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Grand Jury Indicts 1 of 3 Officers in Breonna Taylor Killing; Kentucky A.G. Daniel Cameron Holds Press Conference on Breonna Taylor Killing. Aired 1:30-2p ET

Aired September 23, 2020 - 13:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[13:30:00]

BRIANNA KEILAR, CNN HOST: And also how that -- how that warrant was executed, and whether officers really did what they were supposed to do when they were executing it and did they tell the truth about it and did they follow proper protocol.

I think certainly anyone looking at what Detective Hankison did would have serious questions about someone firing indiscriminately in a way it went into, it appears, multiple apartments, is what it appears by the charges.

Correct me if you think I'm wrong, Laura.

But there are a number of other charges that, especially the people there around Shimon, are going to say this isn't really accountability in this system.

LAURA COATES, CNN LEGAL ANALYST: That's true. You have the idea -- first of all, we knew pretty early on by the description by the chief as to why this officer was fired, that he could have harmed an apartment building, an apartment unit neighboring that had, I believe, three occupants.

You may actually be seeing, without having it in front of me, the initials correspond with a neighboring apartment where the officers criminal entered -- I mean, criminally fired and --

(CROSSTALK)

KEILAR: So one apartment?

COATES: in that direction

(CROSSTALK)

KEILAR: So one apartment and three people is what you're saying?

COATES: Three occupants?

(CROSSTALK) COATES: That's my belief from the police chief's earlier letter that he wrote over the summer when he fired the officer who has now been charged, so.

But this does not answer or resolve the question or the explanation of wanton disregard for human life.

It begs the question, well, if it was wanton disregard for human life to indiscriminately shoot through and into an apartment occupied by Breonna Taylor and Kenneth Walker, that led to bullets being fired into a neighboring apartment, then why wasn't it enough to actually charge the behavior when there actually was an actual victim of a homicide in that room.

People will wonder that question. And they'll have to provide information as to why.

But I suspect part of the issue, which has always been an issue in this case, one in which has been the subject of a great deal of commentary from the police officers and others who debated this issue, about what was the responsibility and role of the police officers?

And what was their reaction, given that there was a gunshot fired in their direction from the boyfriend of Breonna Taylor, who believed he was being harmed or at risk of being harmed, along with Breonna Taylor. He didn't understand who was coming into the apartment.

The officers say they announced themselves, even though it was a no- knock warrant. Neighbors are saying they never heard the officers announce themselves. A battering ram was used to enter into the apartment building.

So there's still questions surrounding the use of force against these two individuals.

Particularly given, Breonna, learning more information about the person who was actually the suspect and the subject of the overarching warrants represented to narcotics activity.

His whereabouts were already known by police officers at the time they executed the warrant. It was already known and possibly even in custody.

So this is still looming large over the community asking for not just a sliver of accountability but full accountability.

And I would be remiss to not mention this. As you know, last week, there was one of the highest levels of settlements, not highest, but a $12 million direct settlement that entered into between the family of Breonna Taylor and in the wrongful death action against Louisville.

That was but a part of a cry for justice. As you well know, money does not replace a human being's life.

And a part of that, a part of that settlement included corrective reforms, including the termination of these no-knock warrants, including having possibly a paramedic outside to be able to tend to somebody who may have been a victim of violence inside.

None of that was afforded to Ms. Breonna Taylor in her home nor, of course, to the boyfriend.

KEILAR: That's right. It wasn't.

But you have to wonder, could that paramedic have made the difference? Could body camera footage have made the difference?

COATES: Yes.

KEILAR: Could that no-knock warrant, of a different type, not prone to confusion, have made the difference?

I want to go back to, Shimon, there in Louisville.

Shimon, I know this is very difficult and this is not the degree of accountability that many people there are hoping for.

SHIMON PROKUPECZ, CNN CRIME & JUSTICE CORRESPONDENT: Yes. There was a woman here, she was very upset, Brianna. She's crying. And she just got too upset and said she couldn't do it. She kept saying they got away with it.

And a lot of people feel, as I said, the charges did not go far enough and are upset. People have been crying here.

This is exactly what I think the police and the government officials here were concerned about this grand jury decision, whether or not it was going to go far enough to appease many of the people who have been out here for weeks.

And also her family. Right? Let's remember Breonna Taylor's family in all of this. They wanted more. It would seem, right now, they did not get what they wanted.

