Transcripts For FOXNEWSW Outnumbered Overtime With Harris Faulkner 20200923

Taylors shooting. But none of the other three officers who fired the weapons that night were charged. Today, that could change. We dont know what is going to happen. We are covering it moment by moment as we always do. Matt finn joins us live from frankfurt, kentucky. Matt . Harris, really the entire state of kentucky and the louisville region has been bracing for this decision. There has been tension in the air. Its sparked protests and the say her name slogan can be heard coast to coast. Major celebrities like oprah and the Vice President ial nominee Kamala Harris heavily campaigned for answers in this case. We are moments away from learning what the kentucky grand jury will do with the three officers involved this case. Protesters have demanded that the three officers involved be arrested and criminally charged. Jonathan mattingly, detective Brett Hankison and myles cosgrove. The families are demanding at minimum they get seconddegree manslaughter but we say it is possible that some are all three officers may not be charged with any type of homicide. We are about to find out. So far one officer was fired for wildly shooting in taylors apartment. The other two are still on the job. A new development. Sergeant Jonathan Mattingly involved in the warrant and the footing death the fox affiliate in louisville report that mattingly wrote strongly worded email to colleagues in the Early Morning hours yesterday writing in part you do not deserve to be in this position. Position that allows thugs to get in your face and yell, curse and degrade you. Throw bricks, bottle at you and expect you to do nothing. We know we did the morem moral thing. The attorneys say they will likely say it was selfdefense. They were fired at first by her boyfriend who said he thought the intruders were breaking in. No matter what the grand jury decision is not a conviction or a verdict. A grand jurys indictment means at the request of the prosecutor or the grand jurys own view there is evidence to go farther. To believe something may have happened. This is far from the standard that the jury has to reach to convict. In louisville right now a full square mile of the downtown is basically a ghost town in anticipation of the announcement. Hundreds of the businesses have boarded up. The federal courthouse is boarded up and closed. Louisville mayor and the Police Declared a state of emergency. The governor is ready to deploy the National Guard if necessary. Something interesting to note is whether the attorney general presented the case to the grand jury and suggested charges or if he and his staff presented this case to the grand jury and allowed them to make their decision entirely on their own. Harris . Harris matt, thank you very much. Of course as matt said, we will bring it to you the moment we know more news. The hearing is going on. If we can dip in to that via virtual this afternoon, and the next few minutes we will. Otherwise we will wait until the Kentucky Attorney general who is expected to have a News Conference moments from now will officially announce the decision. So however we can bring it to you quickest, you will see it here on outnumbered overtime. We move on now. Mourners are paying their respects to Justice Ruth Bader ginsberg at the u. S. Supreme court. Where her casket will lie in repose today and tomorrow. On friday, justice ogunnaike is the first ever to lie in state at the Justice Ruth Bader ginsberg is the first to lie in state at the capitol. President trump is going to announce his nominee at 5 00 p. M. Eastern. He talked about last night in a rally in pittsburgh. President trump to uphold the constitution written opposed to conceived by a radical left judge. I will soon announce the nominee. You will love it. You will be so happy. If you dont love it, dont vote for me. He narrowed the list to five women and he met with judge Amy Coney Barrett on monday. There are reports that the Senate Judiciary chair Lindsey Graham looking to begin confirmation hearings two weeks from now. John roberts is live with the latest. John . John good afternoon. President trump say leg has his mind made up over who he is going to nominate. He just wants to be sure. So he has a couple more days to mull it over before the big announcement on saturday afternoon. The top two contenders as we understand it now are judge Amy Coney Barrett of the 7th Circuit Court of appeals, as well as judge Barbara Lagoa of the 11th Circuit Court of appeals. Butth the trump unprovokes keep brings up the name of Justice Joan Larsen on the sixth Circuit Court of appeals so no one is ruling her out. The president talking about the importance of getting the pick right. Listen here. President trump is appointment of a United States Supreme Court justice was much more important to voters than i thought. They are right. They will set policy for 50 years. Whether its life or second amendment. No democrat expected to vote in favor of the nominee and the president will likely make a decision who conservatives are happy with. The conservatives do approve of all the judges on the list, the candidate with the most conservative support among the current crop of the candidates is Amy Coney Barrett. So it would be a real surprise if the president does not pick her. The Supreme Court obviously the top of the president s mind but its not the only thing on it. The morning the president hosting a event to pay tribute to the veterans of the bay of pigs infusion in chaos. Brigade 2506 and the president taking the steps to turn economic crews on cuba and venezuela and nicaragua. Remarking that the hispanic voters are showing interest in him this year. Listen here. President