Breonna Taylor Grand Jury Recordings Reveal Contradictions, Lack AG’s Recommendations
- Audio recordings from the grand jury hearings in the Breonna Taylor case released over the weekend revealed that the officers involved in the incident gave jumbled, contradictory, and factually incorrect statements that also sometimes went against testimonies from witnesses.
- The recordings were released after an anonymous juror demanded they be made public in a complaint accusing Kentucky Attorney General Daniel Cameron of misrepresenting the juror’s deliberations.
- The complaint alleged that Cameron never offered the jury the option to bring homicide charges against the officers, despite the fact that he told the public he “walked them through every homicide offense” and said it was the jury who made the final call not to levy charges.
- Notably, the recording to not include the recommendations Cameron gave to the jurors regarding what charges should be brought.
- Cameron claimed that was because those recommendations are often not recorded as they are not evidence, but legal experts have pushed back on that assertion, as well as other recent remarks he made concerning the role of the jury and his handling of the case.
Grand Jury Recordings Released
Recordings from the grand jury that oversaw the case of Breonna Taylor, were released Friday, revealing contradictory statements from the officers involved.
The recordings include testimony from officers Jonathan Mattingly, Myles Cosgrove, and Brett Hankison, the three police involved in shooting and killing of the 26-year-old EMT in her apartment. Kentucky Attorney General Daniel Cameron announced last month that the grand jury decided not to charge any of the three officers with Taylor’s actual death.
Mattingly and Cosgrove did not face any charges at all, while Hankison was charged with three counts of wanton endangerment. However, those charges were because of the shots he fired into the neighboring apartment and were not connected to Taylor’s death, which was not mentioned in the indictment.
The jury recordings of that decision were released at the request of a judge after an anonymous juror filed a complaint claiming that Cameron misrepresented the jury’s discussions and used them “as a shield to deflect accountability and responsibility.”
According to the filings, Cameron never offered jurors the option to bring homicide charges against the officers, despite the fact he told the public he “walked them through every homicide offense” and said it was the jury who decided to just charge Hankison.
In an interview last week, Cameron defended himself and his role in the process, arguing that the jury was an “independent body.”
“If they wanted to make an assessment about different charges, they could’ve done that,” he said. “But our recommendation was that Mattingly and Cosgrove were justified in their acts and their conduct.”
However, numerous legal experts have said it is rare, if not entirely unheard of, for a grand jury to go beyond the recommendations of a prosecutor. Unlike trial juries, where jurors hear evidence from both sides, grand juries are largely managed by prosecutors who decide what evidence to bring, what charges to suggest, and even office guidance to jurors.
One of the most notable examples in this case is the fact that Cameron ignored 11 of the 12 witnesses who told reporters they did not hear police announcing themselves. While explaining the jury’s decision, he cited the one single witness who said he did hear them announce themselves, despite the fact that witnesses twice told investigators in Cameron’s office that he did not hear police announce themselves before changing his story.
What the Recordings Show — And What They Don’t
However, the jury recordings do not include the recommendations Cameron gave to the jurors regarding what charges should be brought.
In a statement, Cameron said that the recommendations he gave the jury were not recorded because they were not evidence. But legal scholars have condemned the lack of this information, arguing it is key to understanding how Cameron handled the proceedings.
“It leaves unanswered the single most fundamental questions that have been raised: whether the grand jury had a genuine opportunity to consider more serious charges, and whether the Attorney General was being candid when he said multiple times that the grand jury agreed with him that Officers Mattingly and Cosgrove acted reasonably,” Samuel Marcosson, a law professor at the University of Louisville said in an email to the Washington Post. In that same email, he also described the decision not to reveal the recommendations as “completely unacceptable.”
“If we don’t know what the prosecutors recommended, and we don’t know what the grand jury deliberated about, we [k]now very little more now than we did yesterday,” he added.
The recordings, however, did provide some new insights into what the jury heard. Among other things, they revealed that the officer’s accounts to Louisville Metro Police Department (LMPD) investigators were sometimes jumbled, contradictory, and mistaken, and that those investigators often failed to press them on this.
For example, as USA Today reports, the recordings show that “investigators didn’t ask follow-up questions that would pinpoint what officers knew or didn’t know about who and what they were shooting at in the apartment.”
One of the most notable instances is the statement given by Cosgrove, who fired the shot that ultimately killed Taylor. In his interview, Cosgrove made conflicting statements that were not challenged by either of the sergeants questioning him. At one point he said he never heard any gunfire, but at another he said he was “deafened” by it.
