Judge will allow attorney to review LMPD investigation into West - WDRB 41 Louisville News

Judge will allow attorney to review LMPD investigation into Western High teen slaying

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LOUISVILLE, Ky., (WDRB) – A judge will allow a defense attorney to review the Louisville Metro Police investigation into the February slaying of a Western High School student, which has been sealed even though the death was ruled justifiable months ago.

Louisville attorney Julie Kaelin had asked that the investigation of the shooting of 18-year-old Anthony Smith Jr. by Fahed Abu-Diab be released by police as she believes Abu-Diab is also a possible "perpetrator" in an August murder of a 23-year-old in which her client has been charged.

Abu-Diab, also known as Adam, and two other people – Tyrone Thomas Jr. and Fatima Abu-Diab – have also been charged with the Derby night murder of Toronto resident Scott Hunter, 49.

Kaelin wants to use evidence from these other Fahed Abu-Diab cases in the trial of her client, Freddie Downer, for the August murder of Devonne King. Abu-Diab is a key prosecution witness in the King murder case.

Police have refused to release the Western High slaying investigation to Kaelin because they say it is still pending.

"We continue to hear that it's been ruled justifiable (but) the investigation is still open," Kaelin told Jefferson Circuit Court Judge Olu Stevens on Friday.

Stevens ruled that Kaelin can review the file, "for your eyes only."

Anthony Smith's family has also called for police to release the investigation into his death.

In February, days after the shooting, Louisville Metro Police told the media that no charges would be filed in connection with the death, calling the incident, "justifiable homicide."

"The person that fired the fatal shot was in fear of imminent danger, or in fear of their own life, or another person's life, so basically, it allows that person to use deadly force for self-defense," Lt. Todd Kessinger of the LMPD Homicide Unit said at the time.

Dwight Mitchell, a spokesman for LMPD, said the case is going to be reviewed by the Commonwealth's Attorney's office before it is officially closed.

Smith's parents believe police and prosecutors didn't properly review the case.

"If they only would have took a little more time before they said it was justifiable, this wouldn't have happened to another person," Elgina Smith told reporters earlier this month.

Smith's family has said they want officials to re-visit their son's case and investigate what really happened.

Kaelin wrote in court records last month that Abu-Diab is a "potential alternate perpetrator" in the murder of King. She has complained that prosecutors in the King murder never turned over information about the Smith slaying and why it was ruled justifiable.

Kessinger turned over the sealed investigation to Judge Stevens last month.

Assistant Commonwealth's Attorney Jeff Cooke, a spokesperson for the office, said prosecutors do not believe the investigation is relevant to the King murder and didn't need to be turned over to Kaelin or other defense attorneys.

After the Derby, Hunter was walking with a friend back to their hotel on Phillips Lane when they were confronted and he was shot to death. Abu-Diab, Tyrone Thomas Jr. and Fatima Abu-Diab were charged with murder and several counts of robbery.

They have pleaded not guilty.

Kaelin wrote last month that Abu-Diab is also the key witness against her client and three other men who face murder charges in the King case.

In the April 22 motion, Kaelin argued that Abu-Diab is a "known drug trafficker" and evidence in the King murder case shows he and King were "engaged in a criminal enterprise together." And Abu-Diab has written on social media that "he finds fault in himself for what happened" to King, according to Kaelin.

"In short, Mr. Abu-Diab is not just a witness, he is a potential alternate perpetrator," Kaelin wrote to Judge Stevens. Kaelin included several Facebook postings apparently made by Abu-Diab in recent months.

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