trump i must tell you that the big story is the poll numbers. Trump has gone through the roof with the poll numbers from hispanics. They are all talking about it. I just watched something and i read a couple of articles. They dont know what is happening. I guess they didnt know i love you. John polls in the state of florida are showing that the president is getting closer to joe biden among hispanic voters and biden is underperforming among that demographic. That is why the numbers in florida are so close and why President Trump working the hispanic vote so hard. We expect to hear from the president a couple more times today. Event with the states attorney general at 3 00 on social media protections. Protecting people from social media. At 6 00, he has the coronavirus briefing. A lot of questions ahead for the president. Harris yes. We have Kayleigh Mcenany from his White House Team next. And john roberts, thank you very much. Democrats retaliating against the republicans by limiting the ability to hold the community hearings. Chuck schumer is accusing the g. O. P. Of ignoring justice ginsbergs final request. By all rights, we should honor her dying wish. Imparted to her grand daughter she not be replaced until the next president is installed. All the words for ginsberg on the other side ring hollow if they wont honor her last dying wish. Harris for more on the growing showdown i want to bring in the White House Press secretary Kayleigh Mcenany. Thank you for joining me today. I normally dont try to overuse that word. That hyperbole about a showdown but it is shaping up that way with the threats from the left. What are you doing at the white house to prepare for the battle ahead . Yeah. We are preparing to choose a highly qualified nominee that the American People will embrace. Textualist and originalist, to the plain meaning of statutes. Choosing a highly qualified nominee to call out the game of the democrats to suggest they would impeach the president over performing the article ii, section two, constitutional duty. It shows how fundamentally unserious they are in addition to the ludicrous calls for the court packing. That did not work out well for the f. D. R. In the 19350s. It wont work out well for the democrats today. Harris democratic senator Sheldon Whitehouse was with our bill hemmer. He said. This watch and ill get your reaction. I think the republican colleagues if they ram this through, contrary to the precedent they have set they forfeited the standing to complain about future procedural efforts that Senate Democrats might make. There is a real distinction here, probably not lost on the senator though he chose not to bring it up. In the 2015 scenario you had republicans in control of the senate. President obama was a democrat at the time. By contrast, the republicans were given majority in 2014 and reelected in 2016 and expanded in 2018 as the voters sent unmistakable message. They want President Trump nominating the justices and Republican Senate waiting in wings confirm them. All 29 times in history where there has been an appointment like this, vacancy like there. There has been an appointment. Harris john mccains widow cindy mccain has endorsed joe biden. Here is this. What do you say when people dismiss this as clash of personality or revenge on your part . That is their opinion. I am here because i believe what is right for the country. We should stand up and show courage. Step across the line and vote for biden. Harris i want your reaction to the former republican who had run for president of the United States going with the democrat over the incumbent republican. Well, that represents a very minority viewpoint in the party. He got more republican nominees in history and has extraordinary favorability in the party. There is no more loved republican than President Trump. I want to address what is right for the country. What is right for the country is not going back to the disastrous biden obama years. Recall the military where the navy at the smallest. Airport at the smallest. 300,000 veterans died before applications were process. 300,000. That is extraordinary number. We cant afford that for the veterans and the military. Harris you have it on the facts sheet and all of those things. You do coverage of the military and the facts are so disturbing and true. Then you have a pressured relationship about the mccains family and what has been said about the late senator and now his wife backing biden. A new poll shows that biden is leading trump in her home state of arizona. It could make a difference. How cindy mccain is filt iring the things what the president said about her late husband could play. Emotional reaction, yes, but also a factual reaction. We believe is ahead in arizona and will win arizona. At the end of the day when the military steps back and veterans step back they will see the president who gave the largest monetary investment and rebuilt the military after obamabiden sequest tration that gutted the military. They will see that the president took crumbling v. A. Where 300,000 veterans died before receiving care. He took that and gave them meaningful choice with the mission act. His accomplishment speaks for itself and he is beloved by the military and ultimately will prevail. Harris you have a pretty tight senate rate there. Between martha mcsally, republican in that seat and appointed to the seat and now she will face a strong democrat in the state. Real quick thought about the down ticket in arizona . It has been leaning more blue lately. The senator mcsally is a veteran herself. The president is looking forward to going across the country and will be in arizona and other states. Harris Kayleigh Mcenany. Great to see you. Thank