GUILTY MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20
- Thread starter Tippy Lynn
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RBBM
Agreed. There’s no logical debate here in my opinion.
YUP.
I’m curious too.
This (according to the majority of public opinion) is the case. What now? Same verdict? Same sentence? Is one more culpable than another? In the eyes of the law? As law is defined? ...
VERDICT AND FINDINGS OF FACT REGARDING AGGRAVATED SENTENCING FACTORS
Judge Cahill issues findings that he will consider aggravated durational departure in Derek Chauvin sentencing…citing as a police officer “Defendant abused a position of trust and authority.”
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Order05112021.pdf
Judge to consider aggravating factors in sentencing of Derek Chauvin
Judge Cahill issues findings that he will consider aggravated durational departure in Derek Chauvin sentencing…citing as a police officer “Defendant abused a position of trust and authority.”
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Order05112021.pdf
Judge to consider aggravating factors in sentencing of Derek Chauvin
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So, the court finds that 4 out of 5 aggravating factors were proved beyond a reasonable doubt.
That should pile a few more years onto the potential sentence.
I wonder if federal sentence (if DC is sentenced of course) will be run concurrently or after the state sentence? Maybe sentence concerning GF - conc. And another for a boy - after - as it is a separate crime. And then tax evasion - another trial. All these years of imprisonment are piling up.
You know - I just don't get it, I really don't - all DC had to do was to STAND UP and provide first aid. Mind boggles! Not to give first aid is absolutely agg. factor. In my country if sb fails to help it is treated as a crime. And I mean an ordinary citizen. And here we have a POLICE officer who should be a paragon of virtue. And in the presence of CHILDREN. Really, words fail me. I've never heard of a case like this. Beyond disgusting!
MOTION FOR SANCTIONS FOR PROSECUTORIAL MISCONDUCT
STEMMING FROM WITNESS COERCION:
Please take notice, that at the next available hearing, Tou Thao (“Mr. Thao” herein) will move the Court for a factual finding that the testimony of Dr. Baker was directly and indirectly coerced by the State and its agents, and for any and all appropriate sanctions resulting from the ratification of said coercion by the State…
In response to the State’s knowledge and ratification of Dr. Mitchell’s coercion of Dr. Baker, the Defense moves the Court for:
1. An order dismissing the charges against Mr. Thao as the sole medical expert who performed the autopsy’s findings were unlawfully coerced. Or, in the alternative, any and all of the following:
2. An order requiring the State to disclose all materials relevant to the hiring/contracting of Dr. Mitchell, any and all audio recordings of Dr. Mitchell, any and all communication with Dr. Baker on his reasoning for changing his factual findings after speaking with Dr. Mitchell.
3. A factual finding that Dr. Mitchell coerced Dr. Baker.
4. A factual finding that Dr. Mitchell coerced Dr. Fowler.
5. A factual finding that the State ratified the coercion of medical experts.
6. An order barring the following prosecutors from participating in the trial of State v.
Thao: Keith Ellison, Neal Katyal, Lola Velazquez-Aguilu, Joshua Larson, Matthew Frank, Erin Eldridge, and Corey Gorden.
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12949-TT/NOMM05122021.pdf
STEMMING FROM WITNESS COERCION:
Please take notice, that at the next available hearing, Tou Thao (“Mr. Thao” herein) will move the Court for a factual finding that the testimony of Dr. Baker was directly and indirectly coerced by the State and its agents, and for any and all appropriate sanctions resulting from the ratification of said coercion by the State…
In response to the State’s knowledge and ratification of Dr. Mitchell’s coercion of Dr. Baker, the Defense moves the Court for:
1. An order dismissing the charges against Mr. Thao as the sole medical expert who performed the autopsy’s findings were unlawfully coerced. Or, in the alternative, any and all of the following:
2. An order requiring the State to disclose all materials relevant to the hiring/contracting of Dr. Mitchell, any and all audio recordings of Dr. Mitchell, any and all communication with Dr. Baker on his reasoning for changing his factual findings after speaking with Dr. Mitchell.
3. A factual finding that Dr. Mitchell coerced Dr. Baker.
4. A factual finding that Dr. Mitchell coerced Dr. Fowler.
5. A factual finding that the State ratified the coercion of medical experts.
6. An order barring the following prosecutors from participating in the trial of State v.
Thao: Keith Ellison, Neal Katyal, Lola Velazquez-Aguilu, Joshua Larson, Matthew Frank, Erin Eldridge, and Corey Gorden.
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12949-TT/NOMM05122021.pdf
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Attorneys for three former Minneapolis officers awaiting trial in [URL='https://www.mprnews.org/crime-law-and-justice/killing-of-george-floyd']George Floyd's death will be in court Thursday to argue pretrial motions, including a request that prosecutors be sanctioned after media reports that Derek Chauvin had planned to plead guilty a year ago, and allegations that they haven't disclosed information about the alleged coercion of a witness.
