- 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)
Conservatives are Mad at “Woke” Xbox for Minor Climate-Related Updates
The fury comes after Xbox announced it was slightly altering existing consoles to better utilize and save energy.
Same War, New Battlefield
Mere days after M&M canceled their “spokescandies” due to backlash from the right, led largely by Fox News’ Tucker Carlson, conservatives have found a new front for their ongoing culture war: Xbox.
Carlson spent months complaining that small character redesigns were “woke” because they made the animated anthropomorphized M&M’s — in his own words — “less sexy.” His campaign finally proved successful on Monday when the company announced it would be doing away with the spokescandies and replacing them with actress Maya Rudolph.
Conservatives, now facing a sudden dearth of non-issues to complain about, quickly found a new issue to rage against. Xbox announced in a blog post earlier this month that it is making minor updates to lower its environmental impact as part of an effort to reach Microsoft’s goal of being carbon-negative by 2030.
Now, instead of having an Xbox wake up to update games, apps, and software during random times of the night, it will do that at a time of night when a user’s local energy grid is generating the most power it can from renewable sources.
Xbox also said it would automatically update some older consoles to a power-saving mode that aims to reduce electricity consumption when it is turned off — a feature that is already the default on newer consoles.
According to The Verge, the only difference for users is that an Xbox in power-saving mode takes around 15 seconds to boot up instead of doing so immediately as the console does in “sleep” mode. The change is a small price to pay for what the outlet described as “significant” energy savings.
Xbox Under Fire
To many leading conservative voices, the minimal shifts were just another example of “woke” culture.
While discussing M&M’s spokescandies Tuesday morning, “Fox and Friends” co-host Ainsley Earhardt brought up Xbox’s new changes with Fox radio host Jimmy Failla.
“So Xbox has also announced that they’re going woke too, you know, because of climate change,” Earhardt said.
“I mean, it’s crazy what they’re doing, but we understand what this is. It’s not that it’s actually going to offset emissions, okay — the level of reduction is infinitesimal,” Failla claimed, without evidence. “But they’re trying to recruit your kids into climate politics at an earlier age; make them climate conscious now.”
“Yeah, I didn’t think of that — you’re right, they’re going after the children,” Earhardt agreed, despite the fact that internal data from Microsoft shows just around 10% of Xbox owners are under the age of 18.
Other prominent conservatives also did their part to bait Americans into anger on social media, including America’s Foundation, which posted a tweet stating that “the woke brigade is after video games.”
The post linked an article from the right-wing website TheBlaze, which asserted that “Xbox will force gamers to power down to fight climate change.” That, however, is false — Xbox has said users can switch back and change the settings any time they want
Still, top lawmakers continued to share the article and spread its false claims, including Sen. Ted Cruz (R-Tx.).
“First gas stoves, then your coffee, now they’re gunning for your Xbox,” he wrote in the post, which was flagged by Twitter and given an “added context” warning.
The same warning, however, was not placed in a very similar post by Rep. Troy Nehls (R-Tx.), who also shared the article.
“They want to take your guns. They want to take your gas stoves. And now they want to take your Xbox. What’s next?” he wrote.
See what others are saying: (The Washington Post) (The Daily Beast) (VICE)
Washington State Launches Investigation Into Abuse at Private Special Ed. Schools
Allegations include staff kicking a fourth-grader and dragging a child with autism around by his leg.
Washington State’s Office of Superintendent of Public Instruction (OSPI) has launched an investigation into a system of private schools for kids with disabilities after ProPublica and the Seattle Times reported on allegations of abuse.
The series of articles focused on Northwest School of Innovative Learning (NWSOIL). NWSOIL is a set of private schools that serve 500 Washington public school students with serious disabilities. ProPublica and the Seattle Times found years of complaints from parents and school districts against NWSOIL alleging abuse, overuse of isolation rooms, and unqualified aides teaching instead of certified professionals.
One district claimed NWSOIL staff kicked a fourth-grader. Another alleged that a child with autism was dragged around by his thigh.
Many former NWSOIL employees also claim that they were pressured by their parent company to to enroll more students and skimp on basic resources, like staffing.
In a seven-page letter, OSPI reminded NWSOIL of its authority to revoke or suspend a school’s approval, meaning that it could shut NWSOIL down.
“Given the serious nature of the allegations made in the articles, OSPI is examining what, if any, actions need to be taken with respect to Northwest SOIL’s approval to contract with Washington school districts,” Tania May, assistant superintendent for special education at OSPI, wrote in the letter.
OSPI has demanded any records of mistreatment, maltreatment, abuse, or neglect as well as documents pertaining to restraint or isolation of students and calls to the police. They are also seeking information about the student-to-teacher ratio and staff qualifications.