you very much. Good to see you. Harris well, we are awaiting the grand jury recommendation in the Police Killing of Breonna Taylor. As well as an announcement on possible charges for the Police Officers involved. Police in louisville meanwhile brace for the protests. We are live there with several reporters. City lawmakers overriding a mayors veto. On a bill to slash the police funding. What they say why they say this is the beginning. Group of the g. O. P. Lawmakers urging the f. B. I. To investigate the funding connected to recent riots. Georgia congressman doug collins joins me next. This message is for spouses of veterans with a va loan. With just one call to newday you can cut your familys mortgage payments by 3000 a year. The va streamline refi is a benefit your spouse earned. It shortens the refi process so veteran families can save money by refinancing. There is no income verification. No appraisal. No out of pocket costs. All time low Mortgage Rates have now dropped even lower. Hey frank, our workers comp insurance is expiring, should we just renew it . Yeah, sure. Hey there, Small Business owner. Pie insurance here with some sweet advice to stop you from overpaying on workers comp. Try pie instead and save up to 30 . Thirty percent . Really . Get a quote in 3 minutes at easyaspie. Com. Wow, that is easy. So, need another reminder . No, no no, im good. Uh, yes please. Oh. Ho ho ho, yeah need workers comp insurance . Get a quote in 3 minutes at easyaspie. Com. Harris breaking news. We are goin to join the inside the courtroom in louisville, kentucky where canner the judge. She is talking about the Breonna Taylor case ahead of reading the charges that could be coming. We dont know yet. This is a zoom presentation. We are tapping in to it now. Lets watch together. Manifesting extreme indifference to human life. He wantonly shot a gun in the apartment occupied by the initials c. E. Count two, wanton endangerment in the first degree. In Jefferson County, kentucky, the above named Brett Hankison committed wanton endangerment in the first degree. When there were circumstances that were against human life he shot a gun in the apartment occupied by the initials c. N. Count three wanton endangerment in the first degree. On or about march 13, 2020, in Jefferson County, kentucky, above named defendant Brett Hankison committed wanton endangerment in the first degree. When under the circumstances manifesting extreme indifference to human life he wantonly shot a gun in an apartment occupied by initials zs. Against the peace and the dignity against commonwealth of kentucky. Mr. Foreman, is that the decision of the grand jury . It is. Thank you. Sir if you would randomly select a number. 13. Division 13. Thank you, sir. The case will then be assigned to jefferson Circuit Court division 13. Madam assistant attorney general, do you have a motion with respect to bond . We ask for 15,000 full cash bond for the defendant Brett Hankison. I will grant the motion and assign bond in the amount of 15,000 full cash. Issue a warrant. That concludes the business of the grand jury for Jefferson County in september 2020. Thank you. You may be excused. Im going off the record. We have just learned three counts of wanton endangerment against Brett Hankison who fired the shots. Harris we are going to pull away because the grand jury now portion of that has finished. You saw a little bit of affiliate and the local news. I want to bring in our own jeff paul now with the latest on this. Jeff, you are with me. A few people shouting in the crowd like only 15,000 when they were reading off the bond. That has been the only response. Ill step out of the way so we can give you an idea of the scene. Jackson square in downtown louisville. Its fairly quiet. People are still digesting what was just read. Trying to fully understand what this exactly means moving forward. We do know that curfew has been set up for the next 72 hours. That starts at 6 00 p. M. Pardon. Starts at 9 00 p. M. And goes until 6 30 a. M. That is something in play as the people react down here. Probably do a bit of demonstrating. It is hard to tell. Certainly this has been a scene of peaceful protests. That sort of set an example for the rest of the nation when other parts of country were sort of going off the rails. This has been an example of unity coming together. You can see people took tomb to come down here. This is hard to get in here. All the roads are blocked. The people who are here are passionate about what is going on right now in this case. Harris jeff paul, i wanted to come to you right away. You i knew you had shouting near you. So thank you for giving us the meet reaction there in louisville, kentucky. I will let you go. We will come back to you as the news warrants. It will take a while for it to we vent heard from the kentucky we havent heard from the Kentucky Attorney general. Grand Jury Indicts One Police officer. He is the only one facing criminal charges. Six months after Breonna Taylor fatally shot by the police in enz can. Grand jury indicts the one officer hankison. He is an exdetective by the way on criminal charges. And the grand jury again we have not heard, after we heard from the judge. We have yet to hear from the Kentucky Attorney general. We want to break it down. But also with the respect more facts are coming as well. One of my favorite people to go to because of his experience on these things is john yu. Former Deputy Assistant attorney general. Thank you for being with me today. We dont have a lot of the detail. The judge didnt talk for a long time. There were three people, the three officers including the sergeant that were, you know, we didnt know who would get charged or if anybody would. Your first