City aims to block Explorer case evidence in whistle-blower case

The 167 page lawsuit (Source: WAVE 3 News file photo)
The 167 page lawsuit (Source: WAVE 3 News file photo)
Published: Jul. 19, 2018 at 9:27 PM EDT|Updated: Jul. 19, 2018 at 9:56 PM EDT
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LOUISVILLE, KY (WAVE) - The city's attorneys have now filed a motion to prevent information about the Explorer Program case and other evidence from being brought up in court during a whistle-blower case against the Louisville Metro Police Department and its chief, Steve Conrad.

The whistle blower case was filed by demoted Lieutenant Jimmy Harper.

The County Attorney's Office filed a "Motion in Limine" Tuesday, the day after Metro Council President David James gave a deposition in the Harper case. That motion is trying to prevent three specific things from being entered as evidence in the whistle-blower case, which the trial is set to begin in August.

>>> PREVIOUS STORY: David James says LMPD chief has been 'untruthful'

One of the items they do not want presented is any information about the Explorer Program sex abuse scandal.

Harper's attorney Thomas Clay contends the information about the Explorer scandal is important to their case because it was information he gave to David James that prompted the councilman to call the FBI.

In the motion the city is claiming Conrad did not know Harper was James' source.

The city also does not want the testimony of David James, where he claimed Conrad has lied in the past, to be presented. James made the statements Monday during his deposition in the Harper case. James went on to say Conrad should be on the "Brady" list, which has the names of problematic officers who have been found to be untruthful in the past.

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The motion stated James has not presented any evidence outside of his own opinion on the matter, and therefore should be excluded.

The city has also asked a judge to disallow any reference to a previous whistle-blower case involving Barron Morgan and Richard Pearson. Morgan claimed he was retaliated against after helping a woman who was accused in a murder she did not commit. Morgan was awarded $450,000 as part of a settlement.

Harper was the Major of LMPD's Second Division until he was demoted to the rank of Lieutenant during what Conrad called a re-organization of the department.

A number of people have been deposed in that case including Conrad, Louisville Mayor Greg Fischer and Louisville Deputy Mayor Ellen Hesen.

The whistle-blower case is expected to go to trial in August.

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