LOUISVILLE, Ky. — The Kentucky Attorney General's Office won't require Louisville public agencies to release Breonna Taylor's autopsy report, police radio recordings in connection with her death or Kenneth Walker's investigative file.
The agency, which is conducting its own investigation into Taylor's March 13 death, released a series of open records rulings this week, finding that Louisville Metro Police, Louisville Metro Emergency Services and the Jefferson County Coroner's Office were justified in rejecting The Courier Journal's requests because of pending investigations.
In reaching those conclusions, the attorney general's office pointed to letters from the FBI's Louisville field office and an assistant deputy attorney general that said releasing the records would adversely impact the ongoing investigations and any potential prosecutions that may result from them.
When the investigations conclude, the office writes, the requested records would be subject to disclosure, barring another applicable exemption.
Attorney Michael Abate, who represents The Courier Journal, disagreed with the ruling and said the public has a right to know the basic, underlying facts of the case so it can have confidence, ultimately, that the investigation is fair.
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"More secrecy does not build confidence in the process," Abate said. "It engenders the opposite."
Pointing to an ongoing lawsuit seeking the full Public Integrity Unit case that was turned over by LMPD to outside agencies in May, Abate said the court will ultimately decide what sees the light of day.
The Courier Journal received open records request denials from several public agencies while seeking records related to Taylor's March 13 death, and appealed denials in May to the attorney general's office.
They include:
- Taylor's autopsy report
- Dispatch logs and radio transmissions in connection with the execution of search warrants at Taylor's home and around the same time on Elliott Avenue
- Administrative incident reports completed by LMPD
- Body camera footage related to the Elliott Avenue search warrant and subsequent arrest of Jamarcus Glover
- The full investigative file relating to dismissed charges against Kenneth Walker.
A denial for 911 calls related to Taylor's apartment was also appealed, but they were subsequently released by Mayor Greg Fischer's office, shortly after The Courier Journal published a story about Walker's call reporting his girlfriend being shot.
In appealing for the records, The Courier Journal argued the public is entitled to see the records and that the public agencies had failed in their duties under the law.
Abate argued at the time that public records law recognizes police intelligence and investigative reports can be temporarily withheld during an ongoing investigation, but there is no exception for releasing factual information being considered in the investigation.
Assistant Attorneys General James Herrick and Michelle Harrison, however, ruled that the agencies had "adequately substantiated" the contention that investigations into the subject were "open or active."
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Specifically, LMPD claimed:
- The requested incident reports pertain to the potential prosecution of the officers involved
- Body camera footage from Elliott Avenue is relevant to Glover's pending prosecution and the ongoing FBI investigation
- The radio dispatch would be evidence in prospective law enforcement action or criminal prosecution
- Walker's file could be used in other "prospective law enforcement actions."
LMPD conducted a Public Integrity Unit investigation and turned over to outside agencies its case file on the officers involved in Breonna Taylor's shooting — Sgt. Jonathan Mattingly, Detective Brett Hankison and Detective Myles Cosgrove.
The attorney general's office and FBI have said they're doing independent investigations. Attorney General Daniel Cameron is expected to determine whether the officers should face state criminal charges, while the U.S. Department of Justice will weigh federal charges.
The attorney general's office's rulings relied heavily on the letters from the FBI and attorney general's office, both of which were created after The Courier Journal received denials from public agencies and filed appeals.
"It's not surprising that the attorney general's office refused to order LMPD to disclose (records), when a different branch of the attorney general's office is taking affirmative steps to refuse to allow records to become public under the normal operation of the open records law," Abate said.
The reluctance from Louisville agencies, particularly LMPD, to release public records in connection with Taylor's death has been the subject of scrutiny in the wake of national outcry and attention.
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Louisville Metro Council is considering a resolution calling on Louisville Metro Police to expedite its internal investigations of police conduct and urging it to "promptly" release records related to an investigation.
Metro Government, the resolution reads, should be "as transparent as possible, and act as quickly as possible," both to provide greater understanding on uncertain situations and to bring investigations to a close.
In a Public Safety Committee hearing on Wednesday, Louisville Metro Council President David James, a sponsor of the resolution, specifically pointed to body camera footage, dispatch logs and radio transmissions as things that are "normally available, any day of the week, 365 days a year."
Autopsy reports, too, he said, should be released when they are completed.
"The police department should not be able to request the coroner keep that autopsy report a secret because the police having an investigation pending has nothing to do with the coroner having an investigation pending," James said.
"Once the coroner finishes their autopsy report and finishes their case, then it should be open to the public to see."
A judge ruled Wednesday that the city must release radio transmissions in response to a subpoena from attorneys who filed a civil suit on behalf of Taylor's family. But evidence in the lawsuit is under a protective order, so the transmissions will not be made public.
Darcy Costello: 502-582-4834; dcostello@courier-journal.com; Twitter: @dctello. Support strong local journalism by subscribing today: https://ift.tt/2BY3VIE.
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