Attorneys for Thomas Lane, J. Kueng and Tou Thao have said they want the court to require prosecuting attorneys to submit affidavits under oath that they aren't responsible for the leak to the media. In a filing late Wednesday, Thao's attorney also alleged that the Hennepin County medical examiner was coerced to include “neck compression” in his findings — and that prosecutors knew of it.
The former officers waived their right to appear at Thursday’s hearing. Their trial is set for Aug. 23.
[/URL]
Ex-cops in Floyd death claim witness coercion, harm of leak
Attorneys for Thomas Lane, J. Kueng and Tou Thao have said they want the court to require prosecuting attorneys to submit affidavits under oath that they aren't responsible for the leak to the media. In a filing late Wednesday, Thao's attorney also alleged that the Hennepin County medical examiner was coerced to include “neck compression” in his findings — and that prosecutors knew of it.
The former officers waived their right to appear at Thursday’s hearing. Their trial is set for Aug. 23.
[/URL]
Ex-cops in Floyd death claim witness coercion, harm of leak
New trial date for Kueng, Lane and Thao is March 7, 2022.
Judge moved trial due to federal charges.
@Niner
@ChaoStrib
Court will hold hearing in August to determine who was source of leak to NYT about Derek Chauvin plea negotiations. NYT reporter can be subpoenaed by defense atty Robert Paule to testify. Judge says he won't order NYT 2 reveal source.
Judge in February phone conference with attorneys had "suggested" that prosecutors filed affidavits saying they weren't source of leak to NYT but only assistant AG Matt Frank did. AG Ellison sent court letter but did not file affidavit under oath saying he wasn't source.
Judge was upset prosecutors did not file affidavits to avoid the "circus" of holding a hearing where they would be questioned. Judge says if prosecutors don't file affidavits they can be subpoenaed.
Matt Frank and assistant Hennepin County attorney Joshua Larson said they will get affidavits from their staff. Frank said judge was shifting the burden onto prosecutors when it's defense's job to prove its allegations. Thao's attorney Bob Paule had filed the accusations
Judge Cahill explains the federal charges are “much greater…higher” against ex-police officers so he will continue state case against Lane, Thao, and Kueng until March 2022–jury selection on March 8
Judge moved trial due to federal charges.
@Niner
@ChaoStrib
Court will hold hearing in August to determine who was source of leak to NYT about Derek Chauvin plea negotiations. NYT reporter can be subpoenaed by defense atty Robert Paule to testify. Judge says he won't order NYT 2 reveal source.
Judge in February phone conference with attorneys had "suggested" that prosecutors filed affidavits saying they weren't source of leak to NYT but only assistant AG Matt Frank did. AG Ellison sent court letter but did not file affidavit under oath saying he wasn't source.
Judge was upset prosecutors did not file affidavits to avoid the "circus" of holding a hearing where they would be questioned. Judge says if prosecutors don't file affidavits they can be subpoenaed.
Matt Frank and assistant Hennepin County attorney Joshua Larson said they will get affidavits from their staff. Frank said judge was shifting the burden onto prosecutors when it's defense's job to prove its allegations. Thao's attorney Bob Paule had filed the accusations
Judge Cahill explains the federal charges are “much greater…higher” against ex-police officers so he will continue state case against Lane, Thao, and Kueng until March 2022–jury selection on March 8
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"Coerced" to include neck compressions? It's more likely the ME examiner was questioned as to why he didn't include it initially and if he had analyzed the video evidence clearly showing the neck and back compression lasting more than nine minutes!
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Ok - to keep my notes straight - I'll go ahead & post this... and shorten it up! 
Thursday, May 13th:
*Hearing for all 3 (via Zoom) (@ am CT) - MN – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) – Tou Thao (34/now 35), Thomas Kiernan Lane (37/now 38), & J. Alexander Kueng (26/now 27) were fired (5/26/20), arrested (6/3/20) & charged (6/4/20) with aiding & abetting 2nd degree murder-unintentional-while committing a felony & aiding & abetting 2nd degree manslaughter-culpable negligence creating unreasonable risk. Bond set at $1M for all or bond conditions @ $750K. Lane released (6/10/20) on $750K bond with conditions. Kueng released (6/19/20) on $750K bond with conditions. Thao released (7/4/20) on $750K bond with conditions.
Trial was set to begin on 8/23/21 continued to 3/8/22 with jury selection.
Bond conditions & court info from 6/3/20 to 12/19/20 reference post #140 here:
MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 *officers charged* #3
12/31/20 Update: The State of Minnesota is asking for the trial in George Floyd’s death to be pushed from March to June 7, in order to better prepare for COVID-19. The state argues that, even with COVID-19 protocols put into place, there could be serious disruptions to the trial given the scope. Chauvin’s attorney Erik Nelson requested for the trial to be delayed, arguing the state’s presentation of the evidence has been unorganized & delayed. A new request from the attorney of Chauvin, the former Minneapolis police officer accused of killing George Floyd, asks the court for more time to prepare for next year’s trial. The attorney for Thao, who is also charged in the case, made a similar argument earlier. On Thursday, Lane’s attorney Earl Gray objected to the state’s request to delay the trial.
