LOUISVILLE, Ky. — Wednesday morning, Roger Burdette's lawyers filed a request asking the court acquit Burdette of all guilty convictions or give him a new trial due to court mishandlings.
On Nov. 3, a jury found Burdette guilty of murder in the 2018 death of LMPD Detective Deidre Mengedoht, recommending a consecutive 27-year sentence.
He was also convicted of four counts of wanton endangerment, operating a vehicle while under the influence of drugs or alcohol, and failure to give right of way to a stopped emergency vehicle.
Burdette's lawyers now argue that the judge allowed evidence to be presented by state attorneys that was either irrelevant or not given to the defense prior to the trial's start.
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Here's what the defense claims as errors by the court and the reason for an acquittal or new trial:
- Allowing cell phone evidence regarding past drug purchases prior to Dec. 24, 2018, that paint Burdette as a "drug seeker."
- Allowing Burdette's pornographic searches from earlier in the day of the accident.
- Allowing the introduction of additional phone reports not provided to the defense.
- The court's improper instruction to the jury on "driving under the influence," which did not fairly reflect the law.
- Allowing the Commonwealth to present testimony regarding Commercial Driver's License requirements and then prohibiting arguments regarding those requirements.
- Allowing LMDC Nurse David McCarthy to testify regarding statements allegedly made by Burdette.
- Advising the jury that it could only interpret Burdette's statements to police on the scene of the accident one particular way.
- Allowing one of the state's witnesses to express their opinion freely without advising the jury or instructing the witness to limit testimony.
- Denying the defense's motion for a mistrial following the close of proof.
- Overall lack of sufficient evidence.
After his conviction, Burdette was released on bond and will be under the same conditions he was previously under prior to the trial. He is scheduled to be sentenced Dec. 17.
Here is the full report:
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