AG’s office did not have the authority to say ‘no,’” Lonita Baker said. “KY rule of criminal procedure 5.14: ‘The attorney for the Commonwealth or designated assistant shall also, when requested by them, draft indictments.’”
 
Mattlingly continues:

Mattingly said Floyd’s death was a case of misconduct and the abuse of power. Taylor’s death was neither, he said.

Regardless of any connection to a narcotics investigation, Mattingly said police weren’t there to act as the judge, jury and executioners that night.

“What we were being was someone who's defending their lives against gunfire coming at them,” he said.

But, Mattingly said, police weren't at Taylor's house by "happenstance."

"There's a reason the police were there that night," he said. "And if you're law-abiding citizen, the only contact you'll probably ever have with the police is running into them in Thorntons or if you get a speeding ticket. Other than that, unless you know them, you're not really dealing with the police.

"And I think that's part of the problem because the people who say there's all this injustice and all that are the people who deal with the police in negative connotations. So naturally, their view of the police is going to be skewed and not good."

Mattingly also said he believes Walker knew police were at the door, partly because you don’t have “that loud of a knock, that loud of an announce, that long — and people not know it’s police.”

“Everybody knows the police knock,” Mattingly said. “When that took place for that long — and they had that much time to think and react and formulate a plan — I don’t know he didn’t hear us. We were talking 20 feet away through a thin metal door.

"So, my opinion, yes, he heard. But I’m not the end-all, be-all.”

Mattingly said he no longer expects to return to the Louisville Metro Police Department, despite initially wanting to return to work.

Asked what changed, the sergeant pointed to leadership, including the mayor’s office, and the public perception of him by some. He said his name has been so smeared that it likely would be unsafe for his family for him to return.

Plus, he said he’d reached his 20-year mark with the department, giving him the possibility of retiring.

He doesn’t plan to do that, however, until after LMPD's Professional Standards Unit investigation is completed in the officers’ conduct that night at Taylor’s apartment.

“I don’t want people to think we’re hiding,” he said.

Mattingly added his plan in the future is to try to help others, including police officers, who face similar types of incidents.

Mattingly fired some of his sharpest criticisms at Louisville Mayor Greg Fischer and his administration.

He said he begged the mayor's office to release evidence or factual information but was told officials didn’t want to “set precedent” for future cases.

“My response to that was, ‘So you’re willing to let the city burn down to not set a precedent for another case?’” Mattingly recalled. "A lot of (the) flames that have come up, a lot of this stuff could have been diverted. Now, would people still have a problem with it? Yes. But I think with the truth coming out, then you wouldn’t have as much distrust."

As Taylor’s death started to gain attention, Mattingly said “each day that passed” without misinformation being rectified was “adding fuel to the fire.”

He pointed specifically to claims that Taylor was asleep, that officers were at the wrong home or that Taylor didn’t know Jamarcus Glover, Taylor's ex-boyfriend who was a main target in the narcotics investigation the led to the attempted search of Taylor's home, which he said would have been possible to clarify without harming the case.

"It fell on deaf ears, and politics, in my opinion, played a big part of it," he said, declining to elaborate on who specifically he urged to speak out.

“There’s a reason that the fire wasn’t put out early, that he (Fischer) let it simmer until it got to where it was at, and then it got out of control, and I don’t think he knew how to reel it back in,” Mattingly said.

Asked what message he would have for Fischer, Mattingly said: “I don’t appreciate him coming in my hospital room and talking about my son. And then turning around and never addressing the fact that my son’s life was threatened and never being the type of leader he should have been, standing behind what we did.”

Mattingly specifically called out Crump for being an “agitator.”

Crump came to Louisville, “stirring up all this stuff and then leaving your city. He didn't have to pick the pieces up,” Mattingly said. “He simply comes in, causes problems, throws out all these either direct lies, or these innuendos, and leaves people hanging, and then he disappears."

