LOUISVILLE, Ky. — Jurors in the upcoming federal trial against former Louisville Metro Police (LMPD) officer Brett Hankison will not hear about his past actions with the department.
Hankison is accused of violating the rights of Breonna Taylor, her boyfriend, and her neighbors when he fired into her apartment from the outside on March 13, 2020.
This is the second time Hankison's federal charges are being tried. The first trial ended in a mistrial.
Prosecutors wanted to point to two past incidents which they said showed Hankison's "aggressive" conduct during the execution of search warrants years prior to the raid at Taylor's apartment.
Hankison argued those prior acts were "character" evidence with "no other purpose."
Judge Rebecca Grady Jennings ruled Thursday that prosecutors didn't provide enough evidence that the incidents happened, but acknowledged she could change her mind if more information was provided.
Jennings also denied the prosecution's motion to dismiss references to rifle casings found at the scene, which attorneys argued "inflamed and misled the jury."
Hankison has repeatedly said he fired his gun believing someone inside the apartment was shooting at police with an assault rifle. During the first federal trial, Hankison acknowledged his perception was a "mistake" and that "there was no AR-15 used during this incident." However, the judge says that doesn't change the testimony of other witnesses who have said they heard what sounded like an assault rifle.
"The Court is confident that the jury can consider the facts surrounding the discovery of the two rifle casings and weigh the evidence presented by the parties," she wrote. "If anything, Hankison's admission, that he was mistaken in his perception on the night of the execution of the search warrant, should lessen or eliminate concerns about the jury being misled."
During a hearing on Friday, both sides reviewed questionnaires received from potential jurors and voiced any objections.
Some potential jurors have already been excluded, while others will be brought in for more questioning.
Hankison's trial is expected to begin on Tuesday, Oct. 15.
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