Prosecution: Video shows sexual encounter, not confession

jhewlett@herald-leader.comJune 10, 2011 

A video recording that was thought to contain a woman's confession that she was the driver who hit and killed a Lexington police officer showed only an "explicit sexual episode," according to the Fayette commonwealth's attorney's office.

The possible existence of a taped confession came to light Monday during a court hearing for Glenn Doneghy, who is charged with murder in Bryan Durman's death.

An inmate at the Fayette County Detention Center told a jail guard he had videotaped the woman talking about the fatal incident, Assistant Commonwealth's Attorney Lori Boling said at Monday's hearing.

One or more videotapes were retrieved Wednesday by Lexington police with help from the prisoner's attorney, according to a document filed by Commonwealth's Attorney Ray Larson's office in Fayette Circuit Court. Police transferred the information to a DVD and provided a copy to Doneghy's attorneys Thursday.

"Although the witness in question can be clearly seen on the video in what can only be described as an explicit sexual episode with another individual, there is no mention of the facts of this case whatsoever on the video," the commonwealth's attorney's court document said about the recordings that were retrieved.

Doneghy, 34, is accused of deliberately striking Durman with a vehicle on April 29, 2010, as Durman was investigating a noise complaint on North Limestone. Durman, 27, died a short while later.

"On June 6, 2011, the attorneys for defendant claimed, in open court, the existence of a videotape which contained some sort of a 'confession' and which 'would change things,'" the prosecutors' document said.

Defense attorney Kate Dunn objected to the prosecutors' wording.

Dunn said, "I reject the commonwealth's implication that I claimed the existence of the video."

"The defense never claimed anything as stated by the commonwealth in their notice," Dunn said. "The defense was informed by the commonwealth that there was a witness who claimed to have a video of the young woman making a statement that she was the person who had killed officer Durman. It is not my claim that the video existed."

Dunn said she simply asked in court on Monday for prosecutors to turn the video over to her.

After receiving the DVD on Thursday, Dunn said she asked Boling to contact the prisoner's attorney to see if there are any other tapes. The inmate has not been publicly named.

The woman on the recording, who goes by the nickname "Juicy," was interviewed by police on Nov. 10, 2010, according to prosecutors. Police apparently ruled out the woman as a possible suspect, Dunn has said.

DNA matching that of the woman was found on the steering wheel of Doneghy's Chevrolet Tahoe, the vehicle that authorities say struck Durman, Dunn said in court on Monday.

Doneghy's trial is scheduled to start on Monday.

Prosecutors asked Fayette Circuit Judge James Ishmael for a hearing to determine the admissibility of the recorded material retrieved Wednesday.

Reach Jennifer Hewlett at (859) 231-3308 or 1-800-950-6397, Ext. 3308.

Lexington Herald-Leader is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

Commenting FAQs | Terms of Service