LOUISVILLE, Ky. (WDRB) – Louisville Police Chief Jacquelyn Gwinn-Villaroel testified in an ongoing trial that the city does not agree with all of the findings in the U.S. Department of Justice’s investigation into LMPD, repeatedly calling them “allegations.”

Gwinn-Villaroel also said last Friday that Metro government hasn’t yet been provided with an initial version of a proposed consent decree, the court-enforced roadmap for changes within the police department.

“We have not begun the negotiation process for a pending consent decree, nor have we been issued or seen a draft of the consent decree,” she said under oath in a trial of an officer accused of violating the department’s chase policy. “Therefore, we are in a holding pattern, as of today.”

The chief’s testimony stands in stark contrast to prior public statements from Mayor Craig Greenberg and other city officials have said about the findings and the city’s path working with federal officials moving forward.

The Justice Department review concluded in March that its investigations shows that LMPD and Metro government "engaged in a pattern or practice of conduct that deprives people of their rights under the Constitution and federal law" that includes excessive force, searches based on invalid warrants and conducting unlawful traffic and pedestrian stops.

In additional testimony Monday about unlawful traffic stops, Gwinn-Villaroel told jurors she “could not give you a summation as to how (the DOJ) arrived” at its findings. “I can not speak on the allegations.”

When reminded that the data and opinions in the DOJ report includes interviews with officers, police officials and people involved in cases, as well as incident reports and internal and criminal investigations, Gwinn-Villaroel testified she does not have all the information the DOJ used.

“Therefore, however, they arrived at their report, it’s their report,” she said.

After an attorney pointed out that LMPD provided much of the information to the DOJ for its investigation, the chief did not directly answer the question, saying “again, the DOJ has made its findings.”

She said she could not verify the validity of the findings because the city has not received a draft of the consent decree and does not know how the DOJ came to its conclusions.

“With all accuracy and honesty, I cannot speak to this report and its fullness because we are still in the beginnings of this process,” Gwinn-Villaroel testified. “… You want me to speak to the findings of this report, and I refuse to do that.”

In a statement, a spokesman for Mayor Greenberg said the chief was correct in that the negotiation process with the DOJ has not yet begun.'

"We are waiting for them to send us a first draft of the consent decree and we look forward to beginning negotiations when that happens," said spokesman Kevin Trager."  "As far as how long it typically takes the DOJ may be able to provide an answer on that."

The Justice Department did not respond to request for comment. 

In news conferences about the report, the city and police have generally accepted and agreed with the report’s findings, saying they plan to use it to make necessary changes to the department.

"I know there are people who will look at this report, and they'll be eager to find some way to minimize it, or dismiss it,” Greenberg said when the report was released. “They'll say it's all politics, or that you could find examples like this in any city. No. This is not about politics or other places, this is about Louisville. This is about our city, our neighbors and how we serve them. We will not make excuses. We will make changes. We will make progress, continued progress, towards improvement and reform."

In addition, former LMPD Chief Steve Conrad testified earlier this year in a lawsuit against police that he had no reason to question the DOJ findings.

"The Department of Justice knows what they're doing — and I don't doubt their findings," Conrad said in a deposition for a lawsuit filed by the family of a man killed by officers.

Conrad also acknowledged the department, under his command, likely unlawfully stopped, searched, detained, and arrested people during street enforcement activities. He said he believes LMPD, in certain cases and individual circumstances, likely discriminated against Black people.

When Conrad was asked about LMPD engaging in acts that derived people of their rights, Conrad said, “I don't know that, but it's, again, in the report and I don't think the Department of Justice would've included it if they did not have sufficient evidence to make that statement.”

Trager said on Tuesday that the city's stance on the DOJ report has not changed.

But Gwinn-Villaroel and attorneys for the city have repeatedly downplayed the DOJ findings in court during civil lawsuits against LMPD.

In asking a judge to not allow the DOJ investigation to be used in a lawsuit earlier this year, the County Attorney's office claimed the report "does not provide sufficient basis for the conclusory statements made. It simply provides a few brief examples of the purported violations, largely in the form of generalized hearsay. The Report is certainly not binding on the Court."

In a statement last month, Josh Abner, a spokesman for the county attorney's office, said the DOJ report contains "general allegations for which there has not been a legal determination, and it does not provide access to the underlying investigation."

As to the trial Gwinn-Villaroel testified in, she repeatedly called the DOJ findings “allegations” that had nothing to do with the case at hand, a lawsuit filed by the family of Trevon Mitchell, who was killed when a suspect blew through a stoplight and hit his moped.

His family said the suspect was being chased by LMPD and that the officer should be held accountable, but the department disputes those claims.

The fiery crash happened in July 2021 at the intersection of Dr. W.J. Hodge and Broadway. It was caught on a surveillance camera from a nearby food mart.

Police said the suspect, Larry Williams, refused to stop after a traffic violation. Mitchell's family said officer Benjamin Sullivan was chasing Williams when he blew through a stoplight at the intersection, crashing into Mitchell's moped.

Mitchell was killed and three others were seriously injured in what became a chain-reaction crash.

LMPD's policy prohibits officers from chasing suspects who flee after violating traffic laws.

The trial is expected to wrap up late next week.

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