GUILTY MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #21

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2/22 Tweets:

POLICE TRIAL: Closing arguments will soon be underway Tuesday in the federal trial of 3 ex-officers charged in #GeorgeFloyd’s death. Arguments are expected to take all day.

US Prosecutor Manda Sertich is beginning closing arguments for the government. Among her first words: “In their custody, in their care.”

Sertich says Tou Thao ignored #GeorgeFloyd’s pleas and bystanders as Floyd lost consciousness. “A man was dying right before their eyes.”

Prosecutor Sertich says Tou Thao decided to argue with bystanders rather than save George Floyd's life.

On J Alexander Kueng, Sertich says he was kneeling side-by-side with #DerekChauvin and never asked Chauvin to get off of #GeorgeFloyd’s neck. Sertich says Kueng pressed Floyd further into the pavement, making it harder for Floyd to move/breathe.

Prosecutor Sertich says Kueng joked with Chauvin about #GeorgeFloyd's ability to breathe during the incident.

On Thomas Lane, prosecutor Sertich says he “chose” not to do anything during the incident, despite knowing that #GeorgeFloyd was in distress. “He did nothing.”

In closing arguments, prosecutor Sertich says the crime didn’t end when #GeorgeFloyd lost consciousness, that the officers continued to restrain him on the ground. Sertich says the fact officers couldn't find a pulse should have also made them act, and act quickly.

Prosecutor Sertich says it’s every officers’ job on scene to intervene, even if they are rookie officers. “You do not have to believe Kueng’s assertion that Chauvin could fire him.”

Prosecutor Sertich says bystanders, unlike the ex-officers who took an oath to serve, knew to do something.

Prosecutor Sertich says the defendants heard the bystanders too, and noted that #GeorgeFloyd was passing out, and later checked his pulse. And they later knew what bystanders didn’t: that no pulse was found.

Prosecutor is running through the charges the defendants face. All 3 former officers are charged with depriving Floyd of his right to medical care. Kueng and Thao are also charged with failing to intervene to stop Chauvin

Prosecutor Sertich says Tou Thao stood next to Derek Chauvin for several minutes, “staring” at the unreasonable force, but still did nothing. Same goes for J Alexander Kueng, who was right next to Chauvin at Floyd’s midsection and had a close look at the force.

Prosecutor Sertich says they can prove the failure to intervene by Thao/Kueng: -Unreasonable force was being used -They saw or knew that unreasonable force was being used -They had opportunity/means to intervene to stop the force -They failed to take reasonable steps to do so

Sertich says bystanders were trying to help #GeorgeFloyd and were not threatening to officers, despite what the the defense has argued.

“The people standing there were, in fact, doing more than the officers.”

Sertich says the only defendant who asked to roll Floyd over, Thomas Lane, is not charged with Count 2 on failure to intervene.

Prosecutor Sertich says the second element of Count 2 is that the Kueng/Thao willfully failed to intervene. Sertich says the government does not have to prove ill will toward #GeorgeFloyd. She says officers knew something was wrong and failed to intervene.

The other elements include that Kueng/Thao acted under the color of law, and that #GeorgeFloyd suffered injury/died due to the defendants' conduct. Gov't does not need to prove the defendants intended for the victim to die.

Prosecutor Manda Sertich now moves on to Count 3, deprivation of rights due to deliberate indifference, or failure to provide #GeorgeFloyd with medical aid. All three defendants face this charge.

Elements of Count 3 include: -Floyd had an objectively reasonable, or obvious, medical need -The defendants actually knew of the serious medical need -Defendants disregarded that medical need Sertich says all of the elements apply to the three defendants.

Prosecutor Sertich says officers should have performed CPR, and not waited for EMS to arrive.

Prosecutor Sertich says the ex-officers should have placed #GeorgeFloyd in the side recovery position not long after putting him in the prone position; Floyd saying he couldn’t breathe should have further shown officers to aid him.

Prosecutor Sertich says Lane/Kueng “lied” about the incident in post-incident reports, by not divulging parts of the incident, like the no pulse/loss of consciousness. Also didn’t mention excited delirium.

Prosecutor Sertich says Kueng and Lane knew what they did was wrong and that’s why they left things out of the interview with the lieutenant. Showing willfulness.

Prosecutor Sertich says there was “no respect for the sanctity of life” and that resulted in #GeorgeFloyd’s death. Sertich says the gov’t has met the burden of proof to prove the charges.

“They chose not to intervene…as the window of #GeorgeFloyd’s life slammed shut ... the defendants are guilty as charged. Thank you for your time.” - Prosecutor Sertich ends her closing argument. Court recesses for lunch, will come back at 12:30 p.m.

