Opening statements to begin in federal retrial of former officer charged in Breonna Taylor case

Opening statements are set to begin Monday in the federal retrial of Brett Hankison, a former Louisville police officer accused of violating the civil rights of Breonna Taylor, her boyfriend and their neighbors in 2020, when Taylor was shot and killed in a botched police raid.

The initial trial ended in a mistrial last year when the jury reached an impasse because they were not able to reach a unanimous decision.

Hankison was charged in a two-count indictment in August 2022 for deprivation of rights under color of law, both of which are civil rights offenses. According to court documents, he was charged with willfully depriving Taylor and her boyfriend, Kenneth Walker, of their constitutional right to be free from unreasonable seizures, which includes the right to be free from a police officer's use of unreasonable force during a seizure.

According to court transcripts, he was also charged with willfully depriving Taylor's three neighbors of their right to be free from the deprivation of liberty without due process of law, which includes the right to be free from a police officer's use of unjustified force that shocks the conscience.

He has pleaded not guilty to the charges.

The trial marks the third trial for Hankison, following the initial mistrial as well as a state trial in 2022, in which he was acquitted of multiple wanton endangerment charges.

U.S. District Court Judge Rebecca Jennings last week granted the prosecution’s motion to exclude references to Hankison's prior court proceedings in the retrial, according to WHAS, the ABC affiliate in Louisville covering the case in the courtroom.

The judge denied the prosecution's request to introduce evidence of his prior alleged wrongdoing while employed as a Louisville police officer, according to WHAS.

Hankison was one of three officers involved in the raid.

The plainclothes officers were serving a warrant searching for Taylor's ex-boyfriend, who they alleged was dealing drugs. He was not at the residence, but her current boyfriend, Walker, thought someone was breaking into the home and fired one shot from a 9 mm pistol at the officers.

The three officers opened fire, shooting 32 bullets into the apartment, several of which struck Taylor, a 26-year-old emergency medical technician, who was in the entrance to her bedroom at the time.

Hankison fired 10 rounds, none of which hit anyone. He was fired for violating department procedure when he "wantonly and blindly" fired into the apartment. Several of the rounds entered a neighboring apartment where a man, child and pregnant woman were living, according to prosecutors. The neighbors -- Cody Etherton, Chelsey Napper, and her son, Zayden -- were all sleeping at the time of the shooting, prosecutors said.

The other two officers involved in the raid, Myles Cosgrove and Jonathan Mattingly, were not charged in the incident. Kentucky Attorney General Daniel Cameron called Taylor's death a "tragedy" but said the two officers were justified in their use of force after having been fired upon by Walker.

Editor's Note: This story has been updated to reflect Taylor was in the entrance to her bedroom at the time of the shooting, not still in bed.