Roger Burdette asks Louisville judge to overturn murder conviction in crash that killed LMPD detective

LOUISVILLE, Ky. (WDRB) -- The man convicted of killing 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 asked a judge to throw out his murder conviction claiming his attorneys provided ineffective assistance.

In a June 12 appeal, a new attorney for Roger Burdette argued there was no testimony during the 2021 trial showing how the "trace drug amounts" in Burdette's blood would affect him and that the defense failed to present an expert to testify as to his phone usage leading up to the wreck.

"At no time did he watch the video while driving the truck," attorney Michael Goodwin argued on Burdette's behalf.

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.

"I'm sorry," Burdette said during his formal sentencing, adding that he took full responsibility for causing the wreck that killed Mengedoht.

But Goodwin is now arguing Burdette was not told by his attorneys that unless he testified, his defense that he had not taken narcotics that day and was not watching a pornographic video while driving would not be heard by jurors.

An expert toxicologist, Goodwin argued, would have testified that the trace levels present in Burdette's blood would not have caused him to be impaired "and likely would have resulted in a different outcome at trial."

In addition, Goodwin claims the traffic stop was done in an "extremely dangerous location" under the Belvedere tunnel where there was poor visibility. He argued defense attorneys did not tell jurors that LMPD had instructed officers not to make traffic stops in this area and that Mengedoht "had previously caused at lease three accidents due to poor decisions."

"Trial counsel failed to present the following available evidence at trial which would have demonstrated that the traffic stop in that location was improper and contributed to the risk to all involved, including Roger Burdette," Goodwin claims.

The area the crash occurred does not have an emergency shoulder.

There are no details in the motion about any other problematic traffic stops by Mengedoht.

On Monday, Jefferson Circuit Court Judge Jennifer Wilcox ordered prosecutors to respond to the motion by Dec. 1.

The Jefferson Commonwealth's Attorney's office 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.

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