Judge indicates that defense attorney for Tou Thao, Robert Paule, will be making his side of the defense's closing argument when court resumes.

Defense atty Robert Paule begins closing arguments. First acknowledges #GeorgeFloyd's death. Says any loss of life is tragic, but a tragedy is not a crime.

Paule says Tou Thao is presumed to be innocent. Says it means a jury has to presume innocence in every element/aspect of the case. “There is no burden whatsoever on the defendant.” Paule says the burden of proof is on the government.

Paule now addresses/explains the concept, “proof beyond a reasonable doubt.” Tells the jury to bring their reason and common sense into the equation.

Paule says “willfulness” as outlined by the charges needs to prove that Tou Thao willfully committed an act with a “bad purpose or improper motive to disobey or disregard the law, specifically intending to deprive the person of that right.”

Paule said that Tou Thao and Derek Chauvin continued to the scene, despite being called off on it. Paule says they wanted to provide backup to Kueng/Lane because they were rookies and that there was indication of a struggle.

Paule said that Tou Thao walked up after J Alexander Kueng had already began struggling with #GeorgeFloyd, trying to get him into squad car. Says the jury has to look at it with the information Thao had at the time.

Paule says Thao heard #GeorgeFloyd say he couldn’t breathe before he was put into prone position, and based on what he was seeing, there was no reason why Floyd’s breathing would be hindered.

Paule notes that Tou Thao mentioned a hogtie to get #GeorgeFloyd under control, and that he could see that three officers were struggling to handle Floyd.

Defense atty Paule says prosecution is playing “fast and loose” with the facts by saying that Tou Thao was “staring” at the officers. Paule says Thao was also doing other things, like looking for the hogtie/hobble.

Paule notes that people who interacted with #GeorgeFloyd right before/during the incident believed he was on drugs, including the clerk who took the counterfeit drug. Says Tou Thao also thought this, asked Floyd "what are you on?"

Defense Atty Paule says “Mr. Floyd clearly wasn’t being honest” when he said he wasn’t on drugs, cites the toxicology report and the search of the Mercedes SUV and the squad vehicle, which found drugs. “We know he was having narcotics in his system.”

On excited delirium, Paule says it’s not a made up term, and that many of the expert witnesses have had experience with it. Thao thought Floyd had ExD because he was sweating, wouldn’t follow directions, was on drugs and was violently struggling with several officers.

Paule says training showed officers, who believe they are dealing with excited delirium patients, that they need to restrain the patient until EMS can arrive so they can sedate the patient.

Paule says the prosecution’s argument that MPD officers weren’t trained to use a knee on the neck to restrain people “probably isn’t true” based on the pictures from training. Shows multiple pictures from training with officers using knees on necks.

Paule says Thao has dealt with patients believed to have excited delirium, and that some of them have fought back after seemingly being under control.

Contending the willfulness outlined in charges, Paule says Thao’s purpose at the scene wasn’t a bad purpose, Thao believed that officers needed to restrain Floyd until EMS could arrive/treat him. Paule ends his closing arguments, says a tragedy isn't a crime. Court breaks.

Defense atty Thomas Plunkett, who represents J Alexander Kueng, is now giving closing arguments.

Atty Plunkett says four factors led to Kueng not acting "willfully” as the charges state. Those are inadequate training, lack of experience, perceived subordinate role to Chauvin and Thao, and confidence in senior officers.

Plunkett says Inspector Blackwell testified the knee on the neck was not a trained restraint technique. But says that’s not true based on multiple pictures of training.

Plunkett to jury: You decide if Kueng’s testimony was truthful. Kueng explained that he didn’t know that the scene was safe, noticed Chauvin threatening the use of pepper spray on the crowd, and that it was the biggest struggle he’s been in as an officer.

Plunkett says Kueng wanted to make the world a better place, and that's why he became a police officer. Plunkett notes Kueng had training, but it was inadequate.

Before ending closing argument, defense atty Plunkett says the court is the protection against mob mentality. Cites quote that says “justice is the law, and the law is man’s feeble attempt to lay down the principles of fairness for all.”

Court takes short break, will be back with Thomas Lane's attorney, Earl Gray.

Gray is now up for closing arguments. Notes that his client is only charged with one count, of willfully depriving #GeorgeFloyd of his constitutional rights while acting under the color of law.

Gray says bystanders didn’t see a lot of the events of the arrest, didn't see that Floyd was uncooperative at first, that Lane needed to draw a gun to get him to cooperate. That Lane put the gun back in the holster when Floyd complied. Says the officers were trying to deescalate.

