To understand the title of this post please also read Part 2 of this article.
On the final day of trial testimony, Defense Attorney Stew Mathews asked Judge Jennings to mention in her final instructions to the jury, that a rifle casing was found outside the apartment. She did so.
This is one of many spent casings marked by police following the shooting. More on these in the post following Part 2 of this article.
There were several ‘next steps’ before the beginning of jury deliberations. Brett would be cross examined by Prosecutor Songer, described by Mathews as lasting a ‘great long period of time’ which was an understatement. A brief ‘Redirect Examination’ by Mathews followed. The ‘Redirect’ is an opportunity to ask questions relating to testimony during the cross examination.
A ‘Recross Examination’ by Songer was next, and then Judge Jennings addressed the jury to explain the Counts and to remind the jurors of their duty. Songer then gave his closing argument, Mathews delivered his, and Songer presented his Rebuttal. The plaintiff gets the last word.
Brett’s excellent attorneys, Mathews, Jack Byrd and Ibrahim Farag, faced a coiled and ready-to-strike prosecution. In his closing argument, Mathews’ calm and even delivery told the jurors they were not under threat. He addressed them as intelligent equals.
A trial is an orderly process enforced by many rules, yet facts and lies intermingle, and the jury must somehow sort through the mixture.
Certain statements are repeated a lot, such as the claim that Kenneth Walker never heard the police knock and announce. This was intended to convince jurors that he was telling the truth when he said he had ‘no idea’ the police were at the door. That statement was so important that it later served as the main reason why the LMPD case against him was dismissed with prejudice. (No possibility of a retrial)
Was it true? Asked and answered. The AAA rejoinder or objection in a federal criminal trial means: Stop asking because the witness has already answered your question.
Answered
More than one person who lived in Breonna’s apartment building, or was visiting during the incident, stated they heard the police at Breonna’s door.
#1 A woman in an upstairs apartment told an investigator: ‘…My kids were like, “Momma you didn’t hear that?” And I was like, “Hear what?” And they was like, “Well you could obviously tell the police down there because was - you know, they was beaten’ on the door.” They said “they were beaten’ on the door like they were police.”
Her children were 18 and 19. They heard the knocks but not the ‘announce.’
Seven officers who have taken an oath to protect us and uphold our rights stated they knocked and ANNOUNCED. Do you believe their testimonies?
Officer Nobles, when examined by Defense Attorney Jack Byrd, explained that he —the officer with the ram— and Sgt. Mattingly were first at the door. On the stand, he stated:
We scream “Police” while knocking.
Sarpee (see previous post) came out and began arguing with Brett and the officer in charge of the operation, Lt. Hoover.
Nobles added that when he first knocked and announced, he heard somebody yell, ‘Who is it’. Byrd asked him if he responded. Nobles stated that he did: Police, search warrant. Open the door….
When the argument between the gentleman upstairs, Lieutenant Hoover and -- and Detective Hankison was over, I think Sergeant Mattingly looked at Lieutenant Hoover and asked for the go ahead. Lieutenant Hoover said, “Go ahead, do it.” I told Jon, I said, “Somebody's right there.” I said, “I just heard them.” So we knocked again, knocked and announced again. There was no answer, and that’s when I proceeded to hit the door.
The officers said it was the longest ‘knock and announce’ in which they had ever participated.
#2 LMPD lead investigator Sgt. Amanda Seelye asked Sarpee during her interview with him, “What were they saying when they were knocking on the door?” Sarpee answered, “Oh, ‘This is the cops.’”
He said he heard them before he came outside and conversed with Hankison and Hoover. However, in his testimony during Mathews’ examination (as well as in Brett’s state trial), he denied that he heard them though he did state that he heard a machine gun.
During cross examination Mathews prompted Kenneth to recall what he said to police following the incident, which indicated he thought it might be the police. Perhaps the jurors remembered this exchange in their deliberations, creating reasonable doubt.
As well, a police officer stated during the subsequent investigation that Walker’s mother said Kenneth told her on the phone that the police were at the door. Walker called his mom after the shooting and before he exited the apartment after about 10 minutes.
Nevertheless, taking Walker at his word was the rule, and to my knowledge he was never asked to take a lie detector test.