Breonna Taylor Grand Jury report

[sam_gordon]

The grand jury report on the Breonna Taylor case will be presented at 1:15P ET today.

FRANKFORT, Ky., Sept. 23, 2020 — The Jefferson County grand jury will present its report on the Breonna Taylor case to Jefferson County Circuit Judge Annie O’Connell today, Sept. 23, 2020, at 1:15 p.m. ET. This remote proceeding is open to the public and can be accessed here:



Jefferson Circuit Judge Annie O’Connell’s Personal Meeting Room
Join from PC, Mac, Linux, iOS or Android: https://zoom.us/s/9856811866 [gcc01.safelinks.protection.outlook.com]



Or Telephone – Dial:
USA 713-353-0212
USA 888-822-7517 (US Toll Free)

Conference code: 471501

 

[JimMIA]

I'm still very unclear what the procedure is in this case. I know the state Attorney General has been reviewing the Grand Jury investigation and report, but I'm not sure where the authority lies for filing, or not filing, criminal charges in this matter.

Is the decision up to the Grand Jury? Or do they make a recommendation to the Attorney General?

 

[sam_gordon]

I wish I could help you. I figured people would be interested in this and wanted to give them a heads up on the announcement. State AG is supposed to have announcement at about 1:30P. Guessing most TV stations in Kentucky will be streaming that.

 

[Praying Colonel]

If you're a praying type, please throw up a few for my city today.

 

[Praying Colonel]

I'm still very unclear what the procedure is in this case. I know the state Attorney General has been reviewing the Grand Jury investigation and report, but I'm not sure where the authority lies for filing, or not filing, criminal charges in this matter.

Is the decision up to the Grand Jury? Or do they make a recommendation to the Attorney General?

Pretty good Courier-Journal explainer article on the procedural rules here.

Also, keep in mind the AG is acting as a special prosecutor here due to the usual prosecutor (the Jefferson County Commonwealth Attorney) recusing himself.

 

[JimMIA]

If you're a praying type, please throw up a few for my city today.

Yeah, you're going to need lots of prayers! No matter what decisions come out of this, nobody is going to be happy.

This case is about the worst fact set I've ever seen. Hopefully, the Grand Jury report will provide some actual facts about what really happened. It's entirely possible that nobody involved did anything criminal...and an innocent person died as the result.

You can't dream up a much worse scenario than that.

 

[JimMIA]

Also, keep in mind the AG is acting as a special prosecutor here due to the usual prosecutor (the Jefferson County Commonwealth Attorney) recusing himself.

Right, and I read that article, but it just confused me.

The article says the AG could decide to present the case to a Grand Jury. But a Grand Jury is already presenting a report... . So does he then take that report to another Grand Jury?

I guess what is confusing me may be a procedural difference between Florida and Kentucky.

In Florida, the Grand Jury report would either contain a "True Bill" (indictment for a crime) or not. If a True Bill is issued, someone IS charged with a crime -- the True Bill is the charging document. If no True Bill was issued, a prosecutor could still file criminal charges, but they usually wouldn't.

 

[Ms.Minnie]

It seems to me that our country is in a very sad place. The fact that the city where this is taking place is boarding up ahead of the report coming out is very telling. Very sad that people have to prepare for destruction if others don't hear what they think is the correct outcome. I think we all need to pray for peace and sanity to return to the streets of our cities.

 

[Praying Colonel]

Right, and I read that article, but it just confused me.

The article says the AG could decide to present the case to a Grand Jury. But a Grand Jury is already presenting a report... . So does he then take that report to another Grand Jury?

I guess what is confusing me may be a procedural difference between Florida and Kentucky.

In Florida, the Grand Jury report would either contain a "True Bill" (indictment for a crime) or not. If a True Bill is issued, someone IS charged with a crime -- the True Bill is the charging document. If no True Bill was issued, a prosecutor could still file criminal charges, but they usually wouldn't.

The last time I was involved in a criminal case was when the first George Bush was President, but that's my understanding of how it works here in Kentucky, too. Grand jury presents a true bill to the judge, the defendant is charged. If grand jury present a No True Bill the prosecutor can still file charges but usually doesn't.

ETA: OK, Kentucky Rule 5.22(4) permits the case to be resubmitted to another grand jury if first grand jury issues a No True Bill.

 

[rigs32]

A grand jury (in most states) votes on charges presented by the prosecutor after hearing testimony from witnesses and/or reviewing admissible documents

 

[rigs32]

If grand jury present a No True Bill the prosecutor can still file charges but usually doesn't.

Really? In most states, a no bill means the charges are dead, gone. To file again would be double jeopardy.

 

[Praying Colonel]

Really? In most states, a no bill means the charges are dead, gone. To file again would be double jeopardy.

Kentucky has a Rule of Criminal Procedure (above) which permits a case to be submitted to another grand jury if the original grand jury fails to indict. I don't practice criminal law but I believe double jeopardy would not attach at the grand jury stage and I'm sure the issue would have been litigated already.

 

[china mom]

Really? In most states, a no bill means the charges are dead, gone. To file again would be double jeopardy.

Charges can be filed more than once but you cannot be tried more than once. There are many times that charges are dismissed and refiled due to a flaw in the charging document.

 

[JimMIA]

Officer Hankison indicted by Grand Jury for three counts of Wanton Endangerment, First Degree, apparently for shooting through Taylor's apartment into a neighboring apartment. There were two adults and a child in that apartment, therefore three counts. Recommended bond is $15,000 per count = $45,000.

No other officers charged by the Grand Jury.

 

[Praying Colonel]

Officer Hankinson indicted by Grand Jury for three counts of Wanton Endangerment, First Degree, apparently for shooting into three neighboring apartments -- not Breona Taylor's apartment. Recommended bond is $15,000 per count = $45,000.

No other officers charged by the Grand Jury.

Here we go....

 

[FlightlessDuck]

Yikes.

 

[Planogirl]

Tonight might be interesting. Sigh....

 

[MonkAdrianMonk]

Oh, boy.

 

[JimMIA]

CNN posted one inaccurate note in their "live coverage" blog saying Hankison was the officer who killed Breonna Taylor.

The Grand Jury did not say that in their minimal report of indictments, and I don't think we really know whose bullet(s) struck Ms. Taylor. I assume that information will be contained in the full report, but it was not in the short televised announcement.

Hankison was indicted for shooting into three neighbors apartments -- NOT Breonna Taylor's apartment.

 

[sam_gordon]

From the AG: Police DID announce themselves and knock. It was NOT executed as a "no knock" warrant. When no one answered, they broke the door down and entered the apartment. The first officer in the apartment saw a man and woman at the end of a hallway. The man shot at police and police fired back. The fatal shot (to Taylor) would have resulted in her death in no more than 2 minutes, and possibly even seconds.