And certainly, people here. People are out here. There's a woman in the distance here, very upset. And that's been -- the reaction here from a lot of the people just very upset. We've seen, as I said, people crying.

[13:35:10]

And so we will see what the rest of the day here and obviously the night brings. But you can hear some of the chants now.

Many of these people, Brianna, have been here for weeks. This park, Jefferson Square Park, has been set up as a vigil. Police allowed them to remain here.

And they've been here waiting for this day, waiting to hear what charges, if any, were going to be brought.

And as you can see they're now gathered around. And many of the people just very unhappy with the grand jury, with that count, that felony count, the lowest felony, I should add, of the wanton endangerment. KEILAR: And, yes, Shimon, let's -- let's -- as we watch this scene there in Jefferson Square Park, let's just recount for viewers what has happened here in this police-involved killing of Breonna Taylor back in March.

We've now learned that only one of the three officers who fired shots have been charged.

One of the reasons that you are seeing folks here in this park, who have been calling for accountability in the form of serious charges against all three of these officers, they are distressed that it is just one.

And what we've learned about the charge against that officer is that it is not manslaughter. All right? This is wanton endangerment in the first degree. It is a felony. But this is not anything that would bring a life sentence.

And that is not enough accountability when you see some of the protesters here in Jefferson Square Park, Shimon.

I want to bring in Jason Carroll.

One of the things we're hoping to hear, Jason, is from the Kentucky attorney general.

Look, this is a complicated case. I would really encourage people to read up on this.

There's no bodycam footage of it. Right? We don't have video of it, which I think, for some people, makes it maybe difficult to understand.

But there's a lot of information about what happened that night that raises questions about, why were the police even there. Was this no- knock warrant the right way to approach it?

Of these officers who fired their weapons, which bullets struck Breonna Taylor? Right? Who killed Breonna Taylor? Who is physically responsible for doing that?

There's ballistics information. There's -- should be a lot of information from which the Kentucky attorney general is going to be able to pull from, and try to explain why we are seeing these charges, Jason?

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Right. And still a lot of outstanding questions here. And the attorney general's going to be laying out his case just a few moments from now.

But we already know the foundation of what has happened here. Basically, wanton endangerment in the first degree.

And according to Kentucky state law, that happens when a person has wantonly engaged in conduct which creates a substantial danger or death or serious physical injury. Again, this is a low-level felony, punishable by up to five years.

This is not what Breonna Taylor's family wanted to see. Not what her mother wanted to see.

I've spoken to her on a few occasions. And at one point asked, did she have faith in the system. She said that she has seen the system fail so many times, she didn't really have faith that the system was going to rule in her favor this time.

And even before this happened, Brianna, there was a lot of talk about this particular officer, Officer Hankinson, who, as you know, was fired by the Louisville Metro Police Department for wantonly and blindly firing his weapon 10 times.

And there was a lot of talk among those who support Breonna Taylor and her family that perhaps this officer would be the, quote, "fall guy."

And then the reason they say that is because it's the family's position that all three of the officers that day were reckless. That all three of them should be held accountable.

And, at the very least, that these officers should have faced second- degree manslaughter charges. That is not what we're seeing.

And, again, we're going to hear from the attorney general, get an opportunity to hear about the case, lay out some of the specifics in terms of how they reached that decision.

A lot of concern about what's going to happen going forward, protests of that nature. Obviously, the Taylor family called for peaceful protests.

We've seen people out there at the park, day in and day out, protest for some more than 100 days. Some, not all of those protests peaceful. But, again, the family hoping for peaceful protests.

The city of Louisville basically is at a point where they have boarded up buildings in downtown.

Also, the mayor, at this point, has called for a curfew, starting at 9:00 p.m. tonight in anticipation of those who want to come out and protest. From 9:00 p.m. until 6:00 a.m. National Guard also activated as a precaution as well.

[13:40:19]

So a lot of moving parts going on here. But one point is clear at this point, Taylor's family definitely disappointed with the outcome of the grand jury -- Brianna?

KEILAR: I think it's so hard for people to understand some of this, Jason, because, here you have Breonna Taylor, a young woman who was, at the time of her death, a medical technician and she was pulling overnight shifts, right, at the beginning of COVID.