reaction to one officer charged and as you can explain it to us as well what you understand it will mean. Great to be with you. It seems to me an appropriate indictment from the grand jury. The judge was asking the grand jury about their understanding and what the charges were. Farmer detective Brett Hankison is charged with murder it seems appropriate it doesnt look like what we call the firstdegree murder that he planned and went in to kill someone with malice but it sounds like something more like although this is not what kentucky calls it but what we call second of degree murder. Wanton, reckless, indifferent to the value of human life. I believe if you look at the facts from the various investigations, detective hankison was the one who looks like he fired the full clip throughout the room. I think he is the one that fired ten shots in the room without really looking to see who was in there or if there was any threat. The other two officers dont seem to have fired at this kind of rate. That seems the appropriate charge. It might not be over. We need to see what the attorney general says. Just because hank hank has been charged with seconddegree murder here doesnt mean that the other two officers are off hook. The investigation could be continuing and they could be charged with Something Else. Harris i dont know if you were able to watch that zoom hearing that we brought in virtually. They sent out a link so people could watch it in the public because they were trying to get the information out as quickly as possible if for the people in kentucky. They were bracing with the National Guard. They werent sure what they would find here. This is something we have seen in the last few months. This case six months and ten days toed people said they were waiting for justice and that point. The judge at one point said in the hearing at the end, john, im going to go off the record now. That is when i thought what you are talking about might come in play. Is this really over completely for the other two officers . Great question. They went off the record which could have been anything. Like where should we send the grand jury now to the judge finding out are you continuing your investigation and deliberations . I also want to say its smart, wise that the government used the grand jury here. I hope there wont be any violent protests at the community will be accepting of this decision. That is what the grand jury is. Rather than having a prosecutor decide, the grand jury randomly drawn from the community to make decisions. We like to think that the grand jury represents the reasonable view of the people who live there. I think they made an appropriate decision. No it that hankison is guilty but enough to go forward with a trial and a prosecution. And it could be the case that the grand jury continues the investigation and they may charge them with Something Else. Ill also say just because something is not criminal doesnt mean its not wrong. The city here paid out 12 million in the wrongful death suit. That is meant to make up for wrongness of what happened to ms. Taylor. Criminal charges still night mit come for the charges but something less than murder. Harris you know, john, im curious. We have it up on the screen. Three counts of wanton endangerment. You gave some of the details from the noknock warrant that was issued. Then the entry in the apartment and the shots fired. The estimation of how many it would have been. I heard you say seconddegree murder. What does it all mean . How do the charges break down . How are they different . And would a jury look and say and cherry pick some of this . Or are some tied together . Every case is so different. You are right. That is why i think people should withhold judgment until they see that is what the trial is for to present complicated facts as you said. There is also a lot of the conflicting eyewitness testimony here. There are some accounts. Did the police knock . Did they not . Did they announce themselves . Did they not . Did ms. Taylors boyfriend mr. Walker fire the first shot . I dont think it justifying firing off a full clip by police in the room without looking into it but it might alleviate the guilty of the others other than detective hankison. We have to see it come out in the trial. That is what a trial is for. But i think you have to realize just because there is a difference between firstdegree and seconddegree murder and how you prove it, its still murder. The difference is did someone plan it out with the coldblooded, malice aforethought . That is first degree. That doesnt seem to be the case here. But if there seconddegree murder at that moment, in the circumstances. Did someone act without regard to protecting human life . Which is really the duty of the police ultimately. Third detective hank hank start fire wildly without regard of the safety of the people he was supposed to be protecting . It seems that is what the grand jury thought and i think it is the appropriate charge here. Harris okay. I want to include more things we know in this case to be facts that might be considered. I think it is important. March 13. Louisville Police Officers executed a search warrant. They used batterying ram to enter the apartment of ms. Taylor. By the way, just because i know people have probably read it, you know, on social media. I know oprahs magazine did a feature. She is a 26yearold emergency room technician. The police have been investigating two men, john, they believed were selling drugs out of a house. The house was, in fact, located from the documents far from Breonna Taylors home. However the judge also signed a warrant to allow the police to search her apartment. Because they believed that one of the men they were