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The former Louisville Metro Police Detective reported to Fort Dix, a federal prison in New Jersey on Oct. 9, to serve a 33 month sentence.
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In an order on Monday, U.S. District Court Judge Rebecca Grady Jennings ruled “a jury has spoken and this Court cannot and will not disturb its verdict without legal reason.”
But his attorneys filed a motion Friday asking that the report date from the Bureau of Prisons be postponed 60 to 90 days while Hankison appeals his conviction to a higher court, according to court records.
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Brett Hankison has asked a federal judge to allow him to remain out of prison while he appeals his conviction and sentence of 33 month in prison for using excessive force and violating the civil rights of Breonna Taylor.
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Emotions ran high outside the federal courthouse Monday as former Louisville Metro Police officer Brett Hankison was sentenced to 33 months in federal prison for violating civil rights during the deadly Breonna Taylor raid.
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The DOJ last week recommended Hankison avoid prison and instead be placed on supervised release after being convicted in November of violating Breonna Taylor's civil rights.
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U.S. District Court Judge Rebecca Grady Jennings on Friday ruled she is "frustrated by the nebulous and disjointed" allegations of prosecutorial misconduct during the trial last fall.
The U.S. Department of Justice recommended Hankison avoid prison and instead be placed on supervised release.
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"There is no need for a prison sentence to protect the public" from Hankison, according to a sentencing memorandum.
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The defense asked the judge for leniency, arguing, in part, it would be dangerous for a former police officer to be in prison.