After rape acquittal, former KY Justice secretary sues Lexington detective who charged him
Former Kentucky lawmaker and Justice and Public Safety Cabinet secretary John Tilley — who was acquitted of a rape charge in July — is suing a Lexington Police Department officer for defamation.
Sgt. Markell Heyward lied about evidence in the case to secure a felony charge against him, Tilley’s lawsuit alleges.
Heyward is being sued for malicious prosecution, abuse of process, state constitutional violations and defamation, court documents show. The 13-page lawsuit was filed Aug. 30 in Fayette Circuit Court.
Hannah Sloan, the spokesperson for Lexington police, said the department could not comment on pending litigation.
What happened in the investigation
Heyward charged Tilley with rape in April 2022 after a woman — identified in court documents as “B.D.” — told police she blacked out after a man she didn’t know gave her an alcoholic drink while she and a friend were visiting bars in downtown Lexington.
Tilley was acquitted of the charge this past July.
During the three-day trial, Tilley claimed the encounter was a consensual one-night stand, while prosecutors alleged the accuser was too intoxicated to consent.
During closing statements, Tilley trial attorney Steve Schroering placed the blame of “how we got here” on Heyward, calling the investigation “outrageous.”
Schroering alleged Heyward failed to investigate thoroughly.
Much of the testimony from Heyward centered around a photo taken the night of the incident which was used as evidence against Tilley to secure a warrant for a DNA swab and ultimately file charges.
“The consequences are ridiculous in the way this case came about,” Schroering said during the trial. “...There is not one piece of evidence in this case that shows she was not physically unable to communicate. None.”
The accuser said the night in question, she had taken a selfie with an unknown, older man who gave her a drink. After that, she said she could not remember anything.
Despite the man in the photo being dressed different than Tilley the night in question — and looking nothing like him — Heyward falsely swore that Tilley was pictured in the selfie, according to the lawsuit filed by Louisville attorney James Bolus.
Testimony at trial showed Tilley and the accuser did not come into contact with one another until after the photo was taken.
The lawsuit against Heyward claims he lied in his affidavit and failed to investigate further. Specifically, Heyward did not seek out video footage from the bars to determine who the other man was, or attempt to view more photos on the accuser’s phone.
Damages sought by Tilley
Tilley, an attorney, represented Hopkinsville as a Democratic member of the Kentucky House from 2007 to 2015. He also served as chair of the House Judiciary Committee.
He was appointed by former Republican Gov. Matt Bevin to serve as secretary for the state’s Justice and Public Safety Cabinet, a role in which he served for the entirety of Bevin’s one-term administration.
The lawsuit states as a result of the charges brought forth by Heyward caused Tilley “to suffer great and lasting humiliation and embarrassment,” as well as “dignitary harm.”
He is seeking an unspecified amount of monetary and punitive damages and a trial by jury.
A civil lawsuit filed by his accuser against Tilley remains ongoing.
The woman claims Tilley committed common law sexual assault, assault, battery and negligence. The Marriott Hotel where the alleged assault took place is also included in that suit, as are a few other people.
