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Will Brett Hankison see a guilty verdict? Law expert: It 'depends on a number of factors'

UofL law professor Sam Marcosson believes the prosecution is in a better position than they were during the state trial when Hankison was acquitted.

LOUISVILLE, Ky. — As jury prepares to deliberate next week, many are wondering, where will Brett Hankison's fate stand? 

The former Louisville Metro Police detective is charged for violating the civil rights of Breonna Taylor, her boyfriend, and her next-door neighbors.

RECAP: Here's what happened during second week of Hankison's trial

University of Louisville law professor Sam Marcosson said the 16-person jury’s verdict will depend on a number of factors.

Marcosson said typically, it's hard to convict police officers in federal court. 

However, he believes the prosecution is in a better position than they were during the state trial when Hankison was acquitted, mainly because the jury has seen a break in the "blue wall of silence."

"In this trial you have seen a number of officers testify about Hankison's shooting, about his not following procedures and training. And that's been a remarkable and certainly noteworthy development in the case," he said. 

Marcosson also said several testimonies didn't go the way the defense had planned. This Includes witnesses like Aaron Sapee saying he didn't hear officers introduce themselves at Breonna Taylor's door, and former LMPD sergeant John Mattingly saying he saw Taylor's boyfriend holding a handgun, not a rifle, despite the defense saying otherwise. 

As for Hankison admitting to not thinking about police protocols at the time of the shooting, Marcosson said both sides can use it to their advantage "to sort of get the jury to see the point their trying to make."

Ultimately, Marcosson says the decision could be impacted by the jury's beliefs or make up. The jury is made up of ten men, six women and all but one are white. 

"We hope of course, they will do what they have sworn they would do, which is to apply the law as the judge explains it to them and they will consider only the facts," he said. 

If found guilty, Marcosson said that doesn't mean Hankison will receive the maximum sentence, which is life in prison. He said the judge will likely be reasonable while sending a message that police aren't above the law.

The federal courthouse is closed to observe Veterans Day. 

Hankison is set to finish his testimony on Monday, followed by closing arguments.

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