1/7/21 Update: Hearing for 1/11/21 was rescheduled to 1/7/21. Judge Peter Cahill says he will take George Floyd trial delay arguments "under advisement." That means no ruling from the courts today. The four former police officers were not required to be at this hearing & did not appear with their attorneys. Attorneys for Thao, Lane and Kueng objected to the government's argument, though attorneys for Chauvin & Thao have made their own requests for postponement, saying prosecutors violated rules on disclosing evidence. Prosecutors say they haven't violated the rules. 1/11/21: All: Order regarding discovery, expert witness deadlines & trial continuance motion filed.
1/11/21 Update: Judge Peter Cahill filed orders in Hennepin County District Court on Monday, 1/11/21: Chauvin's jury trial will begin on March 8. Then, former officers Thomas Lane, Alexander Kueng & Tou Thao will remain joined for trial starting on Aug. 23. In addition to the discussion of moving trials, the State & the defense also discussed a modification of the expert witness disclosure deadlines. "The Court's amended Order of Dec. 17, 2020, extending expert witness disclosure deadlines, shall be amended, but only to allow the State to disclose expert reports & findings & complete written summaries of the subject matter of each expert's testimony by Feb. 1, 2021," the court filings stated, in part, on Chauvin's trial. The order doesn't apply to the other three, as they "may agree to a later date for expert disclosures" for the August trial.
1/14/21: Kueng: Discovery Disclosure, Defendant's initial expert disclosure & attachment to defendant's initial expert disclosure. Lane: Expert witness notice & Discovery Disclosure. Thao: Discovery Disclosure. 1/19/21: Kueng, Lane & Thao: State's motion for reconsideration of 1/11/21 order regarding trial continuance & severance & attachments. Affidavit of Michael T. Osterholm, Ph.D., MPH. 1/21/21: Order denying State's motion to reconsider 1/11/21 Order; discovery disclosure. 1/19/21: Thao: Notice of Motion & Motion to compel discovery & requesting an in-camera review.
1/26/21: Order on Spreigl Motions: 1. All defendants’ motions to admit as Rule 404(b)/Spreigl evidence at trial evidence relating George Floyd’s May 6, 2019 arrest by the Minneapolis Police Dept. & his subsequent admission to HCMC as well as his 2007 Harris County, Texas conviction for aggravated robbery are DENIED. 2. The State’s motion to admit as Rule 404(b)/Spreigl evidence at trial in State v. Chauvin the eight separate incidents as summarized above is GRANTED IN PART & DENIED IN PART. The State may introduce evidence of the Aug. 22, 2015 incident, MPD CCN 2015-317385, (provided the State presents clear and convincing evidence that Chauvin was present when a medical professional made the remarks summarized in the State’s offer of proof) and of the June 25, 2017 incident, MPD CCN 2017-235836. The State’s motion to admit the other six incidents involving Chauvin as summarized above is DENIED. 3. The State’s motion to admit as Rule 404(b)/Spreigl evidence at trial in State v. Thao the nine separate incidents as summarized above is DENIED. 4. The State’s motion to admit as Rule 404(b)/Spreigl evidence at trial in State v. Kueng evidence regarding the incident on December 23-24, 2019 as summarized above is DENIED.
1/28/21: State prosecutors are asking the Minnesota Court of Appeals to rejoin the cases against the 4 former LE. The appeal was filed on 1/28/21. 2/5/21: Prosecutors sought Thursday to add third-degree murder charges against 4 former Minneapolis police officers in the death of Floyd because of an appellate court ruling this week in the case of another ex-officer convicted in the 2017 death of an Australian woman. In the case of Chauvin, prosecutors want to reinstate the third-degree murder charge that was dismissed in October by Hennepin County District Judge Peter Cahill. In the cases of the three other officers, Kueng, Lane Thao, prosecutors want to add the charge to their complaints. Prosecutor Matthew Frank, acting on behalf of Attorney General Keith Ellison's office, cited a precedential state Court of Appeals ruling against Mohamed Noor, a former Minneapolis police officer, that was published Tuesday, 2/2/21.
2/15/21: All:: Notice of Motion & Motion for dismissal & to sanction Keith Ellison, Matthew Frank & Neal Katyal (all supervising prosecuting attorneys) for leaking of highly prejudicial information related to potential plea agreements of codefendants. 2/16/21: Thao: Order denying defense's discovery motion regarding medical records of Floyd by Judge Peter A. Cahill.