Mattingly said if city leadership had quashed misinformation sooner, people would have a “totally different” understanding of what happened.

“Would everybody be pleased? No,” he said. “But you can’t please everybody.”

Breonna Taylor shooting: Louisville officer Jonathan Mattingly speaks
 
A Louisville cop involved in Breonna Taylor's killing said in a nationally televised interview Wednesday that she would be alive today if he and six other officers had stormed into her house faster and given her less time to react — which policing experts blasted as "outrageous," "mind-boggling," and "irrelevant."

Breonna Taylor Shooting: Louisville Officer Says She Should Be Alive
 
NEW: Maj. Kim Burbrink has been administratively reassigned and is being investigated by
@LMPD
Professional Standards Unit at the request of Interim Chief Yvette Gentry.
@WLKY

LMPD reassign major accused of pressuring Breonna Taylor investigators

In the summary report, Sgt. Jason Vance, an investigator with the PIU, describes several instances where LMPD protocol was not followed after the shooting. Former officer Brett Hankison, it states, was supposed to go to the PIU office, but instead walked around the scene and then went to the hospital where he spoke with former Chief Steve Conrad.

The report also states that investigators asked for a copy of the operations plan for the search warrant served at Taylor's apartment, but never received one.

As their inquiry continued, PIU investigators encountered problems.

Vance dedicates five paragraphs in the report to outline how Maj. Kim Burbrink, commander of the Criminal Interdiction Division, inserted herself into the investigation. Vance says, despite objections from the PIU, Burbrink attended a briefing on the case in mid-May.

According to the report, Burbrink "began asking pointed questions about the investigation." When investigators mentioned inconsistencies in Hankison's story, Burbrink "took opposition with investigators and requested investigators to list the inconsistencies." The report calls her behavior in the meeting a "cross examination of the investigation." Deputy Chief Rob Schroeder, who was later named interim chief before retiring, apologized for Burbrink's actions twice.

The report also details issues with Det. Joshua Jaynes' account of how the search warrant for Taylor's apartment was obtained. PIU investigators determined Jaynes and other officers were told no suspicious packages were being delivered to her home on Springfield Drive. This is inconsistent with what Jaynes swore to on the search warrant affidavit. Investigators called his wording "misleading" and concluded Jaynes "should be reviewed for criminal actions."

Vance also includes that investigators requested a follow-up interview with Sgt. Jon Mattingly, who was shot in the leg during the incident. The report says Mattingly denied that request, citing threats made against him and the "misinformation reported by the media." It's unclear whether investigators made another attempt to speak to Mattingly.

The last page of the 234-page report details a ballistics issue that appears to remain unresolved. In June, ballistics experts with the FARO company went back to Taylor's apartment to determine where one of the bullets fired by Hankison ended up. Those experts established a trajectory for one of the shots fired by Hankison from the bedroom window. A rendering created by the experts show the bullet traveling from the window, through the bedroom and landing in the hallway where Taylor's body was found.

PIU file raises questions about one of Brett Hankison’s bullets and a commander’s actions
 
Breonna Taylor case: What Louisville cops' disciplinary records say

On May 15, The Courier Journal requested the complete investigative files for any previous internal and criminal investigations concerning Sgt. Jonathan Mattingly, Detective Myles Cosgrove and now-former Detective Brett Hankison.

The three officers fired 32 rounds the night Taylor died in her apartment during a drug raid that went awry. Six of those rounds hit the unarmed 26-year-old woman, killing her in her hallway.

153 days after the initial request for the three officers' files, The Courier Journal received the records — more than 1,600 pages in all.

But more than 150 of those pages were heavily redacted, covered by large black rectangles.

LMPD said the law allows redactions for "the non-disclosure of preliminary records that express opinions and not a final decision."

Michael Abate, a First Amendment attorney in Louisville who represents The Courier Journal, said it is "absurd" to suggest facts underlying a decision in the cases are preliminary.

He said it represents an ongoing pattern of conduct by LMPD.