And she was -- that was what her life was. And for it to end the way it did, amid so many questions about how this was conducted.

I want to bring in Charles -

(CROSSTALK)

KEILAR: Yes, sorry. Please, go on, Jason. No, please, go on.

CARROLL: Just to add to that, 26 years old, and beloved by her family and those who knew her.

And you know, this is why it is so very difficult for so many people to understand, who support the Taylor family, as to why the officers showed up in the way they did.

Why serving that no-knock warrant in the way that they did? Using a battering ram to break down her door.

Again, officers have said they announced themselves that day, that night on March 13th.

That is the story that has been something that the Taylor family does not support. They say that Walker, her boyfriend at the time, did not hear the officers announce themselves. So a lot of questions.

But, end of the day, an innocent woman, a 26-year-old woman, is dead. And her family is dealing with that. Her mother has been struggling to deal with that.

Her mother told me, Brianna, that she hasn't really had the time to grieve because, immediately after her daughter's death, it took on a life of its own. And so it's become sort of part of this political movement.

So a lot -- again, as I say, a lot of moving parts. But we want to wait to hear from the attorney general to hear exactly what he has to say in terms of laying out the case.

KEILAR: That's right. Walker said he just heard banging. He was actually concerned that it was Breonna Taylor's ex-boyfriend who was coming to make some sort of trouble. And he was worried for his defense and the defense of Breonna Taylor.

The police have said that, even though it was a no-knock warrant, they were knocking. They were announcing. I think I've heard -- we've heard from a neighbor who said they heard police announce once. That's the most that we heard.

But to hear from Walker, he said, no, he just heard banging on the door and he was very concerned. He didn't know it was the police.

I want to go to Shimon.

Shimon, you're there in Louisville. What are you seeing?

PROKUPECZ: Yes. So now people are marching. You can hear behind me. We're now marching through downtown Louisville. We left that area of the park that I was at before.

And we're waiting for the attorney general to have his press conference so he could explain himself and how he proceeded with this case, why he chose the route he chose.

Of course, that ballistic evidence, we need to hear more about that. We'll see if he gets into that.

But the point and the -- the most important point, I think, is that the people here are not happy with this decision by the attorney general, with this decision by the grand jury, which did not go far enough.

And so now, as you can see, several hundred people have left the area that we were in and we are now marching through downtown Louisville.

And I can tell you, there's no police around. I think the police sort of have said that they were going to allow protesters to come to this area to peacefully protest, to walk the streets, to march, and we're seeing that here.

Right now, there's no police presence around here. We'll see as the day goes on and as we get into the night and what happens.

There's a curfew here, as Jason was saying.

But the point is, this is going to be the opportunity, this is where we're going to hear a lot of these people voice their opinion of this. Many have already. And we will see.

Very key here is going to be how the attorney general explains himself in what should be a press conference happening momentarily -- Brianna?

KEILAR: Yes, that is -- Shimon, thank you so much for pointing that out.

That's what we're awaiting that right now because we've learned that a grand jury has -- has been -- we've learned that Brett Hankison, the former police officer, has been indicted by a grand jury on three counts of wanton endangerment in the first degree.

But we're waiting for really the reasoning behind it.

We're waiting for the attorney general in Kentucky to kind of show his work and explain what evidence didn't yield further charges that the people you see protesting there in Jefferson Square Park and walking around where Shimon is, why they think that this is not enough.

[13:45:16]

I want to brink in Charles Ramsey. He's our CNN law enforcement analyst. He's a former Philadelphia police commissioner.

Just to remind people what we're looking at here, just one of the three officers who fired shots in the death of Breonna Taylor by police in Louisville has been charged. And these are three charges of wanton endangerment in the first

degree. These have to do with apartments occupied, at least it appears, by initials given from what was announced from the grand jury, apartments occupied not by Breonna Taylor.

What is your reaction to this, Charles?

CHARLES RAMSEY, CNN LAW ENFORCEMENT ANALYST: Well, I'm not surprised. I mean, I always thought this was going to be a difficult case once it went beyond the one officer that was firing blindly.

I mean, clearly, not only was he violating policy and training, he would be probably prosecuted criminally. The other two officers, I didn't believe would ever be charged.

I think one thing that's being not mentioned here that is very important, and that is that as the warrant was being executed, the sergeant was shot by Mr. Walker.