2/22/21: Prosecutors are asking the Minnesota Court of Appeals to allow them to add third-degree murder charges against the four former Minneapolis police officers charged in George Floyd's death. The appeal brief, filed Monday, comes after Hennepin County District Judge Peter Cahill — who will preside over the trial of Chauvin & a later one for Lane, Thao & Kueng — denied prosecutors' motion to add third-degree murder charges against the defendants earlier this month.
2/24/21: Federal prosecutors in Minneapolis have convened a grand jury & called police witnesses to testify over the past week in connection to a civil rights investigation into Chauvin, signaling a renewed push in the Justice Dept's case as the former police officer prepares for trial in state court in the killing of George Floyd. The federal investigation involves a 2017 arrest in which Chauvin allegedly jammed his knee into the back of a 14-year-old boy for several minutes while ignoring his pleas that he couldn't breathe — an episode state prosecutors said bore a striking resemblance to Chauvin's conduct in his fatal encounter with George Floyd.
3/17/21: for all: Notice of Motion & Motion for admission of Nathaniel A.G. Zelinsky Pro Hac Vice & proposed order-granted. 3/24/21: Supplemental prosecution Disclosure pursuant to Rule 9.01, Subd. 1: witness contact form. 3/24/21: Supplemental prosecution disclosure: Lab reports & Dr. Isenschmid note, expert witness materials. 3/29/21: Supplement prosecution disclosure: Police/investigative reports & statements relating to the case & photos, video tapes, audio tapes & DVD and Milestone audit log. 3/30/21: Supplemental prosecution disclosure: police/investigative reports & photos, video tapes, audio tapes** & DVD and witness contact form-J.R., expert witness materials. 4/1/21: Supplemental prosecution disclosure: police/investigative reports & witness contact form-Courteney Ross. 4/5/21: Supplemental prosecution disclosure: police/investigative reports, evidence receipts, photos, video tapes, audio tapes & DVDs and Witness contact forms, NMS Labs supplemental report/docs, CV Dr. Smock, Susan Neith, Dr. Lindsey Thomas materials. 4/6/21: police/investigative reports, witness contact forms: NMS Lab PPT & Dr. Tobin materials. 4/8/21: witness contact forms, Dr. Fowler materials, NMS Labs demonstrative. 4/12/21: Supplemental prosecution disclosure: photos, video tapes, audio tapes & DVDs and Seth Stoughton supplemental report, graham vs. Conner factors, use of force evaluation & Dr. Fowler material. 4/13/21: Supplement prosecution disclosure: Dr. Gary Kunsman materials & Barry Brodd materials. 4/15/21: Supplemental prosecution disclosure: police/investigative reports, Lab reports, Dr. Tobin's "Why Covid-19 Silent Hypoxemia is baffling to physicians” article.
4/26/21: Notice of visual or audio coverage on trial by KSTP & WCCO-TV. 4/27/21: Notice of visual or audio coverage of trial by CBS News, PBS Frontline, Washington Post, Associated Press, Star Tribune, CNN, Fox 9 & ABC News. 4/28/21 Update: Oral arguments before the state Court of Appeals on the 3rd degree murder charge are scheduled for May 20. Prosecutors also have filed an intent to seek aggravated sentences for the former officers.
4/28/21 Update: Federal prosecutors want to indict the 3 ex-officers in connection to Floyd's death for Chauvin pinning Floyd down by his neck for more than 9 ½ minutes in May 2020. A grand jury has been meeting to consider those charges, and if he were to be charged and convicted in federal court, that sentence could be up to life in prison. 5/7/21: Federal grand jury indicts 4 former officers on charges they violated Floyd’s civil rights.
5/12/21: for Thao: Motion for sanctions for prosecutorial misconduct stemming from witness coercion re Dr. Baker's testimony was directly & indirectly coerced by the State & its agents & for any & all appropriate sanctions resulting from the ratification of said coercion by the State. Want the charges against Thao dismissed. More info here:
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12949-TT/NOMM05122021.pdf
5/12/21 Update: Attorneys for three former Minneapolis officers awaiting trial in George Floyd's death will be in court Thursday, 5/13/21 to argue pretrial motions, including a request that prosecutors be sanctioned after media reports that Chauvin had planned to plead guilty a year ago & allegations that they haven't disclosed information about the alleged coercion of a witness. The former officers waived their right to appear at Thursday’s hearing.
5/13/21 Update: Court will hold hearing in August to determine who was source of leak to NYT about Derek Chauvin plea negotiations. NYT reporter can be subpoenaed by defense atty Robert Paule to testify. Judge says he won't order NYT 2 reveal source. Judge was upset prosecutors did not file affidavits to avoid the "circus" of holding a hearing where they would be questioned. Judge says if prosecutors don't file affidavits they can be subpoenaed. Matt Frank and assistant Hennepin County attorney Joshua Larson said they will get affidavits from their staff. Frank said judge was shifting the burden onto prosecutors when it's defense's job to prove its allegations. Thao's attorney Bob Paule had filed the accusations. "We didn't authorize that leak. We didn't give that leak," Frank said. Frank said defense's allegations are motivated by desire for change of venue. Judge said today defense's request for change of venue is denied. Lane's attorney Earl Gray wants state to produce 30 years of police use of force reports in internal affairs files to show that there cops did not follow duty to intervene, a policy state will hold against Lane. Judge Cahill explains the federal charges are “much greater…higher” against ex-police officers so he will continue state case against Lane, Thao & Kueng. New trial date from Kueng, Lane & Thao is on 3/8/22 with jury selection.
