A grand juror in the Breonna Taylor case, who filed a court motion to clear the grand jury’s minutes and allow a judge to speak publicly, did so out of concerns for truth and transparency, the judge’s attorney said Tuesday.
“The great juror we represent felt compelled to take action based on the charges made in the press conference that followed and the news from the attorney general about how it all went,” said Kevin Glogower, one the jurors’ attorneys said at a news conference Tuesday.
In his 15 years of practice, Glogower said he has never seen a great juror make such a request.
The grand judge was on duty Friday, two days after a grand jury charged former Louisville detective Brett Hankison with willful endangerment in connection with gunshots lost in another apartment.
“I think the only delay was struggling through what they saw and then published at the press conference and figuring out where to go from there,”
Hankison, who was released in June, is accused of ruthlessly firing his gun in a raid on Taylor’s apartment in March. Neither Hankison nor the two officers, Taylor, Myles Cosgrove, and Sgt. Jonathan Mattingly, was directly charged in Taylor’s death. Cosgrove and Mattingly, who were wounded in the shooting, are on administrative leave. Hankison was indicted and pleaded not guilty in Jefferson Circuit Court Monday. He is free for a $ 15,000 bond.
During the trial, Judge Ann Bailey Smith ordered the grand jury record to be submitted to the court by noon on Wednesday. Kentucky attorney general Daniel Cameron was asked by the governor and mayor, among others, to put as much evidence online as possible. Last week he said he would not do so because it would “jeopardize” a federal investigation into the incident and “violate the ethical duties of a prosecutor.”
On Monday night, Cameron said he would follow the judge’s orders.
“The grand jury is supposed to be a secret body,” he said in a statement. “It is obvious that in this case the public interest will not allow it.”
Cameron also clarified, “the only recommended charge is willful endangering.”
“Our prosecutors produced all of the evidence, although the evidence shows that Sgt. Mattingly and Detective Cosgrove were justified in their use of force after they were shot at by Kenneth Walker,” said Taylor’s friend.
Glogower noted that Cameron will publish the grand jury records because he has been directed to file them publicly as a discovery in Hankison’s criminal case. “That’s not exactly the same thing as blanket posting, in my opinion,” said Glogower, adding that he expects audio or video testimonials to be published.
Glogower said his client wanted to remain anonymous “or as anonymous as possible” and believed Cameron had spoken incorrectly when he said the grand jury “agreed” with his team’s investigation that Mattingly and Cosgrove were justified in their actions.
“Although there are six possible charges of murder under Kentucky law, those charges do not apply to the facts before us because our investigation found – and the grand jury agreed – that Mattingly and Cosgrove after the fire with the return of the fatal fire were justified, “Cameron said at a press conference last Wednesday.
The motion accuses Cameron of using the grand jury “as a shield to divert accountability and responsibility for these decisions,” and says this has led to “more doubts in the process.”
“The main concern of our client is that if you saw the press conference after reading the indictment, the attorney general put a lot of responsibility at the feet of the grand juror,” said Glogower. “If you look at the statement that the Attorney General’s Office released yesterday, they were trying to push it back. And I think the concerns we identified in our Grand Juror motion probably caught your attention, and hopefully it will help a little. ” more transparency about how things happened. “
Walker said the police failed to identify themselves and thought they were intruders. He fired his gun once after officers broke into Taylor’s door on March 13. Cameron said a single witness confirmed reports from officers knocking and announcing them.
This is one of the unsolved problems, said Glogower.
Cameron was specifically asked by a reporter last week “why he made such a distinction between one witness about the knocking and reporting the problem and several other witnesses who said otherwise,” Glogower said.
“What we’re getting from the Attorney General in two ways at this point is that they’ve presented everything,” said Glogower. “I would submit to you based on their own testimony, they didn’t.”
Also at issue, Glogower said, is whether the grand jury was given the opportunity to indict the two officers who shot and killed Taylor, a paramedic. He asked if this was on the tape and if Cameron’s office was producing all of the charges they made.
“This issue was not addressed directly,” said Glogower. “And these are exactly the concerns our client has, that we believe other great jurors are likely to have and that the public has.”
It is unclear when it will be decided whether grand jurors can speak publicly. According to Glower, there are anomalies in the Taylor case, such as how long the grand jury process took.
“We know it took about two and a half days,” said Glogower, who is unprecedented in Jefferson County at the state level.
It is possible that much of the proceedings were not recorded, Glogower said. In this case, allowing jurors to speak publicly could create transparency in the case.
“The whole point of the whole action is to get more into the narrative. It’s not really about changing the narrative,” said Glogower. “It’s about opening it up to a more complete truth that everyone can see.”