Cosgrove also described seeing “vivid white flashes” and “blackness at the same time.” He said he used a high-powered flashlight to illuminate the apartment, but he also claimed that he was “immediately overwhelmed with darkness.”
He also said he saw what he described as “a distorted shadowy mask, this figurine, this figure in front of me that is just … coming and going due to the flash fog light.”
However, the interviewers did not ask him if the figure was male or female, or if he saw more than one person. They also did not ask him if the figure fired a shot — or anything about the shot fired by Walker.
Hankison’s statement also had a number of issues. He said when officers broke down the door, he saw a person inside with “an AR-15 or a long gun, a rifle-type gun.” He claimed he ran to the breezeway and described hearing “rapid fire from — from like an AR-15.”
Hankison explicitly told the interviewers that he was “100% sure” it was a long gun because he hunted, and they did not question him on that at all, despite the fact that investigators found that Walker used a hand-gun and no gun of the type he described was found in the apartment.
Perhaps most significant from his testimony is the fact that Hankison said he did not “know anything about the specifics of the investigation” other than that he needed a drug dog. He later stated he believed the warrant was given a no-knock designation “because of the propensity for violence,” but he did not know if the home had kids or pets.
Similarly, Mattingly also claimed that the officers involved in the shooting did not play a role in any part of the investigation before executing the warrant. That, however, has been called into question because an LMPD report found Mattingly had asked another local police department to check with the Postal Service and see if any packages were going to Taylor’s address for the suspect in their narcotics investigation.
Officers at that department told Mattingly that the suspect was not getting packages at her apartment, but when investigators asked him what he was told in the pre-operational briefing, he told them that the suspect had sent packages to Breonna in her name and that she was possibly holding drugs and money for him.
Other key highlights from the nearly 15 hours of recordings include the Lieutenant who gave the officers the order to open the door by force saying the officers were “ambushed” and claiming Taylor and Walker knew they were there.
The recordings also gave the public first-hand knowledge of the testimonies from neighbors who said they did not hear the officers announcing themselves, adding another layer of contradictions to the officer’s story, augmenting the narrative of how poorly the whole situation has been handled, and illustrating how contradictory so many elements have been.
In an open letter to Kentucky Gov. Andy Beshear on Sunday, Taylor’s family slammed Cameron, accused him “intentionally” not presenting homicide charges, and demanded that the governor appoint a new special prosecutor to reopen the case. Beshear has yet to make a comment on the letter, and it is unclear now if the family’s request or the newly released recordings will move the needle.
See what others are saying: (The Washington Post) (USA Today) (The New York Times)
Survey and Census Data Shows Record Number of Americans are Struggling Financially
Americans are choosing not to pursue medical treatment more and more frequently as they encounter money troubles.
A recent federal survey shows that a record number of Americans were worse off financially in 2022 than a year prior.
Coupled with recent census data showing pervasive poverty across much of the country, Americans are forced to make difficult decisions, like foregoing expensive healthcare.
According to a recent Federal Reserve Bureau survey, 35% of adults say they were worse off in 2022 than 2021, which is the highest share ever recorded since the question was raised in 2014.
Additionally, half of adults reported their budget was majorly affected by rising prices across the country, and that number is even higher among minority communities and parents living with their children.
According to recent census data, more than 10% of the counties in the U.S. are experiencing persistent poverty, meaning the area has had a poverty rate of 20% or higher between 1989 and 2019.
16 states report at least 10% of their population living in persistent poverty. But most of the suffering counties were found in the South — which accounts for over half the people living in persistent poverty, despite making up less than 40% of the population.
These financial realities have placed many Americans in the unfortunate situation of choosing between medical treatment and survival. The Federal Reserve study found that the share of Americans who skipped medical treatment because of the cost has drastically increased since 2020.
The reflection of this can be found in the overall health of households in different income brackets. 75% of households with an income of $25,000 or less report being in good health – compared to the 91% of households with $100,000 or more income.
See what others are saying: (Axios) (The Hill) (Federal Reserve)
Montana Governor Signs TikTok Ban
The ban will likely face legal challenges before it is officially enacted next year.
First Statewide Ban of TikTok
Montana became the first state to ban TikTok on Wednesday after Gov. Greg Gianforte (R) signed legislation aimed at protecting “Montanans’ personal and private data from the Chinese Communist Party.”
The ban will go into effect on Jan. 1, 2024, though the law will likely face a handful of legal challenges before that date.
Under the law, citizens of the state will not be held liable for using the app, but companies that offer the app on their platforms, like Apple and Google, will face a $10,000 fine per day of violations. TikTok would also be subject to the hefty daily fine.