looking at had been using her apartment to receive packages. Facts were shown she was dating the man who had delivered packages from her address. On and off several years but recently severed ties. She and her new boyfriend are at home in her apartment when they hear a loud banging at the door. They say they both called out asking who was at the door. Her boyfriend told police he feared it might be her exboyfriend. Then what we know, this is what you are alluding to, the police broke the door off the hinges and mr. Walker fired his gun once striking Sergeant Mattingly in the thigh. So they to look for the consistency of those facts to see what preceded what this one officer who has been charged with a crime did next. Yes. If you are pretend you are in the position of detective hankison or his defense attorney and what they are going to say is we thought this was a salad search valid sh warrant. We did knock, we did announce. These are all factually disputed. We went in the apartment and we were fired upon. He is going to say it was reasonable for me to respond with the use of force to defend ourselves and prevent whoever was shooting from shooting anybody else. Officers typically think anyone willing to shoot a Police Officer is a threat to everybody else in the community. So its important why did you shoot your whole clip . Why did you shoot ten bullets . Did you look . Did you look where you were firing and see if anybody was really any longer a threat . That is the trial if i were officer hankisons defense attorney i would tell them you dont want to go to trial on these facts. You should try to reach a plea agreement and plead guilty and try to negotiate over the sentence because i think firing all those bullets in a room where you havent really looked i think a jury could easily convict on the facts. Harris i want to hit another point. You said second of degree murder but the charges we are reporting are three counts of wanton endangerment. How did you get there with that . Im sorry. Kentucky actually doesnt draw distinctions between firstdegree and seconddegree murder. They just have murder, or they have manslaughter. I believe what harris but the count go ahead. From what i heard of the zoom feed it sounded like they were charging with murder but kentucky like every jurisdiction will distinguish between what other states call firstdegree murder, desire to plan out a murder with malice. Or something where you acted recklessly, indifferently to human life. If its not that, if they are actually charging him with Something Else harris so with respect, let me interject. Maybe there is some difference here. But it is three counts of the wanton endangerment. It is a felony. They are felony counts. But we didnt hear the word murder involved so is there a nuance we are missing here . No. Im sorry. If i misheard what was said on the zoom feed. If its not murder at all, then it could be lesser charge. Sometimes other states will call manslaughter. Its just Reckless Endangerment of other peoples lives. That is a less serious charge than murder, of course. Its still a felony and it could still lead to the significant jail time. I think again, it is not as important what the charge is called. Whether its under kentucky law whether its murder or manslaughter as long as you get the facts right about what detective hank hank did. Did he act hankison dilled. And did he act without regard to human life and what sentence is going to be imposed. Harris i want to make sure we get this right. We depended on those words. Murder was not correct. Three counts of wanton endangerment which we have been reporting in the first degree. Penalty is 1 to 5 years and class d felony. Person guilty of wanton endangerment in the first degree when under the circumstances manifesting extreme indifference to the value of human life which is what you were explaining to us earlier. He wantonly engages in the conduct to create substantial danger of death or serious physical injury to another person. Via the zoom as you say we are getting the information. We want to whittle it down to facts we know. Class d felony, three counts of wanton endangerment. I want to bring in join us grak brewer the former nfl player and the National Spokesperson for the National Association of the Police Athletic league. Its great to see you. Thank you for joining the program. There was a readiness for what would come next and what the street would see as justice. Maybe even separate from what Breonna Taylors family would see. I know you worked so closely with the Police Officers. What are your initial reactions right now . First off, sadness. When you see a country divided over a murder like this. It is sad. I think, you know, just as we are on the air trying to figure out exactly the terminology and what it means, and the definitions, this is going to add to the confusion. A lot of people across america on both sides dont understand what the sentence or the charges mean. We need to bring clarity to the situation. Folks need to take this as an example of why we have a legal system and why we need to wait until the things are presented in front of a court. In front of a jury. Stop lashing out and let you are omotion lead us. Does no good for anyone. It doesnt do any good for Breonna Taylor and her family and the healing of the nation. We dont need more violence. We need a call for the unity. Lets let the Legal Process work out. Harris we are awaiting the attorney general in kentucky to come up and john, former Deputy Attorney general had just been joining me. I want to make sure what the charges are. They are criminal, dellny d. Murder is felony d. Murder is not among that. John yoo thought he heard that on the zoom coming from the