The Kentucky Supreme Court ruled the five-year statute of limitations ran out and the city should have known Mark Handy was corrupt when the lawsuit was filed and then settled in 2012.
The men were alleged victims of corrupt former Louisville police officer Mark Handy and the police department which played a central role in their wrongful conviction for the "satanic ritual" killing of Rhonda Sue Warford in 1992.
This is now the second time a lawsuit previously dismissed based on the lack of details in Bevin’s pardons has been overturned by the 6th U.S. Circuit Court of Appeals.
The ruling will allow two previously dismissed wrongful conviction lawsuits to proceed against Louisville police.
The case was immediately botched by police when the witness' statement was lost, a detective recorded over surveillance video of the shooting with a David Letterman episode and the wrong man was arrested.
Percy Phillips was charged with the murder in 2009, immediately after Edwin Chandler was exonerated. The case has been pending ever since.
The 1993 shooting of gas station clerk Brenda Whitfield has been a travesty of justice for her family, but, finally, after nearly 30 years, the murder trial of Percy Phillips, charged in 2009, began on Wednesday.
A murder case that has seen a man wrongfully convicted of the crime could go to trial this week, nearly 30 years after the crime occurred.
Keith West had filed suit against former detective Mark Handy, who pleaded guilty in March of last year to tampering with physical evidence in West’s two 1997 manslaughter convictions.
Despite a request from prosecutors to put him back in jail with a bond, Percy Phillips left the courtroom a free man until his trial, now set for April 2022.