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.”
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.
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.
"There is no need for a prison sentence to protect the public" from Hankison, according to a sentencing memorandum.
The judge, not the jury, will decide the sentence on April 8.
U.S. District Court Judge Rebecca Grady Jennings ruled a local order finds “no person, party or attorney, nor any representative of a party or attorney, may contact, interview, or communicate with any juror before, during or after trial.”
On Friday, Hankison’s attorneys filed several motions, including requesting a new trial, in part, because prosecutors misled jurors in their closing arguments about what other officers testified happened during the raid.
Brett Hankison's actions in Breonna Taylor raid were 'unfathomably dangerous,' officers will testify
Hankison believed there was someone with a rifle "executing his friends,” his attorney told jurors. “Brett Hankison did everything he could to try to protect and save his fellow officers."
Federal prosecutor Michael Songer told U.S. District Court Judge Rebecca Grady Jennings Friday that two prior incidents when Hankison was a police officer in 2016 and 2017 show “similar intent” as his actions in the Taylor raid and “compelling evidence” that his motive as an officer was to “punish” suspects.