LOUISVILLE, Ky. (WDRB) – A judge on Wednesday ordered Louisville metro government to turn over secure radio communications between police officers from before, during and after the March raid in which Breonna Taylor was shot and killed by police in her apartment.
Attorneys for Taylor's family told Jefferson Circuit Court Judge Judith McDonald-Burkman that those conversations could determine which Louisville Metro Police Department officers were at Taylor’s apartment during the raid and if any were wearing body cameras, among other critical details.
Attorney Sam Aguiar said there has been “confusion” from the city about which officers were present and if there is body cam footage of the March 13 raid or its immediate aftermath.
In court filings, Aguiar has claimed that there were officers assigned to the raid who the city has not confirmed were present and some of them routinely wear body cameras.
"We've identified a few officers that were at least supposed to be on scene that always wear body cameras," Aguiar said in court on Wednesday.
Police have identified three officers who conducted the raid- Sgt. Jonathan Mattingly, Det. Myles Cosgrove and Det. Brett Hankison – and say they were not wearing body cameras.
Aguiar also has argued in motions that Hankison disappeared after the shooting for up to two hours and these communications could shed light on the alleged absence. Hankison has since been fired for his conduct in Taylor's shooting.
The city objected, in part, to Aguiar’s motion, arguing it was overly broad and a “fishing expedition,” telling the judge Aguiar was requesting communications that occurred several hours after Taylor was shot.
“If we can narrow the focus, I think we will be fine,” Assistant Jefferson County Attorney Peter Ervin, who represents the city, told McDonald-Burkman.
Aguiar responded that the communications are "officers literally talking leading up to this, during this and after this while on a crime scene investigation discussing this specific incident, and I just don't see how that is a fishing expedition."
And the judge agreed, ruling that lawyers for the Taylor family are entitled to recordings from as early as four hours before the raid until the scene was cleared the next day about 3 p.m.
The city said it would turn over the records in the next seven days or so.
The records, as outlined by a previously agreed upon protective order, will only be available to parties in the case.
The order initially keeps evidence in the wrongful death lawsuit from public view, unless one of the parties involved argues it should be made public.
The shooting of Taylor, a Black woman, has drawn national scrutiny and more than a month of protests both local and across the nation. Taylor was shot five 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, allegedly hitting Mattingly 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.
Copyright 2020 WDRB Media. All Rights Reserved.
