City, police and Breonna Taylor's attorneys agree to protective order making evidence in lawsuit confidential for now

LOUISVILLE, Ky. (WDRB) -- Attorneys for the family of Breonna Taylor and those representing the city and Louisville Metro Police officers have agreed to a protective order that will initially keep evidence in the wrongful death lawsuit related to Taylor's death from public view.

The agreement, outlined in a court hearing Wednesday, stems, at least in part, from requests by those investigating Taylor's death and means only the parties involved in the lawsuit will be able to see the evidence.

Attorneys Sam Aguiar and Lonita Baker, who represent the Taylor family, had initially asked a judge to hold city officials in contempt for ignoring subpoenas and failing to turn over records.

For example, a motion was made to hold the records custodian for the Louisville Metro Coroner's Office in contempt for failing to respond to a deposition subpoena or turn over Taylor's autopsy. Aguiar said in court on Wednesday that he had asked for the autopsy in May but it has only been turned over to attorneys representing the city.

"We have the right to this information," Aguiar said of the autopsy report and several other subpoenaed records. "We need this."

But Jefferson Circuit Court Judge Judith McDonald Burkman decided against hearing the contempt motions, saying "we are not there" yet.

Instead, Aguiar, attorneys for the three officers involved in the March 13 shooting death of Taylor as well as the Jefferson County Attorney's office, which represents the city, all agreed on the protective order, which would expedite the release of the records.

Aguiar said the agreement will allow them to get the information more quickly and noted they could later fight for records to be made public.

"We will vehementaly challenge any confidentially designation we do not believe is appropriate," he said.

He also said this is not about the state's open record's law and implored the public and media to continue fighting for public access in the case.

"It's critical we get important discovery in this case as quickly as possible," he said in an interview. "We have already waited far too long."

Assistant Jefferson County Attorney Peter Ervin said the protective order "goes a long way" to resolving the issues, noting that agencies investigating Taylor's death, such as the FBI, want to "prevent dissemination of this evidence."

Aguiar and Baker have argued in court records that police and city officials have ignored subpoenas and "unlawfully denied" open records requests, continuing a pattern of "lack of transparency."

In the hearing today, Aguiar said the city and police have been much slower to release information in the Taylor case than in past civil suits he has been involved in with Metro Government and LMPD.

Among other evidence, the attorneys have asked for the 26-year-old's autopsy report, pictures and any correspondence between Louisville police, Mayor Greg Fischer and prosecutors related to Taylor's death.

Aguiar will prepare the protective order and submit it to the judge who scheduled the next court hearing for July 10.

The shooting of Taylor, a black woman, has drawn national scrutiny and a month of protests both local and across the nation. Taylor was shot eight times after officers burst into her home during an early morning raid after police obtained a no-knock warrant.

Her boyfriend, Kenneth Walker, fired at officers when they rushed in, hitting one in the leg. Walker has told police that he thought he and Taylor were being robbed. Walker initially was charged with attempted murder, but the charge has been dismissed.

Nothing illegal was found at the home.

Attorneys representing Taylor say the city has thus far only released the subpoenaed 911 call made by Walker and a "selection of portions of statements hand-picked by the mayor and Commonwealth's attorney which were presented in an effort to somehow justify the frivolous charges made against Kenny Walker," according to a previous news release from Aguiar and Baker.