A Fayette Circuit Court judge ruled Wednesday Lexington Councilwoman Brenda Monarrez sexually assaulted fellow Councilwoman Denise Gray and entered a three-year protection order barring Monarrez from contacting Gray.
Additionally, Monarrez must remain 500 feet from Gray’s home and the Lexington government center, where both council members work.
Fayette Circuit Court Judge Traci Brislin made the ruling after a seven-hour Wednesday hearing that ended around 8 p.m.
“I believe an actual sexual assault occurred, and it may occur again,” Brislin said. “The court believes that this has happened on not one, but two separate occasions.”
Sexual assault under state statue also includes sexual abuse. No criminal charges have been filed against Monarrez.
It was not immediately clear Wednesday evening if Monarrez will continue to work from home and appear virtually during Lexington-Fayette Urban County council meetings.
Edward Cooley, Monarrez’s attorney, said after the hearing they are considering appealing Brislin’s decision. Cooley said it’s not clear how Monarrez will fulfill her duties on council while the protection order is in place.
Cooley said they will speak the Lexington-Fayette Urban County Government.
Gray and Monarrez testified during the Wednesday hearing to determine if a temporary protection order granted in August should be made permanent.
Gray wrote in an Aug. 8 petition for an interpersonal protection order Monarrez had been sexually aggressive towards her on two occasions over three years.
An interpersonal protection order is a civil order that protects a victim from someone accused of abuse or harassment.
A Lexington Police Detective testified Wednesday the case is under investigation.
In the complaint, Gray, 45, wrote on Aug. 1 the two first-term council members went out to dinner. Monarrez, 52, allegedly tried to give Gray alcoholic beverages. When Gray dropped her off, Monarrez “tried to kiss me. I tried to push her away repeatedly,” the complaint said.
Monarrez then tried to grab her crotch, she said.
“I was afraid and upset,” Gray said in the complaint. Gray said she yelled at Monarrez and Monarrez eventually went inside her home.
“I have never given her consent to touch me in any sexual manner,” Gray said in the complaint.
During Wednesday’s hearing, Gray, who sometimes cried during her testimony, said Monarrez kept leaning in to her on the drive from J Alexander’s, where they dined and had several drinks, to Monarrez’s home.
“Bitch. Are you leaning? Why are you leaning over here?” Gray said.
After she shoved Monarrez aside, she said Monarrez then reached over to touch her vagina through her clothes.
Gray also wrote in the Aug. 8 complaint that in October 2021, she had a birthday party and invited several friends, including Monarrez. In the complaint, Gray said, “She provided drink after drink (and) offered to drive me home to my house. As she was driving, I lost consciousness.”
Gray wrote when she woke up at Monarrez’s home, Monarrez was performing a sexual act on her.
Gray said the next morning, Monarrez eventually took her to her car that had been left at a bar called Cocktails, where the two had spent much of the night.
Gray said she admitted to socializing with Monarrez multiple times after the October 2021 incident. She said she felt she had done something wrong.
“I thought it was my fault,” Gray said through tears Wednesday. “I didn’t say anything because I thought it was my fault. I’m Denise Gray. I am strong. I am smart. I don’t ever put myself in situations where I’m out of control.”
Gray called Councilwoman Shayla Lynch directly after the Aug. 1 incident. Lynch testified Wednesday Gray was so upset she was worried about her driving and made her pull over so she could tell her what happened.
Lynch, a lawyer, is also the former executive director of Ampersand Sexual Violence Resource Center, which provides services to victims of sexual assault. Lynch encouraged Gray to report the incident and also referred her to services for sexual assault survivors.
“She was very, very upset and was blaming herself,” Lynch said. “I encouraged her. It was not her fault. She was the victim here.”
Under cross-examination, Cooley asked Lynch how often Lynch, Monarrez and Gray socialized. Lynch said all three socialized outside of the city government center, often getting dinner and drinks together.
Cooley also asked Lynch if Gray kept liquor in her office.
Gray did, Lynch said.
“Does she drink during work?” Cooley asked.
“Sometimes,” Lynch said.
Gray admitted during her testimony that she sometimes takes CBD gummies, which are legal, but said she did not take marijuana gummies. Gray said she takes them to help her sleep and she has an anxiety disorder.
Monarrez said Gray also asked her to get marijuana gummies when Monarrez went to Chicago. Recreational marijuana is legal in Chicago.
Gray said after the August incident, she went to Mayor Linda Gorton and Chief Administrative Officer Sally Hamilton. Both told her because she’s an elected official making a complaint against another elected official, there was not anything human resources could do to protect her.
She eventually went to the Lexington Police Department and filed the protection order.
Monarrez denies assaults happened and blames Gray’s drinking
Monarrez testified Wednesday neither incident occurred and Gray was intoxicated on both occasions.
Monarrez testified Gray had driven Monarrez’s car after they had multiple drinks on the night of October 13, 2021, to her then boyfriend’s house at 3:30 a.m. in the morning. Monarrez said the plan was for Monarrez to stay with her boyfriend that night and Gray would take her car to Gray’s home.
Her boyfriend did not come to the door so Gray drove them to Monarrez’s home, Monarrez said.
Monarrez said when they got to her home, she put Gray in her daughter’s bedroom, who was away at college. She slept in her own room. She took her son to school and then came back and took Gray home.
Cooley said the two had met more than 30 times between the October 2021 incident and the August incident and Gray never spoke about the October incident. The two even went to two musicals in Louisville and Cincinnati alone.
Monarrez said Gray never spoke to her about the October 2021 incident.
Cooley produced text messages between Monarrez and Gray just a day after the October 2021 incident.
Monarrez said Gray was angry with her on the night of Aug. 1 because she would not go with Gray to another bar after leaving the J Alexander restaurant.
In her ruling, Brislin said it’s common for victims to return to their abusers.
“It’s a trauma response,” Brislin said.
Monarrez has attended council meetings virtually and has worked from home since an Aug. 20 hearing when Brislin ordered Monarrez to stay away from Gray and the city government center.
The hearing comes less than a month before the Nov. 5 general election.
Monarrez faces challenger Emma Curtis in the race for the 4th District, which includes neighborhoods south of New Circle Road between Nicholasville and Tates Creek roads.
Gray, who represents the 6th District, has no opponent in the general election. Council races are nonpartisan.
This story will be updated
