But legal experts had warned that Kentucky’s vigorous self-defense laws made it unlikely that Sergeant Mattingly and Detective Cosgrove would be indicted on murder charges because Ms. Taylor’s boyfriend, Kenneth Walker, had fired first during the police raid on her apartment. He had mistaken the officers for an intruder when they breached the door.
“We have no concerns with grand jurors sharing their thoughts on our presentation because we are confident in the case we presented,” Elizabeth Kuhn, a spokeswoman for the attorney general, said in an email on Monday night, adding that her office would release the recordings of the deliberations by Wednesday.
Ms. Kuhn said no charges could be recommended for those two officers because the investigation had concluded that their use of force was justified.
“Our prosecutors presented all of the evidence, even though the evidence supported that Sergeant Mattingly and Detective Cosgrove were justified in their use of force after having been fired upon by Kenneth Walker,” she said in an email. “For that reason, the only charge recommended was wanton endangerment.”
One longtime criminal defense lawyer, Ramon McGee, said the question of which charges the attorney general presented to the panel was not problematic.
“That is an incorrect assumption on how the grand jury process works,” he said. “Prosecutors make the decision on what witnesses are called, which evidence is tendered and what charges to recommend,” he said.
But the transcripts should be released, Mr. McGee added, because how the attorney general portrayed the process in public was potentially an issue.
Source Article from https://www.nytimes.com/2020/09/28/us/breonna-taylor-grand-jury.html
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