LMPD Chief Schroeder appeals ruling that he testify before Metro Council on Monday

LOUISVILLE, Ky. (WDRB) -- Louisville Metro Police Interim Chief Robert Schroeder is appealing a Jefferson County judge's ruling that he must testify before a Metro Council committee in open session on Monday, days before he retires.

Earlier this week, Jefferson Circuit Judge Audra Eckerle ruled that Chief Schroeder could be held in contempt if he refuses to testify at a Sept. 28 hearing investigating the mayor's handling of the Breonna Taylor shooting, the David McAtee shooting and the months of protests that followed.

In the appeal, Schroeder's attorneys repeat previous arguments that testimony in open session would jeopardize Schroeder's legal protection in an ACLU lawsuit that names him individually.

The appeal argues that Schroeder's testimony would give opposing attorneys in that lawsuit, "access to these proceedings and Chief Schroeder's statements given under oath via a live stream."

The appeal, which has been obtained by WDRB, was filed Thursday with the Commonwealth of Kentucky Court of Appeals.

The Metro Council Oversight and Audit committee initiated the investigation of Mayor Fischer in mid-July. Since then, the investigation has revealed that LMPD and Mayor Greg Fischer's administration haven't always agreed on the city's response to key nights of protests in May and June. That information came from Chief of Public Safety Amy Hess, a key witness in the investigation.

For weeks, the committee 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.

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