Judge criticizes Brett Hankison attorneys, denies new trial in Breonna Taylor case

LOUISVILLE, Ky. (WDRB) – A federal judge has denied a motion requesting a new trial for Brett Hankison, who is scheduled to be sentenced Monday after he was found guilty of using excessive force and violating Breonna Taylor's civil rights in a botched police raid of her home in 2020.

U.S. District Court Judge Rebecca Grady Jennings on Friday ruled she is "frustrated by the nebulous and disjointed" allegations of prosecutorial misconduct during the trial last fall.

"This appears to be a circumstance of throwing everything possible at the Court and seeing what sticks," according to the judge's 58-page ruling.

The request to throw out Hankison's conviction for violating Taylor’s civil rights did not include challenges to the evidence presented by prosecutors.

Instead, the defense argued the prosecution's closing arguments were improper for making comments about whether officers should have shot Taylor. The defense also claimed some questions to witnesses allowed for opinion-based responses, instead of factual statements.

The judge ruled that Hankison’s defense attorneys did not object during the trial to the prosecution's remarks or the testimony that prompted the appeal. She also found that Hankison’s attorneys failed to prove any proof of prejudice by the prosecution in misleading the jury to affect the outcome.

The defense also argued Hankison's trial was tainted because the jury reached its verdict just days before the 2024 presidential election in which police using excessive force was a major talking point.

"The Court finds no connection between the prosecutors' statements in closing arguments and the then political environment," Jennings ruled.

Finally, the judge ruled, the defense failed "to demonstrate that the evidence against (Hankison) was not strong."

This latest ruling may not matter much, however, if the judge follows the prosecution's recommended sentence.

The U.S. Department of Justice has recommended Hankison avoid prison and instead be placed on supervised release for three years.

"There is no need for a prison sentence to protect the public" from Hankison, according to the memorandum filed last week. Hankison was facing up to life in prison.

In a sentencing memorandum filed on July 16, federal prosecutors recommended one day of incarceration -- which Hankison will get credit for from the day he was booked -- a three-year term of supervision and a $100 fee. He also agreed to provide his DNA.

Jennings will ultimately decide the sentence. The sentencing guidelines for this conviction are between 135 months to 168 months in prison, according to the memorandum.

The trial centered around Hankison firing 10 times from outside Taylor's apartment through a covered sliding glass door and blinded windows in Taylor's bedroom window, with three bullets flying into an adjacent apartment where Cody Etherton, Chelsey Napper and her 5-year-old child lived.

The jury acquitted Hankison of violating the civil rights of the neighbors.

The DOJ wrote in its memorandum that prosecutors are unaware of any other prosecution of a police officer facing this same conviction for not injuring anyone.

The sentencing memorandum also noted that Hankison was found not guilty during a state trial and his original federal trial ended in a mistrial, prompting a third trial before prosecutors could get a conviction.

This has caused Hankison an "emotional burden" and he is suffering from PTSD, anxiety and sleeping difficulties, the DOJ argued. In addition, Hankison has no prior criminal history and will never serve in law enforcement again.

The defense laid out numerous mitigating circumstances, arguing the crime occurred under "sudden and extreme provocation" and create the type of scenario that would prompt a "reasonable police officer to attempt to kill another person."

The conviction stems from a March 13, 2020, raid of Taylor's home in the middle of the night, in which police officers busted down her door to serve a search warrant related to a drug dealer who lived 10 miles away.

Police sought out a search warrant for Taylor's home as part of a broader investigation that focused on drug suspect Jamarcus Glover. Police believed Glover may have been using Taylor's apartment to receive drugs and store money.

When police burst in, Kenneth Walker -- Taylor's boyfriend -- fired a shot that hit an officer in the leg.

Multiple Louisville Metro Police officers returned fire, killing 26-year-old Taylor. No drugs were found in her home.

Walker's "conduct, even if assumed to be lawful, provoked defendant’s offense conduct," according to the DOJ.

"Although the jury found that the circumstances did not give rise to a complete defense, (Walker) indisputably fired on defendant’s fellow officers, shooting one in the leg, exposing both officers to a risk of death in the so-called 'fatal funnel.'"

This story will be updated.