*Federal Grand Jury indicted & charged (5/7/21) Tou Thao (34/now 35) & J. Alexander Kueng (26/now 27) for violated Floyd’s civil rights. Charged with violating Floyd's right to be free from unreasonable seizure, alleging they willfully failed to intervene to stop Chauvin’s unreasonable force, resulting in bodily injury to & the death of Mr. Floyd & failure to provide Floyd with medical care. Thomas Kiernan Lane (37/now 38) is charged with failure to provide Floyd with medical care.
5/7/21 Update: Lane, Thao & Kueng made their initial court appearances Friday via videoconference in U.S. District Court in Minneapolis. Chauvin was not part of the court appearance. The three-count indictment names Derek Chauvin, Thomas Lane, J. Kueng & Tou Thao. Specifically, Chauvin, Thao & Kueng are charged with violating Floyd’s right to be free from unreasonable seizure & excessive force. All four officers (Lane) are charged for their failure to provide Floyd with medical care. Chauvin was also charged in a second indictment, stemming from the arrest & neck restraint of a 14-year-old boy in 2017. Thao & Kueng are charged with violating Floyd's right to be free from unreasonable seizure, alleging they did not intervene to stop Chauvin as he knelt on Floyd's neck. All four officers are charged for their failure to provide Floyd with medical care. They were allowed to remain free after Friday's federal court appearance. Conviction on a federal civil rights charge is punishable by up to life in prison or even the death penalty, but those stiff sentences are extremely rare & federal sentencing guidelines rely on complicated formulas that indicate the officers would get much less if convicted. Count One of the indictment alleges that on May 25, 2020, Chauvin held his left knee across Mr. Floyd’s neck & his right knee on Floyd’s back & arm, as Floyd lay on the ground, handcuffed & unresisting, & kept his knees on Mr. Floyd’s neck & body even after Mr. Floyd became unresponsive. The indictment alleges that Chauvin’s actions violated Mr. Floyd’s constitutional right to be free from the use of unreasonable force by a police officer & resulted in bodily injury to, and the death of, Mr. Floyd. Count Two of the indictment charges that Thao & Kueng willfully failed to intervene to stop Chauvin’s use of unreasonable force, resulting in bodily injury to, and the death of, Mr. Floyd. Finally, Count Three of the indictment alleges that all four defendants saw Mr. Floyd lying on the ground in clear need of medical care & willfully failed to aid him. The charges announced today are separate from the Justice Dept’s civil pattern or practice investigation into the City of Minneapolis & thee Minneapolis Police Dept. that the Attorney General announced on April 21. The charges announced today are criminal, while the pattern or practice investigation is a civil investigation that will be conducted separately & independently from the criminal case, and will be handled by a different team of career staff from the Civil Rights Division & the U.S. Attorney’s Office.
*Derek Michael Chauvin (44) – Murder: Trial began on 3/8/21 with jury selection. Trial started on 3/29/21 & ended 4/15/21. Guilty on all charges. Sentencing on 6/25/21. Taxes: Omnibus hearing on 6/30/21. Federal grand jury indicts (5/7/21) for violating Floyd’s civil rights.
Thursday, May 13th:
*Hearing for all 3 (via Zoom) (@ am CT) - MN – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) – Tou Thao (34/now 35), Thomas Kiernan Lane (37/now 38), & J. Alexander Kueng (26/now 27) were fired (5/26/20), arrested (6/3/20) & charged (6/4/20) with aiding & abetting 2nd degree murder-unintentional-while committing a felony & aiding & abetting 2nd degree manslaughter-culpable negligence creating unreasonable risk. Bond set at $1M for all or bond conditions @ $750K. Lane released (6/10/20) on $750K bond with conditions. Kueng released (6/19/20) on $750K bond with conditions. Thao released (7/4/20) on $750K bond with conditions.
Trial was set to begin on 8/23/21 continued to 3/8/22 with jury selection.
Bond conditions & court info from 6/3/20 to 12/19/20 reference post #140 here:
MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 *officers charged* #3
12/31/20 Update: The State of Minnesota is asking for the trial in George Floyd’s death to be pushed from March to June 7, in order to better prepare for COVID-19. The state argues that, even with COVID-19 protocols put into place, there could be serious disruptions to the trial given the scope. Chauvin’s attorney Erik Nelson requested for the trial to be delayed, arguing the state’s presentation of the evidence has been unorganized & delayed. A new request from the attorney of Chauvin, the former Minneapolis police officer accused of killing George Floyd, asks the court for more time to prepare for next year’s trial. The attorney for Thao, who is also charged in the case, made a similar argument earlier. On Thursday, Lane’s attorney Earl Gray objected to the state’s request to delay the trial.