Gray says George Floyd was on drugs, and Lane still suggested working with Floyd by rolling down the window when they were trying to get him into the back of the squad vehicle.

Gray says Chauvin was the “boss” at the moment they put George Floyd on the ground. Gray says Lane then called the ambulance, code 2. Gray says Lane had nothing to do with positional asphyxia due to his position.

Gray says Lane wasn’t deliberately indifferent as the charges accuse. Gray says in fact Lane was concerned and brought up the fact that excited delirium may be a factor and suggested again to roll Floyd on his side.

Attorney Thomas Gray says EMS worker Derek Smith said that Thomas Lane was concerned about #GeorgeFloyd, showing he wasn't deliberately indifferent.

Defense attorney Earl Gray says the charge being filed against Thomas Lane was "political." Defense objects, judge overrules saying it's a closing argument.

Gray says the government hasn't proven its case against his client, ends closing arguments. Court goes into short break before rebuttal argument from prosecution.

US atty LeeAnn Bell is now up for rebuttal arguments. Says there are facts that don’t matter, like the area of the incident. Says your rights remain the same, despite where you are. Says it also doesn't matter Thao never touched Floyd, because this is failing to do something.

Bell: If you cannot find a pulse, the answer cannot be “I’ll do nothing.” Says they have to start CPR, period. “It’s not reasonable not to do anything.”

US atty Bell says the CPR in the ambulance, done by Thomas Lane, also did not matter, since it was already too late. Says it happened 7 minutes after Lane suggested rolling Floyd on his side.

On excited delirium, Bell says it’s largely irrelevant because #GeorgeFloyd wasn’t suffering from ExD, cites expert witness testimony from multiple witnesses. Defense objects and judge sustains, stricken from record.

Bell says it doesn’t matter if #GeorgeFloyd was suffering from a drug overdose, excited delirium or some other medical condition – the force was unreasonable and officers needed to roll him on his side.

Bell: The officers knew they had a duty to intervene and provide medical aid. They knew from their training.

US atty LeeAnn Bell says “evil happens when good men do nothing.” Defense objects, but judge lets her complete the argument. “They didn’t do the right, but difficult thing.” Says the jury now has to do the “right but difficult thing.”

Bell ends rebuttal arguments. Closing arguments are over. It appears the jury will be handed the case Wednesday morning. Judge says, due to snow emergency, court will be closed and jury will receive instructions tmrw morning. That's when deliberations are expected to begin.

https://twitter.com/WCCO/status/1496244744661479424
 
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Wednesday, February 23rd:
*Trial continues (Day 19)-VERDICT WATCH! (Day 1) (@ 9:30am CT) –MN - George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody). *Federal Grand Jury indicted & charged (5/7/21) & arraigned (9/14/21) Tou Thao (34/now 36) & J. Alexander Kueng (26/now 28) 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. All released on $25K unsecured bonds. All plead not guilty on 9/14/21.
Trial began on 1/20/22 with jury selection. Jurors were selected. 12 jurors: 5 men & 7 women & alternates: 3 men & 3 women. Trial began on 1/24/22 with opening statements. Prosecutors rested their case on 2/15/22. Juror #47 (man) was excused (2/8/22) for medical reasons. Replaced by man. 12 Jurors: 5 men & 7 women & alternates: 2 men & 3 women. Another juror is excused. No mention of # of women & men. 12 jurors & 4 alternates. Another juror is excused re family commitment. Now: 12 jurors & 3 alternates (no breakdown).
Info on indictment of 5/7/21 & court info from 5/15/21 thru 1/21/22 & Jury Selection (1/20/22) & trial (Days 1-17) 1/24/22 to 2/21/22 reference post #238 here:
MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #21 *officers trial*

2/22/22 Tuesday, Trial Day 18: Closing arguments by: US Prosecutor Manda Sertich. Defense attorney Robert Paule (Thao). Defense attorney Thomas Plunkett (Kueng). Defense attorney Earl Gray (Lane). US attorney LeeAnn Bell on rebuttal arguments.
for more info see post #241 here:
MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #21 *officers trial*
The jury will be handed the case Wednesday morning 2/23/22. Judge says, due to snow emergency, court will be closed & jury will receive instructions tomorrow morning. That's when deliberations are expected to begin.
Trial continues on 2/23/22 with jury instructions & start of deliberations.

