Brandeis grads part of Hispanic bias case garnering national attention

Brandeis School of Law graduates Shannon Fauver and Dawn Elliott, from Fauver Law Firm, are representing a defendant in a case that has garnered national attention in recent weeks because of statements made by Oldham County Attorney, John K. Carter.

In mid-October, Carter was heard saying that being Hispanic is probable cause to be pulled over by the police. His statements were picked up by the court video recording, and reported by The Courier-Journal.

The defendant, Mauro Martinez, was pulled over in Oldham County in July for speeding.

After Carter’s comments were audible, Elliott responded with, “I’m going to act like I didn’t hear that.” Oldham District Judge Diana Wheeler added, “I am too.”

Carter said there has been an increase in individuals driving with identification from foreign countries, and that his comments were in response to the citation itself.

“I thought they were talking about the cop not citing him with a speeding charge,” he told the publication.

Elliott responded, "Clearly he had an opportunity to clear that up on the record over 24 hours ago, but now there's buzz about it. My reaction and the judge's reaction speaks for itself. We certainly interpreted him talking about probable cause for my client's ethnicity."

Since this story first broke on Oct. 15, it has been picked up by national publications, including The Huffington Post.

A hearing is scheduled for Nov. 16.