LOUISVILLE, Ky. (WDRB) – Attorneys for Kenneth Walker, the man who was with Breonna Taylor when Louisville police shot and killed her in her home, are asking a judge to release the police investigation of the case and a transcript of what was presented to the grand jury.
The motion, filed Saturday in Walker’s lawsuit against the city and police, argued Attorney General Daniel Cameron’s office omitted key evidence and misled the grand jury.
Releasing a recording or transcript of the presentation would “promote ‘the ends of justice’ and the search for the truth," according to the motion.
For example, according to the motion filed by attorney Steve Romines, on Wednesday Cameron announced that officers both knocked and announced their presence when entering Taylor’s apartment on March 13. Cameron said that was corroborated by an “independent witness” who was close by.
But the motion argues that 11 other witnesses have said they never heard police announce themselves. And the witness Cameron relies upon initially told police he did not hear police announce themselves, according to the motion.
Officers in the undercover unit were not wearing body cameras, leading to a dispute over how clearly police announced their presence. The warrant Judge Mary Shaw signed allowed officers to enter without knocking, although police have said they identified themselves and knocked for at least 45 seconds.
And Cameron said Kenneth Walker fired the shot that hit Det. Jon Mattingly and there is no evidence to support he was hit by friendly fire.
Attorneys for Walker argue all available ballistics information “is at best inconclusive” as to whether the shot Walker fired hit Mattingly.
“And to be clear, it was Kenny who was fully justified in his reaction,” according to the motion.
Cameron, the motion claims, “has implicated Kenny as the culprit. And that is disturbing to say the least. Kenny has a right to know what was presented to the grand jury, including all witness statements and other evidence.”
While an attempted murder charge was dismissed against Walker, Jefferson Commonwealth’s Attorney Tom Wine has said he could be charged again.
“Kenny, of all people, cannot be kept in the dark while state and local officials guard critical information and then publicly blame Kenney,” according to the motion.
Walker's attorneys argue in his civil and criminal case that the state self-defense statute makes Kentuckians "immune" from arrest and other charges when they act to protect themselves.
A judge in Walker’s criminal case has not ruled on that request.
"This information is necessary, not only so that the truth comes to light, but so that Kenny may advance his claim" in his civil suit, according to the motion.
Gov. Andy Beshear, Louisville Mayor Greg Fischer and lawyers for Taylor’s family, among others, have called for the release of at least some of the evidence presented to the grand jury.
The grand jury indicted one officer, former detective Brett Hankison, on three felony counts of wanton endangerment, for firing into another apartment during the raid.
No charges were filed against Louisville Metro Police Department Sgt. Jonathan Mattingly and Detective Miles Cosgrove, who fired shots into Taylor's apartment. Taylor died after she was struck by one of Cosgrove's bullets, Cameron said an FBI ballistics analysis showed.
The Kentucky Rules of Criminal Procedure say grand jury proceedings and testimony are secret, although attorneys "may divulge such information" as necessary when preparing the "case for trial or other disposition."
Romines argues the grand jury testimony is a court record and the judge in Walker's civil case has authority to release it, especially now that the grand jury has finished.
Since Cameron relied, in part, on the Louisville Metro Police investigation of the fatal shooting, Romines is requesting Judge Brian Edwards also release that information.
Attorneys will formally make the motion in Jefferson Circuit Court on Oct. 5
Walker was dating Taylor and with her after midnight on March 13 when police raided her apartment on Springfield Drive near Pleasure Ridge Park. Walker, a licensed gun owner, told police he fired one shot when he believed intruders had burst into the home.
The raid was part of a broader, simultaneous series of raids connected to a narcotics investigation of Jamarcus Glover, whom Taylor had previously dated.
Walker has said he "would never knowingly shoot a police officer. Breonna and I did not know who was banging on the door, but the police know what they did. The charges brought against me were meant to silence me and cover up Breonna's murder.”
Taylor, a 26-year-old emergency room tech, was hit six times and died inside the unit.
Mattingly told investigators that police spent 45 seconds to one minute knocking on the door, or "more than enough time for the average person, or even a disabled person, to get to the door in a small apartment."
This story will be updated.
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