"This is, unfortunately, part of a culture that is so resistant to transparency in any form that even when they think they're being transparent, they're in fact hiding the substance of the documents that they're releasing," Abate said.

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The Courier Journal requested the complete Professional Standards Unit and Public Integrity Unit case files for Mattingly, Cosgrove and Hankison on May 15.

State law requires public agencies to respond to all records requests within three days, excluding weekends and legal holidays. LMPD did not acknowledge this request until June 3 — 19 days later.

Citing "the volume of data" being requested and "the time necessary to review and redact said data" the department estimated June 3 the records would be available by Aug. 17.

By then, accusations of sexual assault had surfaced against Hankison, and he was fired by then-interim LMPD Chief Robert Schroeder for shooting "blindly" into Taylor's apartment.

The department then revised its estimate after the Aug. 17 deadline passed, saying the records would be ready by Sept. 28.

That was the day Hankison plead not guilty to three counts of wanton endangerment for firing into an occupied apartment next to Taylor's the night she died. A grand jury indicted him on those charged Sept. 23.

On Oct. 13, LMPD again revised its deadline to turn over the records, saying they would be available by Oct. 29. The department beat that last estimate, providing the files Oct. 15 — five months to the day after The Courier Journal's request.
 
Mattingly, 47, said he can't explain why Jaynes said Mattingly had verified packages for a suspected drug dealer were being delivered to Taylor's residence — because he didn't tell Jaynes that.
Sgt. Jonathan Mattingly says his role in police securing Breonna Taylor search warrant was misstated by Detective Joshua Jaynes. "I can't answer for Detective Jaynes or what his thought process was. That's something that he's going to have to deal with."
A lawyer representing Jaynes told The Courier Journal on Thursday he was not prepared to directly address Mattingly's claims

Breonna Taylor case: LMPD officer distances himself from warrant
https://t.co/LIZMURBAhO?amp=1
 
@JasonRileyWDRB

Among the alleged evidence not presented to the grand jury is video of former
@LMPD
Det. Brett Hankison leaving Taylor's apartment and "removing a metal object, such as a shell casing, from his pocket and dropping it in the breezeway."

Attorneys for said @kyoag's "actions continue to raise eyebrows. Recently, his office took out an arrest warrant against one of the private investigators who had worked on the civil case."
The grand jury also did not hear evidence of Hankison's whereabouts after the shooting, attorneys claim. He had more than 120 calls and text messages. "None of the messages were presented and no efforts were made to interview those who were messaged and called."
 
@robferdman
LMPD Sergeant Jonathan Mattingly filed counter claims against Breonna Taylor’s boyfriend Kenneth Walker for battery, assault, and intentional emotional distress. He and his lawyer seem to be swinging for the fences here. They want punishment for Walker and money for damages...

In response Walker's lawyer Steve Romines said Walker is "immune from both criminal prosecution and civil liability as he was acting in self defense in his own home. Even the most basic understanding of Kentucky’s Stand Your Ground law and the Castle Doctrine evidences this fact"
"One would think that breaking into the apartment, executing his girlfriend and framing him for a crime in an effort to cover up her murder would be enough for them. Yet this baseless attempt to further victimize and harass Kenny shows otherwise."
 
@robferdman
LMPD Sergeant Jonathan Mattingly filed counter claims against Breonna Taylor’s boyfriend Kenneth Walker for battery, assault, and intentional emotional distress. He and his lawyer seem to be swinging for the fences here. They want punishment for Walker and money for damages...

In response Walker's lawyer Steve Romines said Walker is "immune from both criminal prosecution and civil liability as he was acting in self defense in his own home. Even the most basic understanding of Kentucky’s Stand Your Ground law and the Castle Doctrine evidences this fact"
"One would think that breaking into the apartment, executing his girlfriend and framing him for a crime in an effort to cover up her murder would be enough for them. Yet this baseless attempt to further victimize and harass Kenny shows otherwise."
 

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