MN (State case) – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) – Tou Thao (34/now 36), Thomas Kiernan Lane (37/now 38), & J. Alexander Kueng (26/now 28) - Trial set to begin on 6/13/22.
Bond conditions & court info from 6/3/20 to 8/17/21 reference post #979 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20
 
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Thoughts are with the jury. As we saw with the last Floyd trial and with the Arbery trial, these cases take a huge toll on the jurors. They can't unsee what they have seen in the graphic evidence and are saddled with the awesome burden of determining guilt or non-guilt.

Thanks to all who have continually posted updates. Especially, @Kristin Esq. @Niner and @JerseyGirl
 
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Sorry to ask - Does it really matter?
Both Prosecution and Defence agreed on this Jury, no?

Is it a problem?

It's just an interesting demographic.
According to the 2020 census, this is the composition of the total of inhabitants of Minneapolis:

As of the 2020 Census, the racial composition of Minneapolis was as follows:


St. Paul Demographics
According to the most recent ACS, the racial composition of St. Paul was:

  • White: 56.96%
  • Asian: 18.67%
  • Black or African American: 16.09%
  • Two or more races: 4.90%
  • Other race: 2.57%
  • Native American: 0.79%
  • Native Hawaiian or Pacific Islander: 0.03%
 
  • #250
Sorry to ask - Does it really matter?
Both Prosecution and Defence agreed on this Jury, no?

Is it a problem?

She didn't imply it was a problem.

But do you know it isn't a problem?
 
  • #251
Did she imply it was a problem?

Do you know it isn't a problem?
No.
But to me mentioning the skin colour of Jury members seems absolutely strange.
And provocating.

But then, I come from European country where
such things are irrelevant.
MOO
 
  • #252
No.
But to me mentioning the skin colour of Jury members seems absolutely strange.
And provocating.
MOO

Why strange? When's the last trial you've seen having a racial component that media didn't report the race of jurors?

It is something I like to know.
 
  • #253
Why strange? When's the last trial you've seen having a racial component that media didn't report the race of jurors?

It is something I like to know.
For me, being on the Jury means that these people are considered responsible and worthy of society's confidence.
Skin colour is irrelevant.
Why to mention it?
Do we mention the hair colour or eyes colour?
 
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For me being on the Jury means that these people are considered responsible and worthy of society's confidence.
Skin colour is irrelevant.
Why to mention it?
Do we mention the hair colour or eyes colour?

When people are killing others for their hair color, then yeah sure.
 
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So, the jury is making decisions for each officer separately? That is a huge task here. Because I see each one having a different level of responsibility.

At least they were able to be separated from the Chauvin Trial.
 
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Thursday, February 24th:
*Trial continues (Day 20)-VERDICT WATCH! (Day 2) (@ 9am CT) –MN - George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody). *Federal Grand Jury indicted & charged (5/7/21) & arraigned (9/14/21) Tou Thao (34/now 36) & J. Alexander Kueng (26/now 28) 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. All released on $25K unsecured bonds. All plead not guilty on 9/14/21.
Trial began on 1/20/22 with jury selection. Jurors were selected. 12 jurors: 5 men & 7 women & alternates: 3 men & 3 women. Trial began on 1/24/22 with opening statements. Prosecutors rested their case on 2/15/22. Juror #47 (man) was excused (2/8/22) for medical reasons. Replaced by man. 12 Jurors: 5 men & 7 women & alternates: 2 men & 3 women. Another juror is excused. No mention of # of women & men. 12 jurors & 4 alternates. Another juror is excused re family commitment. Now: 12 jurors & 3 alternates (no breakdown).
Info on indictment of 5/7/21 & court info from 5/15/21 thru 1/21/22 & Jury Selection (1/20/22) & trial (Days 1-18) 1/24/22 to 2/22/22 reference post #242 here:
VERDICT WATCH - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #21 *officers trial*

2/23/22 Wednesday, Trial Day 19/Deliberations Day 1: Jurors were handed the case just before 10am Wednesday. They didn’t ask the judge any questions before adjourning for the day at 5pm. Deliberations: ~7 hours. Trial continues on 2/24/22 with jury deliberations.
MN (State case) – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) – Tou Thao (34/now 36), Thomas Kiernan Lane (37/now 38), & J. Alexander Kueng (26/now 28) - Trial set to begin on 6/13/22.
Bond conditions & court info from 6/3/20 to 8/17/21 reference post #979 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20
 
  • #259
So, the jury is making decisions for each officer separately? That is a huge task here. Because I see each one having a different level of responsibility.

At least they were able to be separated from the Chauvin Trial.

Yes. It's a difficult task, and it may take a few days. The same thing happened in the trials for those who murdered Ahamud Arbery.
 
  • #260

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