1/7/21 Update: Hearing for 1/11/21 was rescheduled to 1/7/21. Judge Peter Cahill says he will take George Floyd trial delay arguments "under advisement." That means no ruling from the courts today. The four former police officers were not required to be at this hearing & did not appear with their attorneys. Attorneys for Thao, Lane and Kueng objected to the government's argument, though attorneys for Chauvin & Thao have made their own requests for postponement, saying prosecutors violated rules on disclosing evidence. Prosecutors say they haven't violated the rules. 1/11/21: All: Order regarding discovery, expert witness deadlines & trial continuance motion filed.
1/11/21 Update: Judge Peter Cahill filed orders in Hennepin County District Court on Monday, 1/11/21: Chauvin's jury trial will begin on March 8. Then, former officers Thomas Lane, Alexander Kueng & Tou Thao will remain joined for trial starting on Aug. 23. In addition to the discussion of moving trials, the State & the defense also discussed a modification of the expert witness disclosure deadlines. "The Court's amended Order of Dec. 17, 2020, extending expert witness disclosure deadlines, shall be amended, but only to allow the State to disclose expert reports & findings & complete written summaries of the subject matter of each expert's testimony by Feb. 1, 2021," the court filings stated, in part, on Chauvin's trial. The order doesn't apply to the other three, as they "may agree to a later date for expert disclosures" for the August trial.
1/14/21: Kueng: Discovery Disclosure, Defendant's initial expert disclosure & attachment to defendant's initial expert disclosure. Lane: Expert witness notice & Discovery Disclosure. Thao: Discovery Disclosure. 1/19/21: Kueng, Lane & Thao: State's motion for reconsideration of 1/11/21 order regarding trial continuance & severance & attachments. Affidavit of Michael T. Osterholm, Ph.D., MPH. 1/21/21: Order denying State's motion to reconsider 1/11/21 Order; discovery disclosure. 1/19/21: Thao: Notice of Motion & Motion to compel discovery & requesting an in-camera review.
1/26/21: Order on Spreigl Motions: 1. All defendants’ motions to admit as Rule 404(b)/Spreigl evidence at trial evidence relating George Floyd’s May 6, 2019 arrest by the Minneapolis Police Dept. & his subsequent admission to HCMC as well as his 2007 Harris County, Texas conviction for aggravated robbery are DENIED. 2. The State’s motion to admit as Rule 404(b)/Spreigl evidence at trial in State v. Chauvin the eight separate incidents as summarized above is GRANTED IN PART & DENIED IN PART. The State may introduce evidence of the Aug. 22, 2015 incident, MPD CCN 2015-317385, (provided the State presents clear and convincing evidence that Chauvin was present when a medical professional made the remarks summarized in the State’s offer of proof) and of the June 25, 2017 incident, MPD CCN 2017-235836. The State’s motion to admit the other six incidents involving Chauvin as summarized above is DENIED. 3. The State’s motion to admit as Rule 404(b)/Spreigl evidence at trial in State v. Thao the nine separate incidents as summarized above is DENIED. 4. The State’s motion to admit as Rule 404(b)/Spreigl evidence at trial in State v. Kueng evidence regarding the incident on December 23-24, 2019 as summarized above is DENIED.
1/28/21: State prosecutors are asking the Minnesota Court of Appeals to rejoin the cases against the 4 former LE. The appeal was filed on 1/28/21. 2/5/21: Prosecutors sought Thursday to add third-degree murder charges against 4 former Minneapolis police officers in the death of Floyd because of an appellate court ruling this week in the case of another ex-officer convicted in the 2017 death of an Australian woman. In the case of Chauvin, prosecutors want to reinstate the third-degree murder charge that was dismissed in October by Hennepin County District Judge Peter Cahill. In the cases of the three other officers, Kueng, Lane Thao, prosecutors want to add the charge to their complaints. Prosecutor Matthew Frank, acting on behalf of Attorney General Keith Ellison's office, cited a precedential state Court of Appeals ruling against Mohamed Noor, a former Minneapolis police officer, that was published Tuesday, 2/2/21.
2/15/21: All:: Notice of Motion & Motion for dismissal & to sanction Keith Ellison, Matthew Frank & Neal Katyal (all supervising prosecuting attorneys) for leaking of highly prejudicial information related to potential plea agreements of codefendants. 2/16/21: Thao: Order denying defense's discovery motion regarding medical records of Floyd by Judge Peter A. Cahill.
