LOUISVILLE, Ky. (WDRB) – A Louisville judge has refused to overturn the 2021 conviction of the man who killed a Louisville Metro Police detective in a 2018 fiery crash while under the influence of controlled substances and watching a pornographic video on his phone.
In a June 12 appeal, a new attorney for Roger Burdette argued he received ineffective assistance of counsel and there was no testimony during the 2021 trial showing how the "trace drug amounts" in Burdette's blood would affect him. He also argued the defense failed to present an expert to testify as to his phone usage leading up to the wreck, among other allegations.Â
Burdette was found guilty in November 2021 of murder for hitting and killing LMPD Detective Deidre Mengedoht in a crash on Interstate 64 on Christmas Eve 2018. He was sentenced to 27 years in prison.
In a ruling on Tuesday, Jefferson Circuit Court Judge Jennifer Bryant Wilcox found multiple claims of ineffective counsel “without factual or legal merit,” listing several ways in which the defense made the arguments Burdette is now saying were missed.
Burdette also argued that he was not given sufficient explanation from his attorney on whether he should testify on his own behalf. If he had testified, according to Burdette, he would have told the jury that he was not under the influence or narcotics or watching pornography.
Wilcox ruled that testifying likely could have made things worse for Burdette, given the “overwhelming proof” to the contrary, and would have “been fodder for a blistering cross-examination” which may have led to a higher prison sentence.
However, Wilcox did rule Burdette is entitled to an evidentiary hearing on whether he was given enough information to decide whether he should take the stand in his own defense.
A date has not been set for that hearing.
After his sentence, Burdette said we was sorry and accepted responsibility.
The Jefferson Commonwealth's Attorney's office has said in a statement that the conviction has already been upheld by higher courts in other appeals.
"A jury of Mr. Burdett's peers determined that he was criminally responsible for the killing of a police officer," according to the statement. "We respect that decision."
Burdette was driving an MSD truck when he crashed into Mengedoht's unmarked cruiser as she was conducting a traffic stop on I-64 on Dec. 24, 2018. The car burst into flames, and Mengedoht died at the scene.
During the trial, prosecutors presented evidence that they said proves Burdette had taken drugs prior to the crash and that he was watching porn on his cell phone just before he crashed into Mengedoht.
Before the crash, Mengedoht had pulled over a truck in front of the Belvedere. Quentin Brady was inside the truck with his girlfriend, her sister and a baby.
"I heard an explosion once her car was struck," he said during the trial. "My truck was sliding across the guardrail, and her car slid in front of my truck."
Burdette, who was not injured in the wreck, failed a field sobriety test and originally told police he had taken non-narcotic prescription drugs. He was charged with murder, wanton endangerment and DUI in the crash and fired by MSD about a month later.
Related Stories:
- Roger Burdette asks Louisville judge to overturn murder conviction in crash that killed LMPD detective
- Ky. Supreme Court upholds conviction of man who killed LMPD detective in 2018 crash
- LMPD honors Detective Deidre Mengedoht on 4th anniversary of her death
- Jury finds Roger Burdette guilty of murder in crash that killed LMPD detective
- Truck driver was watching porn just before crash that killed LMPD detective, investigators say
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