Cop was accused of sexual misconduct as a Scout before joining force

Phillip M. Bailey | Courier Journal

Show Caption Hide Caption How the Louisville Metro Police sex abuse scandal unfolded Here's a quick timeline of events in the sex abuse scandal involving Louisville Metro Police's Explorer Scout program

Louisville police knew about allegations of sexual misconduct in the department's youth Explorer program as early as 2002, and it involved a Scout who became an officer now accused of abusing several teens in the program.

By an unanimous vote, Metro Council members unveiled a timeline of events on Thursday that shows then-Lt. Curtis Flaherty, who oversaw the program, knew of an incident involving a Scout, whose name is blacked out, and two females that took place in 2002.

Two sources who have seen the original timeline told the Courier Journal that the redacted name is former Officer Kenneth Betts, who participated in the Scout program and later worked as a volunteer in it after joining the police department in 2006.

Betts is facing criminal charges, along with former Officer Brandon Wood, stemming from allegations that they sexually assaulted juveniles in the program. Both have pleaded not guilty.

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The timeline says Flaherty submitted a written report to his superior addressing the 2002 allegation. It does not indicate what came of that claim or if an investigation was conducted.

Flaherty, who retired as a major last year, is named in several of the lawsuits filed by former Scouts against the city who allege he helped cover up abuse. He has denied any wrongdoing.

Flaherty’s attorneys did not immediately respond to a request for comment on Thursday evening about the 2002 incident.

Attorney Lee Sitlinger, who is representing Flaherty, said Friday that he couldn't comment on the specific claim in the timeline.

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"I can tell you generally that when all evidence has been revealed concerning the Explorer program, it will show that at all times, Maj. Flaherty responded promptly and appropriately whenever any possible complaint or allegation was brought to his attention," he said.

Betts' attorney, Brian Butler, declined to comment for this story.

The council also released several invoices that list interviews and other documents reviewed by former U.S. Attorney Kerry Harvey, who conducted a special investigation for the city into how police handled allegations of sexual abuse in the program, which was for youths interested in law enforcement.

Fischer's office, citing attorney-client privilege, had redacted portions of the invoices ahead of the release of Harvey's investigation last month.

The administration argued that those details shouldn't be released because of an ongoing criminal investigation into the sex abuse allegations. It also noted that a judge has sealed evidence in multiple lawsuits against the city filed by former Scouts.

The city's special review scrutinized Flaherty's role in a 2013 investigation into Betts, who was accused of sending improper texts to a 16-year-old female Explorer.

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Harvey’s report said Flaherty, who was in charge of the department's Public Integrity Unit, should have “immediately recused himself from the investigation” into Betts “and had no involvement.” It found that he contacted the girl's parents, who said Betts sent her a partially nude photo of himself and asked her to meet him to make out.

The report said that while its investigation found no evidence, Flaherty tried to dissuade the girl’s parents from cooperating with police. “He exercised questionable judgement in having any contact at all,” the report said.

Flaherty and Betts had a close relationship, according to several former Explorers in the program who spoke last year with the Courier Journal. The two had known each other since Betts was a teenager in the program, and Flaherty wrote a recommendation letter when Betts joined the force.

The timeline shows Betts was also accused of "forcibly" performing oral sex on a Scout in 2007, a year after becoming an officer. He is alleged to have abused eight different Scouts over the next six years, according to the document.

Harvey's report said there was no evidence that senior commanders covered up the 2013 investigation of misconduct. But his review found Louisville police made significant mistakes in how they handled abuse allegations.

The Public Integrity Unit, according to the report, should have consulted with prosecutors about allegations that Betts offered money for sex to a male Explorer Scout from another jurisdiction.

Louisville police also should have seen that Betts had a pattern of viewing other participants as sexual partners and expanded its initial investigation, the review said.

The review also faults Chief Steve Conrad for failing to seek Betts' termination over the 2013 investigation.

Conrad allowed Betts to resign in 2014, saying that firing the officer would halt his health insurance for treatment of a medical condition. The chief also said he was concerned the Police Merit Board, which hears disciplinary appeals for officers, could reverse his termination.

Betts' resignation made it more likely that he could get another job in law enforcement, the report said. Betts did become a police officer again; he later lost a job as a code enforcement officer for a small suburban city after he was indicted.

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Harvey told the council's Public Safety Committee this month that Conrad should have made a decision on firing Betts once the case was closed, without concern for the merit board's actions.

The review includes several recommendations about changes to the police department's structure and how to make the Explorer program safer, but city leaders have said there are no plans to revive it.

Fischer said Thursday that the chief provided his office with a list of those implemented changes, including ending youth ride-alongs, new conflict-of-interest policies and a five-year cap on service of officers in the Professional Standards and Public Integrity units.

"My goal from the beginning has been to find the truth, obtain justice for the victims and address any mistakes," Fischer said in a tweet.

"That’s why I initiated the Harvey review; asked the FBI’s Louisville office to investigate; ordered a separate review of all city programs that involve minors, which has led to new safeguards; and ended the Explorers program," he said.

Who's who

Steve Conrad: Chief of Police of the Louisville Metro Police Department since 2012

Kerry Harvey: Former U.S. attorney hired in March 2017 by Mayor Greg Fischer to investigate the handling of sex abuse claims in the police department's Explorer program and produce a report on his findings. Harvey was charged with creating a timeline of the case, outlining who knew what information, when they knew it and what they did or did not do with the information.

Kenneth Betts: One of two former LMPD officers accused criminally and civilly with the sexual abuse of youth in the Explorer program. He was under internal investigation in 2013-2014 regarding possible "improper contact" with an Explorer, but when he left the department in 2014, Conrad closed the internal administrative investigation. Betts has pleaded not guilty to two counts of sodomy, one of which carries a maximum penalty of 20 years.

Brandon Wood: One of two former LMPD officers accused criminally and civilly with the sexual abuse of youth in the Explorer program. The department launched an internal criminal investigation to Wood in October 2016. He was criminally charged in April 2017 and then fired. Wood has pleaded not guilty to seven counts of sexual abuse, each punishable by up to five years in prison.

Curtis Flaherty: A former LMPD major accused in civil lawsuits of helping to cover up alleged sexual abuse and harassment of youth by officers in the Explorer program. Flaherty, who oversaw the Explorer program for years and retired from the department in 2017, has denied any wrongdoing.

Greg Fischer: The mayor said he learned of an investigation into Wood in October 2016. In March 2017, after the Courier Journal reported details from the first civil lawsuit filed in the scandal, Fischer suspended the Explorer program and shortly after hired Harvey.

Reporter Phillip M. Bailey can be reached at 502-582-4475 or pbailey@courierjournal.com. Support strong local journalism by subscribing today: courier-journal.com/philb.