2/22/21: Prosecutors are asking the Minnesota Court of Appeals to allow them to add third-degree murder charges against the four former Minneapolis police officers charged in George Floyd's death. The appeal brief, filed Monday, comes after Hennepin County District Judge Peter Cahill — who will preside over the trial of Chauvin & a later one for Lane, Thao & Kueng — denied prosecutors' motion to add third-degree murder charges against the defendants earlier this month.
2/24/21: Federal prosecutors in Minneapolis have convened a grand jury & called police witnesses to testify over the past week in connection to a civil rights investigation into Chauvin, signaling a renewed push in the Justice Dept's case as the former police officer prepares for trial in state court in the killing of George Floyd. The federal investigation involves a 2017 arrest in which Chauvin allegedly jammed his knee into the back of a 14-year-old boy for several minutes while ignoring his pleas that he couldn't breathe — an episode state prosecutors said bore a striking resemblance to Chauvin's conduct in his fatal encounter with George Floyd.
3/17/21: for all: Notice of Motion & Motion for admission of Nathaniel A.G. Zelinsky Pro Hac Vice & proposed order-granted. 3/24/21: Supplemental prosecution Disclosure pursuant to Rule 9.01, Subd. 1: witness contact form. 3/24/21: Supplemental prosecution disclosure: Lab reports & Dr. Isenschmid note, expert witness materials. 3/29/21: Supplement prosecution disclosure: Police/investigative reports & statements relating to the case & photos, video tapes, audio tapes & DVD and Milestone audit log. 3/30/21: Supplemental prosecution disclosure: police/investigative reports & photos, video tapes, audio tapes** & DVD and witness contact form-J.R., expert witness materials. 4/1/21: Supplemental prosecution disclosure: police/investigative reports & witness contact form-Courteney Ross. 4/5/21: Supplemental prosecution disclosure: police/investigative reports, evidence receipts, photos, video tapes, audio tapes & DVDs and Witness contact forms, NMS Labs supplemental report/docs, CV Dr. Smock, Susan Neith, Dr. Lindsey Thomas materials. 4/6/21: police/investigative reports, witness contact forms: NMS Lab PPT & Dr. Tobin materials. 4/8/21: witness contact forms, Dr. Fowler materials, NMS Labs demonstrative. 4/12/21: Supplemental prosecution disclosure: photos, video tapes, audio tapes & DVDs and Seth Stoughton supplemental report, graham vs. Conner factors, use of force evaluation & Dr. Fowler material. 4/13/21: Supplement prosecution disclosure: Dr. Gary Kunsman materials & Barry Brodd materials. 4/15/21: Supplemental prosecution disclosure: police/investigative reports, Lab reports, Dr. Tobin's "Why Covid-19 Silent Hypoxemia is baffling to physicians” article.
4/26/21: Notice of visual or audio coverage on trial by KSTP & WCCO-TV. 4/27/21: Notice of visual or audio coverage of trial by CBS News, PBS Frontline, Washington Post, Associated Press, Star Tribune, CNN, Fox 9 & ABC News. 4/28/21 Update: Oral arguments before the state Court of Appeals on the 3rd degree murder charge are scheduled for May 20. Prosecutors also have filed an intent to seek aggravated sentences for the former officers.
4/28/21 Update: Federal prosecutors want to indict the 3 ex-officers in connection to Floyd's death for Chauvin pinning Floyd down by his neck for more than 9 ½ minutes in May 2020. A grand jury has been meeting to consider those charges, and if he were to be charged and convicted in federal court, that sentence could be up to life in prison. 5/7/21: Federal grand jury indicts 4 former officers on charges they violated Floyd’s civil rights.
5/12/21: for Thao: Motion for sanctions for prosecutorial misconduct stemming from witness coercion re Dr. Baker's testimony was directly & indirectly coerced by the State & its agents & for any & all appropriate sanctions resulting from the ratification of said coercion by the State. Want the charges against Thao dismissed. More info here:
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12949-TT/NOMM05122021.pdf
5/12/21 Update: Attorneys for three former Minneapolis officers awaiting trial in George Floyd's death will be in court Thursday, 5/13/21 to argue pretrial motions, including a request that prosecutors be sanctioned after media reports that Chauvin had planned to plead guilty a year ago & allegations that they haven't disclosed information about the alleged coercion of a witness. The former officers waived their right to appear at Thursday’s hearing.
5/13/21 Update: Court will hold hearing in August to determine who was source of leak to NYT about Derek Chauvin plea negotiations. NYT reporter can be subpoenaed by defense atty Robert Paule to testify. Judge says he won't order NYT 2 reveal source. Judge was upset prosecutors did not file affidavits to avoid the "circus" of holding a hearing where they would be questioned. Judge says if prosecutors don't file affidavits they can be subpoenaed. Matt Frank and assistant Hennepin County attorney Joshua Larson said they will get affidavits from their staff. Frank said judge was shifting the burden onto prosecutors when it's defense's job to prove its allegations. Thao's attorney Bob Paule had filed the accusations. "We didn't authorize that leak. We didn't give that leak," Frank said. Frank said defense's allegations are motivated by desire for change of venue. Judge said today defense's request for change of venue is denied. Lane's attorney Earl Gray wants state to produce 30 years of police use of force reports in internal affairs files to show that there cops did not follow duty to intervene, a policy state will hold against Lane. Judge Cahill explains the federal charges are “much greater…higher” against ex-police officers so he will continue state case against Lane, Thao & Kueng. New trial date from Kueng, Lane & Thao is on 3/8/22 with jury selection.
