Correcting the misinformation about Breonna Taylor
Radley Balko
Breonna Taylor. (Courtesy of Taylor family attorney Sam Aguiar via AP, File) (AP)
Wednesday’s announcement from Kentucky Attorney General Daniel Cameron about criminal charges in the Breonna Taylor case set off a frenzy of misinformation on social media. Based on what we do know — which I’ve culled from my own reporting, reporting from the New York Times and the Louisville Courier-Journal, as well as from conversations with the lawyers for Taylor’s family — the decision to charge Detective Brett Hankison with wanton endangerment was probably correct, as was the decision not to charge the other officers involved in the shooting. If ballistics had conclusively shown that one of the bullets from Hankison’s gun killed Taylor, he could be charged with reckless homicide, but according to Cameron, the bullets that struck Taylor could not be matched to Hankison’s gun. There’s the problem that the police who conducted the raid were relying on a warrant procured by another officer, which was then signed by a judge. There were many flaws and abrogations in that process, but it would be unfair and not legal to hold them accountable for any of that.
But “not illegal” should not mean “immune from criticism.” Part of the problem was Cameron himself, who was selective in what information he released to the point of misleading the public about key facts in the case. (This raises real questions about whether the grand jury was also misled. That’s why an attorney for Taylor’s boyfriend Kenneth Walker, who fired at the police during the raid, is demanding that Cameron release the evidence that was presented to the grand jury.)
Furthermore, Taylor’s death was not, as Cameron suggested, simply a tragedy for which no one is to blame. The police work in this case was sloppy, and the warrant service was reckless. Taylor is dead because of a cascade of errors, bad judgment and dereliction of duty. And it’s important that the record on this be clear. So here are some correctives for the misinformation I’ve seen online:
“This was not a no-knock warrant.”
It absolutely was. It says so right on the warrant. Moreover, the portion of the warrant authorizing a no-knock entry cited only cut-and-pasted information from the four other warrants that were part of the same investigation. This is a violation of a requirement set by the Supreme Court that no-knock warrants should be granted when police can present evidence that a particular suspect is a risk to shoot at police or destroy evidence if they knock and announce. They didn’t do that.
The police claim they were told after the fact to disregard the no-knock portion and instead knock and announce themselves, because, by that point, someone had determined that Taylor was a “soft target” — not a threat, and not a major player in the drug investigation. But there are problems with this account. If Taylor was a “soft target,” why not surround the house, get on a megaphone, and ask her to come out with her hands up? Why still take down her door with a battering ram? Why still serve the warrant in the middle of the night?
“The police knocked and announced themselves, and a witness heard them.”
In what was probably the most frustrating part of Cameron’s press event, he cited a single witness who claimed to have heard the officers identify themselves as police. I spoke with Taylor’s lawyers in June, who at that time had interviewed 11 of her neighbors. Many lived in the same apartment building as Taylor. According to the lawyers, no neighbor heard an announcement. The New York Times interviewed 12 neighbors. They found one — just one — who heard an announcement. And he only heard one announcement. He also told the paper that with all the commotion, it’s entirely possible that Walker and Taylor didn’t hear that announcement. Cameron neglected to mention any of this.
Moreover, in a CNN interview Wednesday night, Walker’s attorney, Steven Romines, said the witness to whom Cameron was referring initially said he did not hear the police announce themselves. And he repeated that assertion in a second interview. It was only after his third interview that he finally said he heard an announcement. That’s critical context that Cameron neglected to mention.
The Post’s View: Criminal charges and police reforms in Louisville are welcome. But they can’t bring Breonna Taylor back.
“Even Kenneth Walker has admitted that the police pounded on the door for 30 to 45 seconds. Therefore, by definition, this was not a ’no-knock’ raid.”
With a few exceptions, when conducting a raid, government agents must knock and announce their presence and purpose, and give anyone inside the opportunity to let the officers in peacefully — thus avoiding violence to their person and destruction of their property. If the police simply pounded on the door for 45 seconds and never appropriately announced themselves, that’s even worse than not knocking at all. It likely made Walker even morefearful that the people outside the door were there to do harm to him and Taylor.
“If the police say they announced themselves, and one neighbor heard it, then they probably did. So what if the other neighbors didn’t hear it? They were probably asleep.”
The entire purpose of the knock-and-announce requirement is to provide ample notice to the people inside the home the police are trying to enter. If the police didn’t yell loudly and clearly who they were — loud enough for the people inside to hear — the knock-and-announce portion is rendered meaningless, and the entire action becomes no different than a no-knock raid. As the Times reported, the officers on this raid were trained by a man who, oddly enough, is now president of the Louisville city council. “During his 19-year career as a police officer, he had instructed recruits at the local training academy about ‘dynamic entry.‘ Especially when executing a warrant at night,” he told the paper, “he told them to yell ‘police’ at the top of their lungs, specifically so that occupants would not mistake them for an intruder.” That clearly did not happen here.
