Thursday, September 24, 2020

Taylor Indictments: Walker Defense Lawyer Speaks


 

There are two points here that I think need addressing.

First, the issue of the witness that said he heard the police announce themselves vs. the claims of neighbors that they did not hear police announce themselves (just banging on the door). I think this will be an important, if not THE important point in the civil trial. Particularly with the lower burden of proof ("more likely than not" vs. "reasonable doubt" for criminal cases).

With the reports saying that the police had no body-cams and thus far no other video evidence produced publicly, we have a case of 'they say" vs. "he said". I would think that Walker would likely win on this particular issue.

The second issue is his claim that Taylor's killing is not covered under Kentucky law for self-defense. I think that he is incorrect. Self-defense is based on what the person who is making the claim, perceives. If the police made a lawful entry to the Taylor residence and were met with gunfire, then they have an iron-clad claim of self-defense. That Taylor was caught in the crossfire between Walker and the police doesn't make for a homicide. Apparently, a grand jury came to the same conclusion.

We CAN and should argue about whether the entry was constitutional. Note I didn't say "legal". As I posted yesterday, I believe no-knock warrants are inherently unconstitutional. I believe Paul Ryan has put forth legislation to that effect and anyone serious about this issue should support him regardless of party affiliation or other ideological leanings.

The attorney here pre-supposes illegal entry. If it was an illegal entry then Taylor's killing WOULD be a homicide on the part of the police officers involved.

Lastly, I'm going to go back to what I said yesterday. Taylor's address was a known dropoff point for drugs. So this is not a story of 'wrong house" or even "wrong person".  Yesterday's reports said that Walker thought it was the ex-boyfriend (who was having the drugs delivered to that address) who was trying to break in. One would have to ask whether this ex was a regular "visitor" and why. 

There are a lot of ways that this could go sideways for Walker.