KEILAR: Correct.

RAMSEY: An officer was shot, they returned fire.

I think we also have to remember, these things go down in a matter of seconds. I mean, you don't know who's who. You don't know any of that at the time. You just know you're being fired upon.

I worked narcotics and I've executed hundreds of search warrants. I understand how dangerous it is when you're executing a search warrant.

And charges are filed based on evidence, not to appease people.

So it will be interesting to hear what the attorney general says in the press conference.

I don't know all the evidence they have, but one thing I would really want to know more about is the actual complaint for the search warrant, the information that was contained in that application for a search warrant that led them to that location to begin with.

What was it about that location? What was it about Ms. Taylor that led them to believe she would either have drugs, cash, or other information at the time of the execution of the search warrant?

Was it a confidential informant? Was it just based on investigative work? What led them to believe there would be evidence present on the scene once they executed the search warrant?

I mean, that really has to be --

(CROSSTALK)

KEILAR: Charles, Charles, let's listen in. Let's listen to the attorney general.

DANIEL CAMERON, KENTUCKY ATTORNEY GENERAL: I know that many in Louisville and across the commonwealth and the country have been anxiously awaiting the completion of our investigation into the death of Ms. Breonna Taylor.

Prior to this announcement, I spoke with Ms. Palmer, Breonna Taylor's mother, to share with her the results from the grand jury.

Many of you in this room know that I had the opportunity last month to meet in person with her, and other members of Ms. Taylor's family, including Ms. Bianca Austin and Ms. Junia (ph) Palmer.

I want to once again publicly express my condolences.

Every day, this family wakes up to the realization that someone they loved is no longer with them. There's nothing I can offer today to take away the grief and heartache that this family is experiencing as a result of losing a child, a niece, a sister, and a friend.

What I can provide today are the facts, which my office has worked long and hard to uncover, analyze and scrutinize since accepting this case in mid-May.

I urge everyone listening today to not lose sight of the fact that a life has been lost. A tragedy under any circumstances.

The decision before my office, as the special prosecutor in this case, was not to decide that the loss of Ms. Taylor's life was a tragedy. The answer to that question is unequivocally yes.

There's no doubt that this is a gut-wrenching, emotional case. And the pain that many people are feeling is understandable.

I deeply care about the value and sanctity of human life. It deserves protection. And in this case, a human life was lost. We cannot forget that.

My job, as the special prosecutor in this case, was to put emotions aside and investigate the facts to determine if criminal violations of state law resulted in the loss of Ms. Taylor's life.

[13:50:09]

This included examining the actions of Sergeant Jonathan Mattingly, Detective Brett Hankison and Detective Myles Cosgrove, the three officers who fired their weapons in the early morning hours of March 13th.

In working with our federal partners on this case, it was determined that while we would share information to advance our respective investigations, we must also maintain some level of separation to ensure the integrity of each investigation.

When examining issues regarding potential civil rights violations, we determined that any such violations are better addressed through a federal-led investigation. And issues concerning potential criminal acts concerning the shooting are better addressed by a state-led investigation. With this in mind, our investigation focused on the events that took

place in Ms. Taylor's apartment on March 13th.

In the months since taking this case, a dedicated team of prosecutors and investigators with more than 200 years of combined career experience conducted a thorough investigation to better understand the events that led to Ms. Taylor's death.

The team is here with me today. I want to personally and publicly thank them for their tireless work.

These men and women are true public servants who, for months, have shown up every day with a desire for one thing and that is to seek the truth.

We decided, while we would examine materials examined by LMPD's Public Integrity Unit, we would need to conduct our own independent investigation and start from scratch in the interest of thoroughness, fairness and finding the truth.

There was no video of body camera footage of the officers that attempted execution of a search warrant at Ms. Taylor's residence. Video footage begins at the point that area patrol officers arrive at the location.

Therefore, the sequence of events from March 13th had to be pieced together through ballistics evidence, 911 calls, police radio traffic, and interviews.

We utilized information from the Kentucky State Police, local medical examiners, as well as working with the FBI crime lab in Quantico to secure a trajectory analysis and ballistics report.

Our team conducted interviews in this case and spent thousands of hours examining all of the available evidence.

We concluded our last interview in this case this past Friday and began our grand jury presentation on Monday.