Questions remain about how tech companies will practically enforce this law. During a hearing earlier this year, a representative from TechNet said that these platforms don’t have the ability to “geofence” apps by state.
Roger Entner, an analyst at Recon Analytics, told the Associated Press that app stores could have the capability to enforce the restriction, but it would be difficult to carry out and there would be a variety of loopholes by tools like VPNs.
Montana’s law comes as U.S. politicians have taken aim at TikTok over its alleged ties to the CCP. Earlier this year, the White House directed federal agencies to remove TikTok from government devices. Conservatives, in particular, have been increasingly working to restrict the app.
“The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented,” Gov. Gianforte said in a Wednesday statement.
Criticism of Montana Law
TikTok, however, has repeatedly denied that it gives user data to the government. The company released a statement claiming Montana’s law “infringes on the First Amendment rights of the people” in the state.
“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana,” the company said.
The American Civil Liberties Union condemned Montana’s law for similar reasons.
“This law tramples on our free speech rights under the guise of national security and lays the groundwork for excessive government control over the internet,” the ACLU tweeted. “Elected officials do not have the right to selectively censor entire social media apps based on their country of origin.”
Per the AP, there are 200,000 TikTok users in Montana, and another 6,000 businesses use the platform as well. Lawsuits are expected to be filed against the law in the near future.
See what others are saying: (Associated Press) (Fast Company) (CBS News)
How a Disney-Loving Former Youth Pastor Landed on The FBI’s “Most Wanted” List
“Do what is best, not for yourself, for once. Think about everyone else,” Chris Burns’ 19-year-old son pleaded to his father via The Daily Beast.
Multi-Million Dollar Scheme
Former youth pastor turned financial advisor Chris Burns remains at large since going on the run in September of 2020 to avoid a Securities Exchange Commission investigation into his businesses.
Despite his fugitive status, the Justice Department recently indicted Burns with several more charges on top of the $12 million default judgment he received from the SEC.
Burns allegedly sold false promissory notes to investors across Georgia, North Carolina, and Florida. The SEC claims he told the investors they were participating in a “peer to peer” lending program where businesses that needed capital would borrow money and then repay it with interest as high as 20%. Burns allegedly also reassured investors that the businesses had collateral so the investment was low-risk.
The SEC says that Burns instead took that money for personal use.
Burns began his adult life as a youth pastor back in 2007 before transitioning into financial planning a few years later. By 2017, he launched his own radio show, The Chris Burns Show, which was funded by one of his companies, Dynamic Money – where every week Burns would “unpack how this week’s headlines practically impact your life, wallet, and future,” according to the description. He also frequently appeared on television and online, talking about finances and politics.
The SEC alleges that he used his public appearances to elevate his status as a financial advisor and maximize his reach to investors.
His family told The Daily Beast that he became obsessed with success and he reportedly bought hand-made clothes, a million-dollar lakehouse, a boat, several cars, and took his family on several trips to Disney World. His eldest son and wife said that Burns was paying thousands of dollars a day for VIP tours and once paid for the neighbors to come along.
Then in September 2020, he reportedly told his wife that he was being investigated by the Securities Exchange Commission but he told her not to worry.
The day that he was supposed to turn over his business documents to the SEC, he disappeared, telling his wife he was just going to take a trip to North Carolina to tell his parents about the investigation. Then, the car was found abandoned in a parking lot with several cashier’s checks totaling $78,000
FBI’s Most Wanted
The default judgment in the SEC complaint orders Burns, if he’s ever found, to pay $12 million to his victims, as well as over $650,000 in a civil penalty. Additionally, a federal criminal complaint charged him with mail fraud. Burns is currently on the FBI’s Most Wanted list.
Last week, the Justice Department indicted him on several other charges including 10 counts of wire fraud and two counts of mail fraud.
“Burns is charged for allegedly stealing millions of dollars from clients in an illegal investment fraud scheme,” Keri Farley, Special Agent in Charge of FBI Atlanta, said in a statement to The Daily Beast. “Financial crimes of this nature can cause significant disruptions to the lives of those who are victimized, and the FBI is dedicated to holding these criminals accountable.”
His family maintains that they knew nothing of Burns’ schemes. His wife reportedly returned over $300,000 that he had given to her.
She and their eldest son, who is now 19, told The Daily Beast they just want Burns to turn himself in, take responsibility for his actions, and try to help the people he hurt.
“Do what is best, not for yourself, for once. Think about everyone else,” Burns’ son said in a message to his father via The Daily Beast.