LOUISVILLE, Ky. (WHAS11) – County Attorney Mike O'Connell says a Kentucky Court of Appeals opinion has "completely vindicated" LMPD Officer Jeff Eberenz.
O'Connell says this case dates back to an arrest made by Eberenz back in 2014. He says Eberenz was accused by a judge of intentionally lying on the stand while testifying in a DUI case about the use of his radar gun.
"The crux of this issue was a finding by Judge Stephanie Burke in the District Court that Officer Jeff Eberenz had lied, that he intentionally falsified his testimony in connection with a stop and use of his radar on the defendant in this case," O'Connell said.
In that case, a District Court found Officer Eberenz knowingly provided false statements to the court regarding the calibration and maintenance of his radar unit. Stating, "The court finds it extremely troublesome that Officer Eberenz proffered testimony that was false" and that it was almost without question that the officer knew his statements were false. A Circuit Court judge later upheld Judge Burke's decision, but Friday, the Court of Appeals reversed both.
"It has been extremely frustrating the last few years, and I am extremely happy that the record has finally been set straight," Ofc. Eberenz said. "It has had an impact on my career both professionally and at home, personally. It has been very difficult for my family to have to endure seeing me on the news with such an allegation, and I'm extremely happy that the record has finally been set straight."
The Court of Appeals order states there was obviously some initial confusion in the proper use of the words "calibration" and "verification," but that the record does not support that Officer Eberenz deliberately lied under oath.
"This is an example of a great police officer who is highly regarded by his colleagues, fellow officers in what he does who was told by members of the court of justice that he was a liar, that he lied intentionally, and I am grateful that this opportunity, he has had this opportunity to regain his credibility in his life back that he has had to endure under this malicious attack by the judiciary on his character and on his credibility," O'Connell said.
O'Connell says the appellees, Judge Burke and the suspect in the DUI case, would be able to appeal this decision to the Kentucky Supreme Court.
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