As long as the case is making its way through our legal system, I can only speak in general terms about our independent investigation and findings.

As a prosecutor, I am prohibited by the Kentucky rules of professional conduct from making public comments that can in any way prejudice this case as it moves forward.

Each state has different rules about what prosecutors can and cannot say. The Kentucky rules are clear, that I'm prohibited from making comments that could sway public opinion or heighten public condemnation of those involved in the case.

These are crucial rules to ensure due process under the Constitution.

When prosecutors prematurely release information about the case to the public, you can risk justice by poisoning the jury pool, violating the accused's rights to a fair trial, and even jeopardizing the final verdict.

The success of our legal system is predicated on the principal that the accused is innocent until proven guilty.

Despite passions, opinions, and desire for every detail to be known, the rule of law must be applied. Justice must be done.

In the early morning hours of March 13th, officers from LMPD executed a search warrant at 3003 Springfield Drive, apartment four. This was Ms. Breonna Taylor's residence.

The officers were advised by superiors to knock and announce their presence in servicing this specific search warrant. The scope of our investigation did not include the obtainment of that warrant by LMPD's Criminal Interdiction Division.

Federal law enforcement partners are conducting that investigation.

[13:55:00]

Sergeant Mattingly and Detectives Cosgrove and Hankison had no known involvement in the preceding investigation or obtainment of the search warrant.

They were called into duty as extra personnel to effectuate the service of the search warrant. They only had information conveyed to them during their prior briefing.

Evidence shows that officers both knocked and announced their presence at the apartment. The officer's statements about their announcement are corroborated by an independent witness who was near in proximity to apartment four.

In other words, the warrant was not served as a no-knock warrant.

When officers were unable to get anyone to answer or open the door to apartment four, the decision was made to breach the door. After breaching the door, Sergeant Mattingly was the first and only officer to enter the residence.

Sergeant Mattingly identified two individuals standing beside one another at the end of the hall, a male and a female.

In his statement, he says that the male was holding a gun, arms extended in a shooting stance. Sergeant Mattingly saw the man's gun fire, heard a boom, and immediately knew he was shot as a result of feeling heat in his upper thigh.

Kenneth Walker fired the shot that hit Sergeant Mattingly. And there is no evidence to support that Sergeant Mattingly was hit by friendly fire from other officers.

Mr. Walker admitted that he fired one shot and was the first to shoot.

In addition to all of the testimony, the ballistics report shows the round was fired from a .09-millimeter handgun. The LMPD officers fired .40 caliber handguns.

Sergeant Mattingly returned fire down the hallway. Mattingly fired six shots. Almost simultaneously, Detective Cosgrove, also in the doorway, shot 16 times. This all took place in a matter of seconds.

In total, six bullets struck Ms. Taylor. Medical evidence obtained by our team indicates that only one shot was fatal.

Further medical evidence shows that Ms. Taylor would have died from a fatal shot within a few seconds to two minutes after being struck.

Detective Hankison fired his weapon 10 times, including from an outside sliding glass door and through a bedroom window.

Some bullets travelled through apartment four and into apartment three before some exited that apartment.

At the time, three residents in apartment three were at home, including a male, a pregnant female and a child.

There's no conclusive evidence that any bullets fired from Detective Hankison's weapon struck Ms. Taylor.

The KSP ballistics analysis did not identify which of the three officers fired the fatal shot.

After receiving that information, I asked the FBI crime lab to conduct its own analysis to see if they reach the same results. The FBI ballistics analysis concluded the fatal shot was fired by Detective Cosgrove.

Our office looked at both reports to determine if there were major differences in the procedures used by each lab that would have led the FBI to identify who fired the fatal shot.

Both law enforcement agencies used similar equipment and analysis, and each lab is highly respected for their work.

There was nothing our investigators could point to, nor anything provided by the respective agencies that directly explains why one lab made the call while the other did not.

I think it's worth repeating again that our investigation found that Mattingly and Cosgrove were justified in their use of force after having been fired upon by Kenneth Walker.

Secondary to this justification, the KSP and FBI ballistics analysis reached different conclusions, creating a reasonable doubt in the evidence about who fired the fatal shot.

I certainly understand the public's desire for answers. And many have questioned the length of the investigation.

Simply put, we had to try every means necessary to determine who fired the fatal shot before the investigation could be completed.

[14:00:03]