Piagentini trial: Attorneys rest their cases, prepare for closing arguments

Louisville Metro Council Court resumed a public hearing Tuesday to weigh the removal of member Anthony Piagentini.

The hearing comes after the Ethics Commission's findings last year that Piagentini violated the ethics code.

There was a 10-day break from the trial because the Charging Committee's attorney, Kent Wicker, had a conflict. In the first week of Piagentini's trial — with a day break for the regularly scheduled Metro Council meeting — the Council Court heard testimony from six witnesses.

The trial is set to continue this week. There is no set end date.

Day Six: Piagentini's attorneys rest their case

Attorneys for Piagentini and the Charging Committee have rested their cases and finished calling witnesses in the public hearing.

Next, attorneys from both sides will give their closing arguments. The Council Court will then convene for deliberations, and eventually council members will cast their votes on whether to remove Piagentini, which would take a two-thirds vote.

There are 26 members of the Metro Council, including Piagentini. Eighteen people will be required to vote "yes" for removal, Sarah Martin, the civil division director for Jefferson County attorney Mike O'Connell, previously told The Courier Journal. Piagentini will not be allowed to vote.

More: What would happen if Anthony Piagentini is removed from Louisville Metro Council?

Metro Council President Markus Winkler said he hopes to determine the dates for closing arguments soon and feels "confident that we will not meet tomorrow."

Here are other notable moments from the sixth day of the trial:

• Piagentini is no longer working for the CEO Council. His contract ended around November 2023, said CEO Council senior advisor Rick Remmers. When asked by Councilwoman Shameka Parrish Wright why his employment did not continue, Remmers said, "I was told Anthony decided not to renew his contract."

• When Piagentini worked for the CEO Council, he reported to Tammy York Day, said Joshua Williams, the vice president of strategic innovations for the CEO Council. York Day is the chief executive officer of the CEO Council and was a witness during the Ethics Commission trial.

• Williams denied the American Rescue Plan grant impacted the $35,000 bonus he received in March 2023, saying it was "the same bonus that I negotiated back in 2021."

• Councilwoman Betsy Ruhe asked Williams at what point he remembered hearing Piagentini being a possible member of the CEO Council. Williams said he is "terrible with dates" but that it was "right when he started" around "November."

Day Five: Piagentini controversy involved pressure from fellow council members

Winkler and Councilwoman Cindi Fowler testified they felt pressure from Democrats and Republicans at the onset of the Piagentini controversy.

Winkler and Piagentini worked together on the workforce development-focused workgroup to allocate American Rescue Plan money. Someone, whose identity Winkler said he did not recall, told him if he did not file the ethics complaint he wasn't "a true Democrat."

But Winkler received pressure "on the other side," too.

"There was pressure from people on the other side that said, 'If you file this resolution, we'll start taking action against Democrats and file a corresponding complaint,'" he said.

After a line of tense questioning by one of Piagentini's attorneys, J. Brooken Smith, Fowler — chair of the Charging Committee — said she had an off-the-record conversation with Ethics Commission investigator Jim Griffin. Smith asked her why she did not want that information to be publicly disclosed.

Fowler said she didn't want to be scrutinized for recording a conversation between herself and fellow council member Kevin Kramer.

"I don't want people to think I go around videotaping people's conversations because I don't," she testified. "Because Councilman Kramer went on to say that, 'If you bring ethics charges against Councilman Piagentini, then we might have to bring ethics charges against some of your members.' And at that point, I started recording the conversation because I thought that was pretty bad."

Smith asked to play a copy of the recording, but the request was denied after an objection from Charging Committee attorney Kent Wicker. When asked for comment, Kramer said he is unable to discuss the trial.

According to a document provided to the media by Majority Caucus communications director Kyle Ethridge, all members of the Council Court "will not give interviews, nor may they provide commentary on the proceedings, until after a final ruling has been made by the Council Court and the hearing process has been totally completed."

This is to "ensure a fair and objective proceeding."

Here are other notable moments from the fifth day of the trial:

• Piagentini was called to the witness stand. He exercised his Fifth Amendment right to remain silent and did not answer any questions. Smith said he would recommend that Piagentini exercise this right on the first day of the hearing.

• Ethics Commission investigator Jim Griffin said he contacted a member of the FBI about the Piagentini investigation during a cross-examination by one of Piagentini's attorneys, Michael Swansburg.

• Fowler told Griffin in their interview — before the Ethics Commission trial — that she believed Piagentini had violated the ethics code.

• Winkler testified he was first interested in the Healthcare CEO Council's proposal and brought it up with Piagentini.

• Winkler said he was "very surprised" when he found out Piagentini had accepted a role with the CEO Council.

• Ken Hillebrand, the director of the Louisville Accelerator Team — the group tasked with assisting workgroups to determine how to spend American Rescue Plan money — was called as a witness. He said in late January 2023 Piagentini attended meetings with members of the Metro government in his role as an analyst for the CEO Council.

Here are the highlights during the first five days of the trial.

How did we get here?

Piagentini has been accused of using his position to land a $40 million grant for the Louisville Healthcare CEO Council, a nonprofit, to receive federal American Rescue Plan money. He removed himself as a sponsor of the ordinance and did not vote on it at the Dec. 1, 2022, Metro Council meeting, citing a conflict of interest.

The day after the vote, he accepted a one-year consulting position with the organization, Louisville Public Media originally reported.

Kevin Fields, the president and CEO of Louisville Central Community Centers Inc., which also applied for the grant, filed a complaint alleging Piagentini violated a city ordinance by using his position for personal gain, resulting in the ethics trial.

The Ethics Commission ultimately found Piagentini in violation of six ethics rules and recommended he be removed from office. Members of the Metro Council created a Charging Committee and the formal charges were read in front of the council. They added two criminal charges, making the total number of charges eight. Piagentini and his attorney, Smith, filed a motion to dismiss the criminal charges, but ultimately the Council Court voted to deny it.

Now, that court is set to weigh Piagentini's removal from office.

At least 18 members of the council would have to vote for Piagentini to be removed. If removed, Piagentini could appeal to Jefferson Circuit Court. He has already filed a lawsuit to appeal the Ethics Commission's findings.

Evidence and arguments will be heard by the Council Court, which will include all members of Metro Council besides Piagentini.

Check back here for updates on the hearing.

Reach reporter Eleanor McCrary at EMcCrary@courier-journal.com or at @ellie_mccrary on X, formerly known as Twitter.

This article originally appeared on Louisville Courier Journal: Piagentini trial attorneys rest their cases. Closing arguments up next