UPDATE: Former detective sued for alleged sexual assault could n - WDRB 41 Louisville News

UPDATE: Former detective sued for alleged sexual assault could not have been involved, attorney says

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LOUISVILLE, Ky. (WDRB) -- An attorney for a former Louisville Metro Police Detective said his client could not have sexually assaulted a woman and stole money from her, as the woman claims in a lawsuit filed this week.

Brian Butler, an attorney for former Det. Carl Payne, said on Thursday that Payne was on administrative duty on Sept. 10, 2013, when Shirlene Taylor-Ellery alleges that Payne pulled her over, groped her and, along with other officers, stole $400 from her purse.

On Wednesday, Butler denied that Payne groped the woman. On Thursday, Butler said he received a phone call from Payne, who told him he was on administrative duty at the time of the incident and could not have been involved in the traffic stop.

"On behalf of Mr. Payne, we find it outrageous he has been sued for these allegations," Butler said. "He could not have possibly even been there, much less engaged in this conduct. It's offensive someone would make up a lie like this."

Phil Russell, a spokesman for the department, said there is a criminal investigation ongoing based on Taylor-Ellery's claims but that Payne was on administrative duty last September because he had been arrested in June 2013 for driving under the influence.

Pete Lay, an attorney for Taylor-Ellery, told WDRB Thursday that "my client has positively identified Carl Payne as the officer who assaulted her that night. And if his story is that he was not there, that is something we will have to hash out in the discovery process."

Asked if they had any other evidence that Payne was involved beyond Taylor-Eller's identification, Lay said that would be something that would come out as the case moves forward.

In the lawsuit, Taylor-Ellery claims that on Sept. 10, 2013, Payne groped inside her pants while patting her down, “going as far as to insert his finger into Shirlene's vagina."

The lawsuit also accuses Payne, along with other members of the department's VIPER Unit, of stealing $400 from Taylor-Ellery's purse. The lawsuit names Payne and other unknown officers.

Payne has misdemeanor official misconduct charges pending for allegedly contacting three women he had brought charges against, propositioning them for sex and encouraging sexually explicit text messages and images in exchange for a promise to help them with their legal woes.

Dwight Mitchell, a spokesperson for the police department, said Wednesday he could not comment on pending litigation.

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