We have no shortage of bad cops in this country but
what we do have is a shortage of consequences for those cop's bad actions.
Grand jury in Kentucky declined to charge a former
Louisville Metro Police Department officer who's been accused of sexually abusing and
coercing informants for years.
Let's pull up a picture of him.
This is a picture of former LMPD, officer Brian Bailey, and
according to his victims, he would arrest women on drug charges, and
then promise the women that he would make the charges go away if they would act
as confidential informants, and then also perform sexual favors for him.
Four women have accused Bailey of sexual assault, and
last year three of Bailey's victims won a $1.8 million settlement against
the Louisville Metro government because of it.
So why didn't the grand jury choose to indict Bailey?
Well, it definitely wasn't because of a lack of evidence.
WDRB News reported that police and
prosecutors have an alleged victim's shirt with Bailey's semen on it,
sexually explicit text messages he sent proof he coerced informants into
having oral sex with him in his police car, and sexual acts in his office.
They also confirmed Bailey lied in sworn testimony.
So Bailey is guilty of sin,
which is the reason he resigned from the LMPD in June of 2021.
So the jury chose not to indict him not because he didn't do what he's been
accused of, he definitely did it, but because of an antiquated Kentucky law.
So let's talk a little bit about that.
While police and prosecutors have clear evidence that Bailey sought sexual favors
from women he arrested on drug charges.
A Kentucky law in place at the time of the alleged crimes essentially prevented
the jury from indicting him.
A review of state law at the time the crimes were allegedly
committed showed the prosecution would have to prove the acts were committed
by forcible compulsion, meaning physical force or threat of force.
All Bailey's victims have accused him of coercion.
But because Bailey did not threaten them with physical force or used physical
force to have them perform sex acts on him the grand jury couldn't indict him.
Although Kentucky has since amended its crime statutes in 2021 to include
police coercion.
All of Bailey's crimes took place prior to that amendment.
So the grand jury could only make his determination based off the old law.
And the LMPD is just as guilty as Bailey is in this, because when one of his
victims filed a complaint against him with the department in 2016,
they didn't follow proper procedure in investigating it.
Take a look at some of the things that they did and didn't do.
The woman accused Bailey of touching her breast and
sending her pictures of his penis from his work cell phone.
But police never interviewed Bailey or looked at his phone.
Indeed investigators waited eight months before even asking
Bailey to talk about her claims.
When he refused, they closed the case saying the allegations were unfounded.
In addition, LMPD didn't open an internal investigation with its professional
standards unit, which is typical LMPD practice to do after
a criminal probe is complete to look for violations of police procedure.
If they had followed the proper procedures at that time,
Bailey would have been fired, which was explicitly stated by the now police chief.
But instead, he was allowed to continue using his position of authority to
sexually abuse women.
I mean, this is disgusting, and police covering
up the actions of other bad police it's just a story we hear far too often, but
it's really disappointing that this man is gonna escape accountability.
Cenk.
>> Yeah, so the reason why the thin blue line is a super dangerous
concept is because when they don't prosecute,
go after Bailey for what he did to the woman in 2016,
what they're telling Bailey is wink, go for a big guy.
There are no consequences.
We know the pictures on your phone, but we're not gonna ask for your phone.
We know that she reported, we're not gonna look into it for eight months.
We're gonna try everything to make sure that you can sexually assault other women.
And that you'll never be held responsible.
And so he took it as understandably as a green light.
Thin blue line protects me no matter what I do.
Okay, great.
And by the way, the laws in Kentucky apparently sucked.
So I can go and do this and get away with it.
And he was right.
And so he didn't have to pay the 1.8 million.
The government has to pay it, right?
And so he got away scot free.
Now think about how absurd the laws are.
So it has to be a force or threat of force.
Well, he said, I'm gonna put you in prison and take away years of your life.
That's a threat of a force, right?
I mean, if somebody said to you, hey, if you don't do what I'm asking you,
I'm gonna kidnap you, put you in a basement, not let you out for three years,
that wouldn't be force?
Of course, that's force, right?
So why is it not force in this case?
Well, I mean, golly gee, I'm trying to find every way I can to make sure the cop
can go free after he committed these atrocious crimes, right?
And what is this thing with charging them with sodomy?
Who cares what kind of sex they had?
The problem isn't the type, the issue is whether it's consensual or non consensual.
And it was clearly non.
So in 2021 until they passed a new law, and I'm gonna read you the new law,
it's not that much better, any cop could just say, okay,
you're going to prison, now, here you have to do every sexual thing I want, and
that was legal in the state of Kentucky?
That's insane.
So what's the new law?
Well, it says, it'll be a felony for a law enforcement officer to quote,
subject a person to deviant sexual intercourse under any circumstances.
Deviant, why does it have to be deviant?
What is wrong with you people?
No, he did this instead of that.
Okay, who cares what kind of sex act that was just, they're obsessed.
And why did the sodomy laws exist in the first place, not to protect women,
t was to discriminate against gay people.
Focus, focus, can the cops rape anyone they want?
As long as they have what, straight intercourse with them?
I don't know what the law, I can't.
Look, there's an excellent chance to right now if a cop rapes somebody in Kentucky,
but does it in a non deviant way they're gonna go, but what, what, what, what?
There wasn't a threat of force, just said that he'd put him in prison for 20 years.
There's no force there, and it wasn't deviant at all.
That's a good upstanding straight rapist cop.
This is insane.
>> The word deviant definitely feels like a loophole word there.
Just apart from everything, it's an odd word to include.
And Cenk you're right, and, and Rayey,
when you talk about it as a rape, it's so clear.
It's a violent act, and these cops investigate
themselves is also a huge problem, right?
I mean, in all the ways that Cenk said,
the cop never felt as though he was really threatened, anyway.
They didn't look at the pictures on his phone.
They didn't really do an investigation.
It was a wink and a nod to the kind of behavior that's probably going on in
potentially in other agencies,
because these agencies are investigating themselves.
And even those that set up, and usually these are big city cops,
their organizations set up that are sort of independent review panels.
Even there they can be in bed together, if you'll pardon the expression.
So, I see a lot wrong with this story, but certainly, by the way,
if you're gonna craft a new law, you don't make it retroactive.
I mean, they could have crafted a law that says, and
this will extend back to fill in the blank date.
They didn't do that.
They actually created a law that has a loophole word deviant in it.
It's brutal.
This is a crime of violence and it's intolerable.
>> Yeah, the one quick thing though, just to be clear,
you can't do a law that's retroactive.
>> You can't?
>> No. >> Why not?
>> Ok, well- >> How dare you curb my outrage?
>> Sorry, Mark.
[LAUGH] Just trying to be accurate, that's all.
>> All right.
>> Okay, but everything else is 100%.
>> [LAUGH] okay.
>> I was just saving Rayy.
Ray is about to become a lawyer herself.
Just saving her the trouble, I knew she was gonna say the same thing.
>> All right, thank you.
Ray I'm glad you didn't have to curb me on that.