*Federal Grand Jury indicted & charged (5/7/21) Tou Thao (34/now 35) & J. Alexander Kueng (26/now 27) for violated Floyd’s civil rights. Charged with violating Floyd's right to be free from unreasonable seizure, alleging they willfully failed to intervene to stop Chauvin’s unreasonable force, resulting in bodily injury to & the death of Mr. Floyd & failure to provide Floyd with medical care. Thomas Kiernan Lane (37/now 38) is charged with failure to provide Floyd with medical care.
5/7/21 Update: Lane, Thao & Kueng made their initial court appearances Friday via videoconference in U.S. District Court in Minneapolis. Chauvin was not part of the court appearance. The three-count indictment names Derek Chauvin, Thomas Lane, J. Kueng & Tou Thao. Specifically, Chauvin, Thao & Kueng are charged with violating Floyd’s right to be free from unreasonable seizure & excessive force. All four officers (Lane) are charged for their failure to provide Floyd with medical care. Chauvin was also charged in a second indictment, stemming from the arrest & neck restraint of a 14-year-old boy in 2017. Thao & Kueng are charged with violating Floyd's right to be free from unreasonable seizure, alleging they did not intervene to stop Chauvin as he knelt on Floyd's neck. All four officers are charged for their failure to provide Floyd with medical care. They were allowed to remain free after Friday's federal court appearance. Conviction on a federal civil rights charge is punishable by up to life in prison or even the death penalty, but those stiff sentences are extremely rare & federal sentencing guidelines rely on complicated formulas that indicate the officers would get much less if convicted. Count One of the indictment alleges that on May 25, 2020, Chauvin held his left knee across Mr. Floyd’s neck & his right knee on Floyd’s back & arm, as Floyd lay on the ground, handcuffed & unresisting, & kept his knees on Mr. Floyd’s neck & body even after Mr. Floyd became unresponsive. The indictment alleges that Chauvin’s actions violated Mr. Floyd’s constitutional right to be free from the use of unreasonable force by a police officer & resulted in bodily injury to, and the death of, Mr. Floyd. Count Two of the indictment charges that Thao & Kueng willfully failed to intervene to stop Chauvin’s use of unreasonable force, resulting in bodily injury to, and the death of, Mr. Floyd. Finally, Count Three of the indictment alleges that all four defendants saw Mr. Floyd lying on the ground in clear need of medical care & willfully failed to aid him. The charges announced today are separate from the Justice Dept’s civil pattern or practice investigation into the City of Minneapolis & thee Minneapolis Police Dept. that the Attorney General announced on April 21. The charges announced today are criminal, while the pattern or practice investigation is a civil investigation that will be conducted separately & independently from the criminal case, and will be handled by a different team of career staff from the Civil Rights Division & the U.S. Attorney’s Office.
*Derek Michael Chauvin (44) – Murder: Trial began on 3/8/21 with jury selection. Trial started on 3/29/21 & ended 4/15/21. Guilty on all charges. Sentencing on 6/25/21. Taxes: Omnibus hearing on 6/30/21. Federal grand jury indicts (5/7/21) for violating Floyd’s civil rights.
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They say an evidentiary hearing in August - wondering if will be on 8/23 when the trial was supposed to start?
If anyone sees a date in August - please post! TIA!
If anyone sees a date in August - please post! TIA!
dixiegirl1035
I will do it, but I won't like it
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As with this case and so many we follow, leaks and media... egads hoping that they do not impact trials (e.g. Nate with Vallow/Daybell case... the gal Lauren/ Media person from the Colorado case.. etc.)
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for the 3 officers:
The trial in this case is scheduled for March 7, 2022.
link: Minnesota Judicial Branch - 27-CR-20-12953: State vs. J Alexander Kueng
I did see 2 different dates on the tweets yesterday - 3/7 & 3/8 - so this is official - trial starts 3/7/22 instead of the 8th.
The trial in this case is scheduled for March 7, 2022.
link: Minnesota Judicial Branch - 27-CR-20-12953: State vs. J Alexander Kueng
I did see 2 different dates on the tweets yesterday - 3/7 & 3/8 - so this is official - trial starts 3/7/22 instead of the 8th.
sorrell skye
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I agree, Dotta, It really is beyond disgusting.
I'm ashamed of my white privilege.
I hereby reject any and all of the benefits of my white privilege.
I demand justice to my sisters and brothers of color for all the centuries of oppression.
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