Retrial: Not a hill for a climber
USA v. Brett Hankison Mistrial, Post 4- Expressions of hope
Brett Hankison will be retried in federal court— case not dismissed!
Having been exonerated in a circuit court and not found guilty in a federal court, will one more trial be the charm for the Department of Justice?
An old Western movie, Shane, comes to mind. Shane was a quiet man who drifted into a community that was threatened by a band of lawless men. The women did not want their men to kill or to be killed. In the Wild West, many places had no sheriff nor judge, no law and order.
Some men wanted to stand up to the thugs, others wanted to abandon their ‘claim’. Only Shane, the ‘top gun’ who worked for the settlers, could deal with the matter. He killed the ones who had burned down homes and barns and had murdered innocent men.
Then, Shane left the community. He knew he would not be viewed as a moral person. Events had outpaced any acceptable course of action. There was no time to think clearly or wait for help or any other solution.
Similarly, in the ‘botched raid’, two officers, Cosgrove and Hankison, were fired for their swift action to incapacitate the threat. So many factors led up to their reactions that it seems impossible to clearly adjudicate the matter.
A goal of this blog series is to present some of the testimonies and questioning that resulted in the ‘hung’ jury. You will easily understand why there could be no agreement that Brett should be found guilty. Cosgrove became a state’s witness.
A New West?
We seem to be entering a ‘wild west’ where boundaries are vanishing between police departments with procedures to examine and sentence their own people— and federal authoritarians. The public is confused; the latter group has the resources to make repeated attempts to ‘get things right’. In a criminal trial, all 12 jurors must be in agreement for a verdict. How is this possible in the current environment?
I was not privy to the discussion during the case ‘status hearing’ on December 13. The media reported that Judge Rebecca Jennings set a new trial date for October 2024 after federal prosecutor Michael Songer said the government would like to retry the case. The government—‘We the people’? Not me.
The disappointing news brought to mind some comforting expressions.
‘See you at the pole.’ That is the name of an annual event held by Christian students when they gather at their school’s flagpole to pray for the school year and other needs. The flag represents Americans’ constitutional rights, assuring justice, freedom and security.
’See you’— in Judge Jennings’ courtroom next October! Despite the confusing testimonies heard by jurors in the previous trial, she pursued a fair and supportive environment where they could feel comfortable to vote their conscience, continually reminding them of the rules for jurors.I have not yet begun to fight. In the American Revolutionary War, this was spoken by Navy Captain John Paul Jones in response to the enemy ‘hail’ as to whether he had struck their vessel (there was some confusion). His answer showed his determined will. He defeated the superior force, a victory that reminds us to take heart when outnumbered and in a weaker vessel or fleet, however that may be defined in a contest.
Could Brett feel this way? Can he begin now to prepare for a third trial?
I believe he will. Most do not know his outstanding record of service with the Louisville Metro Police Department.
His supporters in his previous trials are high-caliber people who are familiar with his work record. He ‘had our backs’ much more than Louisvillians can imagine.
Brett stood tall on the mountaintop of police achievement, and this brings to mind a third expression, one from the Good Book:The God of the Mountain is the God of the Valley. (An application and paraphrase of 1 Ki 20:28)
Please share this post! Let’s start now to build community support for Brett.