LOUISVILLE, Ky. — Former Louisville Metro Police (LMPD) Detective Brett Hankison was back in a federal courtroom Wednesday as attorneys privately worked through a jury pool of roughly 150 people.
In past trials, Hankison and his lawyers have said he was returning fire to protect other police officers during the botched raid at Breonna Taylor's apartment in March 2020.
Wednesday marked the second day of jury selection, as attorneys worked to narrow the jury pool down to 12 people and four alternates. They will ultimately decide whether Hankison violated the civil rights of Taylor and her neighbors when he fired 10 shots through a window and a sliding glass door of her apartment.
Louisville attorney and former federal prosecutor Brian Butler isn't involved in Hankison's case, but does represent former LMPD Sgt. Kyle Meany who is also facing federal charges in Taylor's death. He told WHAS11, "It’s going to be a really uphill climb for them to get 12 people to find him guilty.”
"[The Department of Justice] did what they thought they could to win, and they didn't win," Butler said, speaking on the challenges the DOJ faces to prove Hankison violated Taylor's civil rights. "Now they already know what the defense is going to do -- they know what the defense has done both times. I think it's going to be very difficult to get a different outcome for them."
Hankison was acquitted of his wanton endangerment charges in a state trial in 2022. And last November, his first federal trial ended in a mistrial after the jury deadlocked.
When asked if this could possibly be the last attempt by the DOJ to try Hankison, Butler answered, "I would assume any rational prosecutor if they tried something three times – and were unsuccessful three times – would say, 'hey, we tried our best and it just didn’t work out.'”
Attorney Thomas Clay represents former LMPD Det. Joshua Jaynes, who is accused of falsifying the warrant that led to the raid at Taylor's apartment, explained the outcome of Hankison's trial could impact his client's own court case.
"I don't know what's going to happen if Mr. Hankison is acquitted. I don’t know if the Department of Justice will continue the prosecution of Sergeant Meany and Joshua Jaynes – or whether they will say, look we’ve had enough of this – and we’re not going to pursue any further prosecution," Clay said. "I just don’t know the answer to that question."
WHAS11 asked both attorneys Brian Butler and Thomas Clay, neither of whom are involved in this specific case, if they expect Hankison’s attorneys to change their strategy at all.
They said it's not likely since it’s worked for the defense twice already – in federal and state court – with Hankison testifying on his own behalf both times.
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