A King County judge on Tuesday denied a motion by attorneys for the family of a woman who was shot and killed by one of two Seattle police officers last year, in which they claimed the officer committed perjury. The judge also admonished the attorneys who filed it.
Seattle police officers Jason Anderson and Steven McNew shot and killed Lyles while responding to a burglary call at her apartment June 18, 2017. The officers say Lyles confronted them with a knife, and they opened fire.
The motion, filed on the one-year anniversary of Lyles' death, alleged Anderson gave false testimony about where he was standing when he fired his weapon at Lyles. The suit says these details are “significant,” because it disputes whether Anderson was trapped in the apartment with Lyles when she was killed.
Judge Julie Spector denied the claim Tuesday, writing in part, "Plaintiffs' counsel, Ms. (Karen) Koehler and Mr. Moore, intentionally filed a baseless motion, lacking any support from factual record or existing law, attacking the character and credibility of Defendant Officer Jason Anderson, at the cost of his right to a fair trial, on the anniversary of Ms. Lyles' death as a mean of garnering media attention."
The judge pointed out that the plaintiffs' attorneys notified the media about the new motion before notifying opposing counsel.
The ruling also points out the video expert the plaintiffs' used did not actually qualify as a video expert, and that the video he used is not reliable or credible expert evidence.
As part of the ruling, the judge has ordered the plaintiffs' attorneys to pay the defendants reasonable fees and costs associated with the filing of this motion. Judge Spector also ordered Koehler and Moore to re-review the court's civil rules and the rules of professional conduct.
Koehler responded with a one-sentence statement.
"With all due respect to the Court, we strongly disagree with the findings made and will request reconsideration," Koehler wrote.
Throughout his testimony, Anderson repeatedly said he was about four or five feet away from Lyles when he shot her. He maintained he was inside the apartment with his back to the closed door.
However, the motion alleged Anderson actually shot through an open doorway from the hallway, based on synchronized video and audio of apartment surveillance cameras and in-car video. The video and audio show Anderson in the doorway of the apartment at the only time gunshots are heard, according to the motion.
Synchronized videos by Seattle Police and an expert chosen by the plaintiffs are similar, according to the motion.
The motion also claimed the scene was not initially properly secured, and no photographs were taken between the time Lyles was shot and the fire department left, over 30 minutes later.
A Seattle Police force review panel found Anderson and McNew followed departmental guidelines during the incident. However, Anderson was suspended for two days, because he did not have his taser.
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