In the letter, OSPI claims that all of this was previously unknown to them as well as to police, Child Protective Services, and local school districts. They are asking NWSOIL for an explanation as to why the allegations were not reported.
NWSOIL defended itself in a public statement.
“Use of restraints and seclusion are always used as a last response when a student is at imminent risk of hurting themselves or others,“ it said. “We strongly deny any allegation that we understaff and/or pressure staff to increase admissions in order to maximize profits.”
Washington state representatives are considering a reform bill that will give them more oversight on the publicly funded system of private special education schools.
In this legislation, OSPI and at least one district that sends students to this program would be required to visit before approving the contract. It would also standardize district agreements with programs like NWSOIL, including financial safeguards to make sure funds are being used appropriately.
See the full series: (ProPublica) (The Seattle Times)
Mass Shootings in Half Moon Bay, Oakland Rock California
Just since Saturday, at least 19 people have been killed and 17 have been injured in mass shootings in California.
California Sees Third Attack in Under a Week
Two California localities experienced separate mass shootings Monday, just days after an attacker killed 11 and injured nine others in a suburb of Los Angeles.
The first of the most recent shootings took place in Half Moon Bay, a small coastal town about 30 miles outside of San Francisco, where a gunman killed seven and critically injured an eighth at two different locations.
According to authorities, police were dispatched to the first location around 2:20 pm and found four people shot to death and a fifth victim also suffering gunshot wounds. Shortly after, three more people were found dead at another site nearby.
About two hours later, police discovered the suspect in his car in the parking lot of a San Mateo County Sheriff’s Office substation with a semiautomatic handgun in the vehicle that officials later confirmed he had purchased legally.
Sheriff Christina Corpus said the man was taken into custody “without incident” and is “fully cooperating.” He has been identified as a 66-year-old Half Moon Bay resident of Asian descent.
Currently, the gunman’s motive is unknown, but the Sheriff told reporters Monday that both of the locations he targeted were nurseries, and it has since been reported that they were mushroom farms.
“All evidence we have points to this being an instance of workplace violence. The Mountain Mushroom Farm, the first location, is where the subject was employed,” Corpus said in a press conference Tuesday, though she added that, so far, the “only known connection between the victims and the suspect is that they may have been coworkers.”
As of writing, it remains unclear why he targeted the second location. A mushroom farm called Concord Farms has told reporters that it was the site of the second shooting — which a law enforcement official confirmed to The Washington Post.
In a statement to the media, a spokesperson said the farm had “no past knowledge” of the alleged gunman or his possible motives. Little has been released about the victims, though Corpus said Tuesday they were all adults and a “mixture of Asian and Hispanic descent,” some of whom were migrants.
Authorities had previously stated that, because people both live and work on the farms, children were among those who witnessed the shooting. However, on Tuesday, one official walked that back and said while children were indeed in the vicinity, police do not have information about specific witnesses.
Just hours after the violence in Half Moon Bay, seven people were injured, and one other was killed during a shooting at a gas station in Oakland. Very little has been reported about the incident, but police have said that the shooting was “between several individuals.”
Renewed Calls for Gun Control
Californians continue to reel from the rapid succession of mass shootings in a state known for its strict gun control laws.
According to Everytown for Gun Safety, a nonprofit that advocates against gun violence, the state ranks No. 1 in the country for gun law strength. An analysis led by the organization found that California has the sixth-lowest rate of gun ownership and the eighth-lowest gun death rate.
Many of California’s top lawmakers have argued that the state’s relatively low gun violence statistics emphasize the need for more federal regulations.
“The Second Amendment’s becoming a suicide pact,” Gov. Gavin Newsom (D) told CBS News in an interview.
“We’ll continue to find whatever loopholes we can and continue to lead the national conversation on gun safety reform. And the data bares out. It works. It saves lives,” he continued. “California’s 37% lower than the death rate of the rest of the nation, and yet, with all that evidence, no one on the other side seems to give a damn. I can’t get anything done in Congress.”
Following the Monterey Park shooting, U.S. Sen. Diane Feinstein (D-Ca.), alongside other Democratic colleagues, introduced two gun control bills in the upper chamber. The first would ban assault weapons, while the second aims to raise the minimum age to purchase assault weapons from 18 to 21.
President Joe Biden quickly threw his support behind the measures, urging Congress to pass them.
“The majority of the American people agree with this commonsense action,” he said in a statement Monday. “There can be no greater responsibility than to do all we can to ensure the safety of our children, our communities and our nation.”
Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murders, suspected mass murderers, or those accused of committing violent crimes who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.