Judge rejects moving trial of ex-officers in Floyd’s death

MINNEAPOLIS
(AP) — A judge on Thursday rejected defense requests to move the trial
of four former Minneapolis police officers charged in George Floyd’s
death, and also ordered that all four will be tried together instead of
separately.

Hennepin County Judge Peter Cahill ruled after defense
attorneys had argued that pretrial publicity had made it impossible for
the four men to get a fair trial in Minneapolis. They also cited a Sept. 11 hearing
in which the men and their attorneys were confronted by angry
protesters outside the courthouse, raising safety issues. Defense
lawyers argued that witnesses could be intimidated, and jurors could be
affected by chants from a crowd outside.

But Cahill said he was
not convinced that moving the trial would improve security, and that he
believes the jury can be protected from outside influences.

“No
corner of the State of Minnesota has been shielded from pretrial
publicity regarding the death of George Floyd. Because of that pervasive
media coverage, a change of venue is unlikely to cure the taint of
potential prejudicial pretrial publicity,” he wrote.

Cahill said
he was willing to revisit the issue if circumstances warrant. Moving the
trial away from Minneapolis to a less diverse area also likely would
affect the makeup of the jury, though the judge didn’t address that
issue. In a separate order, however, he said the names of the jurors
will be kept confidential, and that jurors will be fully sequestered
during deliberations and escorted to the courthouse as a group.

The
judge also ruled that the trial can be televised and streamed live,
saying cameras will ensure the defendants’ right to a public trial and
the public’s right to access during this time when spacing restrictions
due to COVID-19 leave little to no room for spectators.

Defense
attorneys also argued that the men should face separate trials, as each
officer tried to diminish his own role in Floyd’s arrest by pointing
fingers at the others. But Cahill rejected that too, saying the
complications of separate trials were too great and that trying the officers together would “ensure that the jury understands … all of the evidence and the complete picture of Floyd’s death.

“And
it would allow this community, this State and the nation to absorb the
verdicts for the four defendants at once,” he concluded. Cahill said the
critical evidence is the same for all men, and one trial would keep
witnesses from having to testify multiple times.

Floyd, a Black
man in handcuffs, died May 25 after Derek Chauvin, who is white, pressed
his knee against Floyd’s neck for several minutes even after he said he
couldn’t breathe. Floyd’s death sparked protests in Minneapolis and
beyond, and led to a nationwide reckoning on race. All four officers
were fired. They are scheduled to stand trial in March.

Chauvin is
charged with unintentional second-degree murder and second-degree
manslaughter. The three other former officers, Thomas Lane, J. Kueng and
Tou Thao, are charged with aiding and abetting both counts.

Tom
Plunkett, Kueng’s attorney, said in a statement that he is reviewing
Cahill’s orders. “My goal is to assure that a fair trial occurs for Mr.
Kueng. We are happy to have the orders so we can start preparing for our
trial and presenting the truth in front of a jury,” he said.

Defense
attorneys for Chauvin and Lane had no comment on the judge’s rulings.
Thao’s attorney did not return messages seeking comment.

Minnesota
Attorney General Keith Ellison, whose office is prosecuting the case,
praised the rulings as “another significant step forward” in the pursuit
of justice for Floyd and the community.

So did Ben Crump and
Antonio Romanucci, attorneys for Floyd’s family. They said Black
defendants rarely are granted change-of-venue requests and that the
officers “should rightly face a jury of their peers in the city where
this tragedy took place.”