LOUISVILLE, Ky. (WDRB) -- The interim chief of Louisville Metro Police Department must testify to a Metro Council committee before he retires on Oct. 1, a judge ordered Tuesday. Additionally, Circuit Court Judge Audra Eckerle ruled Chief Robert Schroeder could be held in contempt of court if he fails to do so.
In mid-July, the Metro Council Oversight and Audit committee initiated an investigation of the mayor's handling of the Breonna Taylor shooting, the David McAtee shooting and the months of protests that have followed. In a hearing last week, the committee already discovered that LMPD and Mayor Greg Fischer's administration didn't always agree on the city's response to key nights of protest in May and June during hours of testimony from department command staff and Chief of Public Safety Amy Hess.
For weeks, the committee has also wanted testimony from Schroeder, who hasn't yet testified.
In August, as the committee sought testimony from Hess and Schroeder, attorneys for the two argued that their clients testifying in a public hearing could jeopardize their positions in a pending lawsuit filed by the American Civil Liberties Union and expose the city to more liability.
Hess and Schroeder walked out of an Aug. 3 council hearing on the advice of their attorneys, who cited the federal civil rights lawsuit against Metro Government, Fischer, Schroeder and several LMPD officers. Instead, the attorneys said Schroeder and Hess were willing to testify publicly later or answer questions immediately behind closed doors in executive session. Council insisted the testimony must be public.
Hess eventually testified after Eckerle ruled that both Hess and Schroeder "can testify before Metro Council without subjecting themselves or government to any harm," but Schroeder — at the advice of his attorney, Joey Klausing — did not testify.
Klausing has argued the judge's order should be revisited, because he said the order didn't specifically address legal concerns raised by Schroeder, who's named individually in the ACLU lawsuit.
"Altering, amending, or vacating the Court’s order is required to prevent manifest injustice to Chief Schroeder and his ability to protect himself in a lawsuit in which he was named in his individual capacity, and which seeks monetary damages," Klausing wrote, in part. "As it currently stands, the Court’s order contains several shortcomings that require clarification. The order places Chief Schroeder in the unenviable position of being required to appeal to the Court of Appeals and asking it to review an issue of law upon which this Court did not address."
Tuesday, Eckerle denied Klausing's motion.
"The Court finds that Intervening Plaintiff Chief Schroeder failed to comply with a lawful subpoena by the Louisville Metro Council's Government Oversight and Audit Committee and, in doing so, he has subjected himself to this Court's contempt powers," Eckerle wrote.
The judge said she wouldn't hold Chief Schroeder in contempt of court if he testifies to the committee on Monday, Sept. 28, at 1:30 p.m.
During a Tuesday night committee meeting, Councilman Brent Ackerson, D-26, said he's scheduled a special meeting, that could last up to four hours, to collect that testimony. Ackerson encouraged his colleagues to review previous testimony to craft the best questions for Schroeder.
The order is appealable. Klausing says he and Chief Schroeder haven't yet discussed what they'll do next.
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