Trial begins in LMPD officer perjury case

A Louisville Metro Police officer faces a jury trial this week, accused of intentionally misleading a grand jury about a man she said shoved her, cursed at her and attempted to flee arrest.

Prosecutors allege Officer Leslee Wagner perjured herself when she recounted to a January 2014 grand jury an altercation involving repo man Adam Hannahs, who attempted to repossess a car in her apartment complex's parking lot around 3 a.m. Sept. 5, 2013.

That testimony led to misdemeanor and felony charges against Hannahs, 35, of Lexington.

"Many of the things she stated happened that day simply weren't true. They didn't happen," said assistant commonwealth's attorney Emily Cecil. "Leslee Wagner has to create this whole story to justify her actions from that day."

Perjury allegations arose when a video of the incident recorded by Hannahs surfaced, highlighting discrepancies between the confrontation and Wagner's testimony.

But those inconsistencies were not intentional, said Wagner's attorney, Steve Schroering.

"You're also going to see she did not intentionally make one false statement to the grand jury," Schroering told jurors Tuesday in opening statements. "She made some mistakes in the minor details about what happened, but the guts of what happened is 100 percent accurate even four months later."

She and her husband — who was an LMPD officer at the time — were awoken by the sound of a car alarm at their home in the 11000 block of Perthshire Lane. Larry Wagner went outside first, and Leslee Wagner soon followed.

Hannahs was disturbing the peace by setting off the car alarm, and as a courtesy officer for the apartment complex, Wagner's husband was investigating the noise, Schroering said.

When confronted, the man was "extremely uncooperative," Leslee Wagner wrote in an arrest citation. He put his hands into his pocket where a knife was visible before he walked away cursing, she said, calling him "extremely irate" during the grand jury presentation.

Hannahs' recording shows Leslee Wagner brought out a badge after the altercation began, refuting her testimony that her husband showed his badge upon confronting Hannahs. Schroering said his client believed her husband did leave their home with his badge.

Wagner also testified that Hannahs responded to Larry's badge by cursing at the off-duty officers, saying, "I don't give a f---" and "That doesn't mean s---."

Hannahs does not curse in the video. He does say, "I don't care. Let's get a uniform, a uniformed officer." Schroering noted the man whose car was being repossessed, who was on scene, did once mention Larry Wagner was an officer.

In court Tuesday, Hannahs maintained he wasn't sure if the Wagners were actually officers, as they were dressed in pajamas, barefoot and acting as though it were their car being repossessed. He testified Leslee Wagner did flash a badge as she neared him but it was too dark to see clearly.

On the video, Wagner's husband asks Hannahs for identification and tells him, "There's two police cars. I'm going to bring you a badge. I'm going to bring you an ID card with my picture on it, and you're gonna give me an ID."

Hannahs repeatedly states he wants a uniformed, on-duty officer. The two go back and forth, with the Wagners both eventually yelling and pointing their guns at the man.

Leslee Wagner also told the grand jury Hannahs pushed her as he tried to flee. Hannahs testified Tuesday she did make contact with his forearm but he jerked it away and started running, believing he would be shot. In his opening statement, Schroering said his client was pushed, albeit off camera.

Neighbors who were eyewitnesses told police investigators they never saw Hannahs shove Wagner, the LMPD investigation found.

Prosecutors Cecil and Critt Cunningham also highlighted the Wagners' language toward Hannahs.

On the video, Leslee Wagner is heard cursing at the man when telling him to get on the ground. Later, once Hannahs is in handcuffs, Leslee Wagner is heard telling Hannahs she is going to shoot him in the face before using a slur against him.

Wagner's on-camera language was "rude, aggressive or improper," but that's not what the trial is about, Schroering told the jury.

Following an internal LMPD Public Integrity Unit Investigation that concluded Wagner's testimony was "at best, inconsistent with the video evidence," Wagner was charged with two counts each of first-degree perjury and false swearing.

The third-degree assault, resisting arrest and disorderly conduct charges against Hannahs were ultimately dropped.

Wagner, a 13-year veteran of the police department, is currently assigned to the Homicide Unit's Cold Case Squad. Her husband has since retired and does not face any charges.

The trial is set to resume Wednesday morning before Jefferson Circuit Judge Judith McDonald-Burkman with more prosecution witnesses. Wagner is eventually expected to take the stand.

Reporter Matthew Glowicki can be reached at (502) 582-4989 or mglowicki@courier-journal.com.