judge inside the courtroom. That is not the case. They are three counts of wanton endangerment for an exdetective Brett Hankison. Those are the charges. Jack as you are talking about right now one thing that john yoo is saying we are not certain if this is all that will come. There are two other officers involved in this. Being looked at. Will the charges come . We dont know. The grand jury could conduct more of that. But as we go forth, you are saying we must and you are so right, wait for facts. Some of the facts hopefully will come with more clarity when the kentucky a. G. Gets set to speak after the grand jury indicted that officer hankison. Jack, you know it has been a long six or seven months. It has. The death of Breonna Taylor. The death of george floyd. It has been really been one of those times where it seems like things are building. What does it take do you think in your estimation to get to us point where we can the the things you are talking about. Back away, look at the facts. Have cohesive and open conversations with one another . We have to ask yourself where are we finding our truth as a nation . Where is our morality set . Is it set from spiritualty . Set from the word of god . Or are we just leading off of emotion . We know some of the things are injustices. We need to stand against them. We cant highlight one or two or five instances across the nation and ignore the other justices in the land. We cant highlight one situation over another. I mean we have people getting killed by the hundreds e every week. Throughout our nation and shot. Murders and the shootings that are going through the inner cities. All of that all of that is violence. It shouldnt matter just because the Police Officer pulls the trigger or regular citizen pulls the trigger. We should all be here standing up to unite against protecting life. Bringing justice and liberty and morality back to the nation. But to use the type of the situations to divide us. By going out, yelling and screaming. Saying black lives matter. Blue lives matters. Creating all of this division is not helping the nation. So until we take a step back to see each other as one blood as the bible teaches us and look at each over for probes and sisters and not just talk about it but mean it. We will start to value every situation. I dont think there is any Police Officer out there. I dont think there is an american out there that doesnt want true answers to this. You saw senator rand paul who stood up to stop the noknock warrants. Even he is harassed in street after leaving the white house. So these are the examples sometimes we fight against the people that already agree with us. That is just not the american way. America was built on unity around the flag. Around our nation. Under god. Harris is that is such an important point you make. You know we are already talking about things that we should agree on. I want to hit something you said there because i have been saying it since the death of little 8yearold turner in atlanta who died at that wendys. It was several nights after brooks had been killed there. Her mom was trying to drive around a poorly lit and some signage by protesters and where you can and cant drive there if you are protesting. Someone fired. That child ended up dead. And you know, the question then becomes why does that not get the kind of coverage that death by person who happens not to be black, who is a Police Officer gets . As two people of color on the screen, i think that is an honest question to ask. Because in addition to making the National Guard ready to prepare them in kentucky for whatever the adjudication of this case ahead will look like with the charges will look like today, they were readying forces on the ground in chicago in case there was some sort of reaction there. My goodness, there have been weekend after weekend after weekend after weekend after weekend of shootings and deaths there before Breonna Taylor an george floyd. I mean we have been looking at a situation of the blackofblack crime, oh, my gosh, for so many years. That matters or it doesnt. Is it a choice . Does it only matter with someone who doesnt resemble you that ends in murder . Or doesnt all of it count . Unity is not mutually exclusive between a black shooter or a white shooter. Unity means that we want all people to be unified. Love does not mean you love one color or the other color or you look at something if it is committed by one race or one segment of the population. Love is love. Unity is unity. I think as a nation you make a great point. We all need to hold ourselves more accountable. Hold ourselves more accountable to seeing things in fairness and not for a political debate. Not to pick sides. Really the promotion of victimhood is really what you are seeing right now. We cant promote only things that fit victim narrative. We have to promote things that count for accountability and discipline. I dont mind to go to a group of black men with the pants hanging down, carrying dope or carrying guns. As a black man i dont have a problem telling them to pull the pants up and they need to act right. We need accountability and discipline. That is what real leadership does. Just like the Police Officers. If you are a Police Officer now you should tell any other Police Officer that is a bad apple or that are doing things to bring a bad name to the cops. The cops should hold them accountable. We have to do our part as americans to hold each other accountable. We have to soft being so soft that we want to tell everyone what they want to hear. We have to stop appeasing and start leading. Harris jack, thank you for being on the program today. As we react to the kentucky situation where Breonna Taylors case now is moving