Judge denies ‘emergency relief’ for Lexington councilwoman accused of sexual assault
A Kentucky Court of Appeals judge has declined a request from Lexington Fayette-Urban County Councilwoman Brenda Monarrez for “emergency relief” from a protective order that prohibits her from going to city hall.
The three-year restraining order, filed Oct. 16 by Fayette Circuit Judge Traci Brislin, is in response to accusations that Monarrez sexually assaulted fellow Councilwoman Denise Gray on multiple occasions, including most recently in August.
In addition to banning her from the government center, the order bars Monarrez from contacting Gray or going within 500 feet of Gray’s home.
On Tuesday, Monarrez asked the appeals court to vacate Brislin’s order, saying she is suffering “irreparable harm” because she’s being impeded from doing her council work, and the situation is being used against her during the final days before the Nov. 5 election.
An attorney for Monarrez also argued that Brislin should recuse herself from the case.
The request was made in the form of a “petition for a writ of prohibition.”
However, appeals Judge Kelly Mark Easton wrote in an order Friday that he “will not grant emergency relief where it appears this Court’s jurisdiction to do so may be lacking.”
He wrote that Monarrez should have filed a separate motion for an emergency order, and he noted that she had not filed an appeal.
He also said she could have asked the chief justice of the Kentucky Supreme Court to disqualify Brislin back in August, but she didn’t.
Easton noted that the hearing on the protective order was “unusually long ... for such cases.”
Gray has said Monarrez tried to kiss her and grabbed her crotch after the two went out to dinner Aug. 1. She also says that in October 2021, she invited Monarrez to her birthday party, and that Monarrez gave her multiple drinks, then offered to drive her home. Instead, Gray said, she lost consciousness and woke up at Monarrez’s home, as Monarrez was performing a sex act on her.
“The parties were heard on the petition for an IPO several times, and the family court made the required findings of fact, including the risk of another assault in the future,” Easton wrote. “Evidence was presented about another event well before the current allegation. With the evidence presented to the family court, the IPO does not appear so obviously wrong that this Court should grant extraordinary interim relief.”
Easton also said Monarrez “is not prevented from doing her job as an LFUCG councilperson” because she can still work remotely.
Monarrez has been attending council meetings virtually since a temporary protective order was issued against her in August.
Though he declined to grant emergency relief, Easton said the case would be assigned to a three-judge panel after the time for a response from Brislin and Gray has elapsed.
No criminal charges have been filed against Monarrez, but a detective for the Lexington Police Department has said it is investigating.
Monarrez is running for re-election in Lexington’s 4th District. Her opponent, Emma Curtis, has called for her to resign, saying she “is no longer legally allowed to fulfill even the most basic responsibilities that come with being a council member.”
In a statement Saturday, Curtis said in part, “every day she chooses to remain in office is another day she chooses to deny the people of our district representation in City Hall.”
“It’s telling that in the final days of this race, Ms. Monarrez isn’t out in the community talking to voters about fixing Nicholasville Road, lowering the cost of housing, or any of the other issues impacting the 4th District,” Curtis wrote. “She’s attacking our justice system, wasting taxpayer money to pull last-minute campaign stunts, and yelling on social media about her legal issues.”
In a statement Thursday, Monarrez denied any sexual abuse or misconduct and reiterated her commitment to serving the community.
“During the recent hearing, I testified and denied each allegation made against me. It was also brought to public light that my accuser had continued to spend time with me numerous times over the past three years. I ask the residents in my District to consider whether, as a matter of common sense, such actions truly align with the nature of the allegations against me.
“While the court has issued a protective order, I want the public to know that this decision is being legally challenged. I am fully committed to challenging this ruling and believe that, through the legal process, truth and justice will ultimately emerge. History has shown us that judgments can sometimes be incorrect. Please be mindful that initial rulings don’t always reflect the truth. I am confident in my innocence, and I am dedicated to pursuing justice based upon truth.”
This story was originally published November 2, 2024 at 5:45 AM.
