2 investigations still open in Breonna Taylor case

2 investigations still open in Breonna Taylor case

LOUISVILLE, Ky. (WAVE) - Hours after a grand jury cleared two LMPD officers and indicted one former officer in the Breonna Taylor case, two LMPD officers were shot during another night of unrest in the city of Louisville.

The injured officers, Maj. Aubrey Gregory and Robinson Desroches, are both recovering.

The unrest came after Sgt. Jon Mattingly and Det. Myles Cosgrove were not charged in the deadly raid on Taylor’s apartment in March. Two other investigations are still looming -- one by the FBI and one by LMPD’s Professional Standards Unit.

“I can only hope that the FBI and the Department of Justice bring the justice that we did not get,” said Lonita Baker, an attorney for the Taylor family.

That joint federal investigation is ongoing.

The FBI ballistics report was a key part of Kentucky Attorney General Daniel Cameron’s investigation. Cameron pointed out Wednesday in his grand jury announcement that the FBI may focus in part on LMPD Det. Joshua Jaynes, who wrote the affidavit to get the search warrant. The FBI is trying to find out if federal civil rights were violated, in particular a citizen’s right to deny unreasonable search and seizure.

“You can search a person’s home under the constitution with a warrant signed by a judge," said former Assistant U.S. Attorney Brian Butler, now a defense attorney who is not involved in the Taylor case.

Butler said federal investigators want to know how the information in the search warrant came about, and whether it was truthful.

“If a law enforcement officer were to intentionally put information in a warrant that they knew was false in order get that warrant, then the judge would have signed that warrant under false pretenses," Butler said.

Butler added that to prove Jaynes did that intentionally -- and not accidentally -- is a tall order, especially in cases where informants provide information that’s not accurate.

There’s also an ongoing internal PSU investigation to make sure all officers followed department policy and procedure. The chief could reprimand officers or even fire the officers if they are found to have committed such violations. If any officers face civil rights violations, the penalties could be stiff, as much as 10 years in prison.

Copyright 2020 WAVE 3 News. All rights reserved.

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