LOUISVILLE, Ky. (WDRB) -- Nearly a month after Jefferson Circuit Court Judge Ann Bailey Smith denied Brett Hankison's request to move his trial date out of Jefferson County, she has now postponed the trial by nearly six months.
Smith said the previous trial date of Aug. 31, 2020, was not realistic, because the court needs to prioritize other cases. The Kentucky Supreme Court ruled courts may resume jury trials May 1, but the judge said cases of people in custody will need to be prioritized.
"I regret that that is the reality, but it is the reality in light of us not being able to have jury trials for so many months here in Jefferson Circuit Court," Smith said.
Hankison was seen nodding his head in approval after the announcement was made. He is facing three felony counts of wanton endangerment for shooting into the apartment next to Breonna Taylor's, showing "extreme indifference to human life" for three people inside, the grand jury concluded. Each charge carries a prison sentence of 1 to 5 years, if he is convicted.
Smith once again addressed her commitment to finding an unbiased jury locally, when asking both the prosecution and defense to modify questionnaires given to prospective jurors. She said questionnaires should be shortened and questions such as, "Have you ever served on a jury before," be removed. Smith also said the proposed questions — as they stand now — could influence a juror's opinion.
"If we're sending this out to those who have responded to the summons but before they've been brought into the courtroom, I don't want to then encourage them by those questions to start researching the publicity, researching the civil judgement," Smith said. "I'm afraid we'll be putting ideas in their heads, and I'm not able to instruct them to not do that."
Smith said the decision to delay the trial may be beneficial in the event COVID-19 restrictions — such as jurors needing to wear masks — are lessened in the coming months.
"I would think to most attorneys, that would not be preferable," she said. "You want to hear not only what people have to say, but you want to see expressions on their faces."
Hankison is due back in court for his next hearing on July 16.
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