| Docket: 20-5011 Opinion Date: January 20, 2021 Judge: Murphy Areas of Law: Civil Rights, Constitutional Law, Criminal Law |
| In 2007, Hudson was shot and killed in his Louisville apartment. Detective Roberts sought DNA testing for items at the murder scene. DNA on a hat came back “consistent with a mixture” from Lester, Baker, and an unknown person. Lester and Baker had been implicated by a witness. The case went cold. In 2012, Roberts interviewed Sullivan, an inmate who had contacted the police years before about the murder. Sullivan had dated Hudson and had been friends with Jasmine (the woman living with Baker,). She stated that Jasmine had told her that Baker killed Hudson “over money.” Roberts then interviewed Jasmine, who stated that, on the day of the murder, she, Baker, and “Desean” went to Hudson’s apartment. The men emerged from the apartment with bandanas covering their faces. Baker confessed that he murdered Hudson. Jasmine could not recall “Desean’s” last name and pronounced his first name differently from how Lester pronounces it. She identified Lester’s photo array picture as “Desean.” At trial, Jasmine distanced herself from her identification of Lester. The jury acquitted Lester. Baker was convicted after a second trial. Lester had spent 20 months in jail and three months in home confinement. After his acquittal, he sued Roberts and the Louisville Metro Government. The Sixth Circuit affirmed the summary-judgment rejection of malicious-prosecution claims against Roberts. The Fourth Amendment and Kentucky law required only probable cause for Lester’s pretrial detention and prosecution. Jasmine’s earlier identification of Lester, combined with corroborating evidence like DNA, met that standard. |
