The suit, filed Wednesday in Jefferson County, claims officers involved in the raid had been issued body cameras that were programmed to activate automatically in circumstances like those in play during and after the raid.
But signals from police vehicles near the scene could have triggered cameras used by the department to start recording automatically, the lawsuit claims, meaning more footage may exist.
“There is a reasonable basis to believe that misinformation has been presented to the general public regarding the usage of body cameras by several members of the LMPD.”
Louisville Metro Police Department does not comment on pending litigation, it told CNN on Thursday.
Request yielded some bodycam records, suit says
Attorneys filed the latest suit after they filed an open records request June 1 to Louisville police, seeking body camera audit trail logs for police department members in March 2020, according to the complaint.
The audit trail identifies the time the footage was recorded; the user; the device name, ID and serial number; plus the identity of anyone accessing footage, the time it was accessed and how it was handled, the suit states.
As of Tuesday, the attorneys had not gotten the requested information, though a police department employee had indicated by email on June 14 the task would take three weeks, according to the suit.
The police department previously shared in response to a records request a list of its current or former members who’d been issued body cameras on or before March 13, 2020, when Taylor was killed, the suit indicates.
“Assuming that body cameras were docked following Breonna’s killing, and that there was no tampering of the devices or associated storage prior to the docking, audit trails should assist in verifying whether Metro has been truthful to the public regarding the existence of footage,” the lawsuit states.
“It is critical to know whether local government is being honest with the community regarding issuance and usage of body cameras,” it states.
“Breonna’s family has a right to the records,” its lawyer, Sam Aguiar, told CNN in a statement, adding he’s “tired of the administration playing their games when it comes to open records.”
Taylor was gunned down at night in her apartment by three officers of the city’s police department after they forced their way in with a no-knock warrant. She had fallen asleep in bed with her boyfriend, who thought the officers were intruders and opened fire. Officers returned a barrage of bullets, fatally shooting Taylor.
CNN’s Ray Sanchez, Michelle Krupa, Nicquel Terry Ellis, Jason Carroll and Faith Karimi contributed to this report.