forward. One of the three Police Officers who were looked at, the exdetective hankison charged with three d felony charges of wanton endangerment in the loss of her life. Were now awaiting the kentucky a. G. To speak after that grand jury indicted. As soon as this begins, we will take you live to the lectern there. I want to bring in scott bolden, an attorney and the former chair of the national bar association. We had a mistake earlier with cleanup of the legal guest and i will continue the cleanup of that. Its important to get the charges right in this. You were already booked on the program to talk politics and ill lean on you in a legal way. Break it down what hankison is facing . Let me let you do that. While you do that i am collecting more facts on what is coming down as the information about hankison. Your prior legal guest in all fairness to him, it sounded like manslaughter to me also. I didnt hear murder charge. As a former prosecutor from new york city, wanton endangerment is a charge independent. Its not a lesser included on the murder or manslaughter. Its wanton endangerment. In new york, several other jurisdictions including d. C. We call it Reckless Endangerment. Its a d felony compared to the a, b c or d. Its a d felony. Not charged with the murder or manslaughter and he gets one to five years max. If he charged with three, he could get it consecutively or they could run together. If he charged, if he is convicted. He has not been convicted yet but i expect people to be completely dissatisfied with the indictment whether the a. G. Presented the case for the dine itment for wanton endangerment or whether it was an investigatory grand jury that came up with this charge. In other jurisdictions this would be a manslaughter. But every state has the unique charging system. Harris all right. Scott, well go straight to the News Conference now. The Kentucky Attorney general. Lets watch. Last month, to meet in person with her and other members of miss taylors family, including ms. Bianca austin and jeniyah palmer. I want to again public by express my condolences. Every day the family wakes up to the realization that someone they loved is no longer with them. There is nothing i can offer today to take away the grief and the heart weak the family is experience heartache the family sex pearancing as familiar ifamily is experiencinr losing a niece, a child, a friend. But i can provide the facts which my office has worked long and hard to uncover, analyze, scrutinize since accepting this case in midmay. I urge everyone listening to not lose sight of the fact that a life has been lost. A tragedy under any circumstances. The decision before my office as a special prosecutor in this case was not to decide if the loss of miss taylors life was a tragedy. The answer to that question is unequivocally yes. There is no doubt that this is a gutwrenching emotional case and the pain that many people are feeling is understandable. I deeply care about the value and sanctity of human life. It deserves protection. In this case, a human life was lost. We cannot forget that. My job as a special prosecutor was to put emotions aside and investigate the fact to determine if criminal violation of state law resulted in the loss of ms. Taylors life. This included examining the action of the sergeant Jonathan Mattingly, detective Brett Hankison, and detective myles cosgrove. The three officers who fired their weapons in the Early Morning hours of march 13. Working with the federal partners on this case it was determined while we would share information to advance our respective investigations we must also maintain some level of the separation to ensure the integrity of each investigation. When examining potential civil rights violation we determined any such violation are better addressed through federalled investigation. Issues involving potential criminal acts concerning the shooting are better addressed by a stateled investigation. With this in mind our investigation focused on the events that took place in ms. Taylors apartment on march 13. In the month since taking the case, dedicated team of the prosecutors and investigators with more than 200 years of combined career experience conducted a thorough investigation to better understand the events that led to ms. Taylors death. The team is here with me today. I want to personally and publicly thank them for their tireless work. These men and women are true Public Servants for months have shown up every day with a desire for one thing. That is to seek the truth. We decided while we would examine materials gathered by lmpd Public Integrity unit, we would need to conduct the own independent investigation and start from scratch in interest of thoroughness, fairness and finding the truth. No video or the body camera footage of the officer attempted execution of a search warrant at ms. Taylors residence. It begins when the area patrol officers arrive at the location. The sequence of events had to be pieced together through the ballistic evidence, 911 calls, the Police Radio Traffic and interviews. We utilized information from the kentucky state police, local medical examiners as well as working with the f. B. I. Crime lab in quantico to secure a trajectory analysis and ballistics report. The team conducted interviews in this case. And spent thousands of hours examining all of the available evidence. We concluded the last interview in this case this past friday. Began the grand jury presentation on monday. As long as its making its way through the legal system i can only speak of the general terms of the investigation and findings. I am prohibited by the professional rules of Public Comment to make Public Comments that could prejudice the case as