IMG_3491.PNG

The Breonna Taylor Verdict

Rebecca Bruni- October 14, 2020,

Breonna Taylor was fatally shot by Louisville Metro Police Department officers in March 2020.[1] Her case has become a driving force in the campaign for police reform in the United States. On September 23, rather than bring charges directly related to Taylor’s death, a grand jury indicted one officer with three counts of wanton endangerment of Taylor’s neighbors and ultimately acquitted the other two officers involved, completely ignoring Breonna Taylor’s murder.[2] This unlawful and unjust verdict exposes the corruption within the American judicial system and the necessity of police reform. This case was mishandled from the outset, initially by the police force and ultimately by the judicial system. The challenge posed in evaluating this case is largely due to the absence of body cameras on the night of Taylor’s murder, making it impossible to know whether the officers involved knocked and announced themselves prior to entering the residence. Kentucky Attorney General Daniel Cameron came to a biased conclusion regarding the nature of the officers’ entrance into Taylor’s apartment- demonstrating a conflict of interest. Further, Jefferson County Circuit Court Judge, Mary Shaw, took only thirty minutes to review five separate search warrant applications presented by the LMPD, demonstrating the lack of due diligence and care executed in this case. Like the Jefferson County court system, the Louisville Metro Police Department is also guilty of gross misconduct. This is seen in the absence of evidence of Taylor’s involvement in drug-related offences- the excuse initially used to obtain the warrant. The Breonna Taylor case was misjudged and should be appealed, not only to respectfully honour Taylor and her family, but also to uphold the democratic principles upon which the United States judicial branch is supposed to be based.

It was decided during a pre-operational briefing that Breonna Taylor’s residence was involatile and, thus, could be handled with limited force. Police were meant to knock upon arrival and announce themselves as police officers. However, Taylor’s boyfriend, Kenneth Walker, asserted that police never knocked or announced themselves, prompting him to fire one shot at who he thought were intruders.[3] The absence of body cameras meant that this aspect of the case could only be judged on firsthand accounts. In a biased decision, Kentucky Attorney General Daniel Cameron determined that the officers involved knocked and announced themselves prior to entering the residence.[4] Despite conflicting eyewitness accounts of neighbors, Walker’s opposing firsthand account of events, and the absence of body cameras for verification, AG Cameron failed to exercise due diligence by choosing to accept the statements of police officers- rather than those of the victims and witnesses. As expressed by Michael Avery, the president of the National Police Accountability Project, credible investigations are unable to take place if those investigating and prosecuting the case are one of the involved parties.[5] Taylor’s case involved a biased prosecution that wrongfully acquitted three officers of murder because of its own stake in the matter. As a result, the American judicial system prioritized the reputation of the LMPD rather than the due process Breonna Taylor rightfully deserves.

The bias and unlawfulness of the prosecutorial system in this case is the by-product of a larger issue. This case was mishandled long before it ever reached the trial phase. On March 12, 2020, Judge Mary Shaw was presented with five different search warrant applications by police. Each of these search warrants were related to drug offences and Jamarcus Glover- a convicted drug trafficker that was an ex-boyfriend of Taylor’s. Without any proof that Taylor was involved in the activities of her ex-boyfriend, the LMPD listed her residence in one of the warrant applications. Judge Mary Shaw took approximately thirty minutes to review all five warrants presented to her- including that of Breonna Taylor’s.[6] Judge Mary Shaw granted the LMPD a search warrant of Taylor’s residence without any evidence that she was in possession of, or trafficking, illegal substances, nor a party to Glover’s criminal activity.[7] This search warrant lacked probable cause and, therefore, should never have been granted. Further, the time in which it took Shaw to decide on five separate search warrants exposes a greater issue. The judicial system has ultimately infringed upon the American Constitution by neglecting the Fourth Amendment which protects citizens from unreasonable search and seizure.[8]

As previously mentioned, the LMPD initially obtained the search warrant for Taylor’s residence because they suspected her of being involved in the drug trafficking case of Jamarcus Glover. However, no illegal substances were found in her apartment.[9] In addition, Ms. Taylor had no criminal record or history of trafficking drugs.[10] As a result, it can be concluded that there was no probable cause to suspect Taylor of any crime, and a warrant should never have been granted. This further demonstrates the lack of due diligence by the players in the American legal system and reinforces the position that the LMPD had no reason to enter Taylor’s residence in the first place. As a result, the verdict given on Taylor’s murder was based upon unlawful and incorrect assumptions from its very fruition.

In recent months Breonna Taylor has been repeatedly used as a symbol of the need for American police reform. However, she has yet to receive the justice she deserves. Instead, a grand jury indicted one of three officers with wanton endangerment- a charge that was completely unrelated to Breonna. The other two officers were acquitted of all charges. This is a direct result of the bias and unlawfulness of the American police force and court system. The bias demonstrated by AG Daniel Cameron, Judge Mary Shaw and the lack of proper investigation by the Louisville Metro Police Department all contributed to the unlawful verdict that was handed down on September 23, 2020. The verdict given by the grand jury in the Breonna Taylor case should be appealed to ensure justice is served, not only to her and her family, but to all the victims of the bias that plagues the American legal system.

[1] Levenson, E. (2020, September 23). A timeline of Breonna Taylor’s case since police broke down her door and shot her. Retrieved September 26, 2020, from https://www.cnn.com/2020/09/23/us/breonna-taylor-timeline/index.html.

[2] Kentucky grand jury indicts 1 officer but not for the death of Breonna Taylor | CBC News. (2020, September 24). Retrieved September 26, 2020, from https://www.cbc.ca/news/world/grand-jury-report-breonna-taylor-1.5735521.

[3] Breonna Taylor's Life Was Changing. Then the Police Came to Her Door. (2020, August 30). Retrieved September 26, 2020, from https://www.nytimes.com/2020/08/30/us/breonna-taylor-police-killing.html.

[4] Eustachewich, L. (2020, September 23). Kentucky AG denies cops executed 'no-knock warrant' in Breonna Taylor case. Retrieved September 26, 2020, from https://nypost.com/2020/09/23/kentucky-ag-breonna-taylor-cops-knocked-and-announced-themselves/.

[5] Bates, J. (2020, September 25). Lawyers, Activists Respond to Jury's Breonna Taylor Verdict. Retrieved September 27, 2020, from https://time.com/5893039/breonna-taylor-charges-grand-jury-daniel-cameron/.

[6] Balko, R. (2020, September 24). Opinion | Correcting the misinformation about Breonna Taylor. Retrieved September 26, 2020, from https://www.washingtonpost.com/opinions/2020/09/24/correcting-misinformation-about-breonna-taylor/.

[7] Chavez, N. (2020, September 24). These are the people at the center of the Breonna Taylor case. Retrieved September 26, 2020, from https://www.cnn.com/2020/09/23/us/breonna-taylor-case-people/index.html.

[8] Fourth Amendment. (n.d.). Retrieved September 26, 2020, from https://www.law.cornell.edu/constitution/fourth_amendment.

[9] Oppel, R., Taylor, D., & Bogel-burroughs, N. (2020, May 30). What We Know About Breonna Taylor's Case and Death. Retrieved September 26, 2020, from https://www.nytimes.com/article/breonna-taylor-police.html.

[10] Breonna Taylor's Life Was Changing. Then the Police Came to Her Door. (2020, August 30). Retrieved September 26, 2020, from https://www.nytimes.com/2020/08/30/us/breonna-taylor-police-killing.html.