(Continued)
Radley Balko
Breonna Taylor. (Courtesy of Taylor family attorney Sam Aguiar via AP, File) (AP)
Wednesday’s announcement from Kentucky Attorney General Daniel Cameron about criminal charges in the Breonna Taylor case set off a frenzy of misinformation on social media. Based on what we do know — which I’ve culled from my own reporting, reporting from the New York Times and the Louisville Courier-Journal, as well as from conversations with the lawyers for Taylor’s family — the decision to charge Detective Brett Hankison with wanton endangerment was probably correct, as was the decision not to charge the other officers involved in the shooting. If ballistics had conclusively shown that one of the bullets from Hankison’s gun killed Taylor, he could be charged with reckless homicide, but according to Cameron, the bullets that struck Taylor could not be matched to Hankison’s gun. There’s the problem that the police who conducted the raid were relying on a warrant procured by another officer, which was then signed by a judge. There were many flaws and abrogations in that process, but it would be unfair and not legal to hold them accountable for any of that.
But “not illegal” should not mean “immune from criticism.” Part of the problem was Cameron himself, who was selective in what information he released to the point of misleading the public about key facts in the case. (This raises real questions about whether the grand jury was also misled. That’s why an attorney for Taylor’s boyfriend Kenneth Walker, who fired at the police during the raid, is demanding that Cameron release the evidence that was presented to the grand jury.)
Furthermore, Taylor’s death was not, as Cameron suggested, simply a tragedy for which no one is to blame. The police work in this case was sloppy, and the warrant service was reckless. Taylor is dead because of a cascade of errors, bad judgment and dereliction of duty. And it’s important that the record on this be clear. So here are some correctives for the misinformation I’ve seen online:
“This was not a no-knock warrant.”
It absolutely was. It says so right on the warrant. Moreover, the portion of the warrant authorizing a no-knock entry cited only cut-and-pasted information from the four other warrants that were part of the same investigation. This is a violation of a requirement set by the Supreme Court that no-knock warrants should be granted when police can present evidence that a particular suspect is a risk to shoot at police or destroy evidence if they knock and announce. They didn’t do that.
The police claim they were told after the fact to disregard the no-knock portion and instead knock and announce themselves, because, by that point, someone had determined that Taylor was a “soft target” — not a threat, and not a major player in the drug investigation. But there are problems with this account. If Taylor was a “soft target,” why not surround the house, get on a megaphone, and ask her to come out with her hands up? Why still take down her door with a battering ram? Why still serve the warrant in the middle of the night?
“The police knocked and announced themselves, and a witness heard them.”
In what was probably the most frustrating part of Cameron’s press event, he cited a single witness who claimed to have heard the officers identify themselves as police. I spoke with Taylor’s lawyers in June, who at that time had interviewed 11 of her neighbors. Many lived in the same apartment building as Taylor. According to the lawyers, no neighbor heard an announcement. The New York Times interviewed 12 neighbors. They found one — just one — who heard an announcement. And he only heard one announcement. He also told the paper that with all the commotion, it’s entirely possible that Walker and Taylor didn’t hear that announcement. Cameron neglected to mention any of this.
Moreover, in a CNN interview Wednesday night, Walker’s attorney, Steven Romines, said the witness to whom Cameron was referring initially said he did not hear the police announce themselves. And he repeated that assertion in a second interview. It was only after his third interview that he finally said he heard an announcement. That’s critical context that Cameron neglected to mention.
The Post’s View: Criminal charges and police reforms in Louisville are welcome. But they can’t bring Breonna Taylor back.
“Even Kenneth Walker has admitted that the police pounded on the door for 30 to 45 seconds. Therefore, by definition, this was not a ’no-knock’ raid.”
With a few exceptions, when conducting a raid, government agents must knock and announce their presence and purpose, and give anyone inside the opportunity to let the officers in peacefully — thus avoiding violence to their person and destruction of their property. If the police simply pounded on the door for 45 seconds and never appropriately announced themselves, that’s even worse than not knocking at all. It likely made Walker even morefearful that the people outside the door were there to do harm to him and Taylor.
“If the police say they announced themselves, and one neighbor heard it, then they probably did. So what if the other neighbors didn’t hear it? They were probably asleep.”
The entire purpose of the knock-and-announce requirement is to provide ample notice to the people inside the home the police are trying to enter. If the police didn’t yell loudly and clearly who they were — loud enough for the people inside to hear — the knock-and-announce portion is rendered meaningless, and the entire action becomes no different than a no-knock raid. As the Times reported, the officers on this raid were trained by a man who, oddly enough, is now president of the Louisville city council. “During his 19-year career as a police officer, he had instructed recruits at the local training academy about ‘dynamic entry.‘ Especially when executing a warrant at night,” he told the paper, “he told them to yell ‘police’ at the top of their lungs, specifically so that occupants would not mistake them for an intruder.” That clearly did not happen here.
(Continued)