it moves forward. Each has different rules of the prosecutors can and cannot say. The kentucky rules are clear im prohibited from making the comments to sway Public Opinion or heightened the public combination of those involved in the case. These are the crucial rules to ensure due process under the constitution. When prosecutors prematurely release information about the case through the public, can risk justice by poisoning the jury pool, violating the accused rights to a fair trial, and even jeopardizing the final verdict. The success of our legal system is predicated on the principle that the accused is innocent until proven guilty. Despite passions, opinions, desire for every detail to be known, the rule of law must apply. Justice must be done. In the Early Morning hours of march 13, officers from lmpd executed a search warrant at 3003 springfield drive. Apartment 4. This was ms. Breonna taylors residence. The officers were ald vised by superiors to knock and announce their presence in serving this specific search warrant. Scope of the investigation did not include the attainment of the warrant by the lmpd criminal interdiction division. Federal Law Enforcement partners are conducting that investigation. Sergeant mattingly and detectives cosgrove and hankison had no known involvement in the proceeding investigation or obtainment of the search warrant. They were called in to duty as the extra personnel to effectuate the service of the search warrant. They only had information conveyed to them in their prior briefing. They knock and announced the presence at the apart. Their statement are corroborated by an independent witness near to the proximity of apartment 4. In other words, the warrant was not served as a noknock warrant. When the officers were unable to get anyone to answer, or open the door to apartment 4, the decision was made to breach the door. After breaching the door, Sergeant Mattingly was the first and the only officer to enter the residence. Sergeant mattingly identified two individuals, standing beside one another at the end of the hall. Male and a female. In his statement he says that the male was holding a gun. Arms extended. In a shooting stance. Sergeant mattingly saw the mans gun fire, heard a boom. Immediately knew he was shot as a result of feeling heat in his upper thigh. Kenneth walker fired the shot that hit Sergeant Mattingly. There is no evidence to support that Sergeant Mattingly was hit by friendly fire from other officers. Mr. Walker admitted that he fired one shot. And one the first to shoot. In addition to all the testimony, the bah lostics balls report shows the round that struck Sergeant Mattingly was fired from a. 9millimeter handgun. The lmpd officers fired. 40caliber handguns. Sergeant mattingly returned fire down the hallway. Mattingly fired six shots. Almost simultaneously, detective cosgrove also in the doorway, shot 16 times. This all took place in a matter of seconds. In total, six bullets struck ms. Taylor. Medical evidence obtained by the team indicates that only one shot was fatal. Further medical evidence shows ms. Taylor would have died from the fatal shot within a few seconds to two minutes after being struck. Detective hankison fired his weapon ten times including from an outside sliding glass door. And through a bedroom window. Some bullets traveled through apartment four and in to apartment three before some exited that apartment. At the time, three residents of apartment three were at home. Including a male, pregnant female, and a child. There is no conclusive evidence that any bullets fired from detective hankisons weapon struck ms. Taylor. The ballistics analysis did not identify which of the three officers fired the fatal shot. After receiving that information, i asked the f. B. I. Crime lab to conduct its own analysis to see if they reach the same results. The f. B. I. Ballistics analysis concluded the fatal shot was fired by detective cosgrove. Our officer looks to both reports to determine if there were major differences in the procedures used by each lab that would have led the f. B. I. To identify who fired the fatal shot. Both Law Enforcement agencies used similar equipment and analysis. Each lab is highly respected for their work. There was nothing our investigators could point to nor anything provided by the respective agencies that directly explains why one lab made the call while another did not. I think it is worth repeating that they found mattingly and cosgrove were justified in the use of force after having been fired upon by kenneth walker. Secondary to this justification,the ksp and the f. B. I. Ballistics analysis reached different conclusions to create reasonable doubt in the evidence about who fired the fatal shot. I certainly understand the publics desires for answers and many have questioned the length of the investigation. Simply put, we had to try every means necessary to determine who fired the fatal shot before the investigation could be completed. With a thorough and complete knowledge of all the evidence collected in this case, lawyers with the office of special prosecutions presented the findings of the independent investigation before a grand jury comprised of Jefferson County residents beginning on monday. Concluded today. In fletcher v. Graham the kentucky Supreme Court says that the grand jury has competed but balanced functions. On the one hand the purpose is to investigate allegations of the criminal conduct and determine if there is probable cause to believe a crime has been committed. On the other, the grand jury serves to protect the public against unfounded criminal prosecutions where probable cause is lacking. The grand jury is unique in the criminal Justice System because itpe