MINNEAPOLIS – A former Minneapolis police officer who held his knee to George Floyd’s neck for minutes on end will be tried separately from the three other former officers charged with his death, according to a warrant filed Tuesday citing limited space in court due to COVID -19 restrictions.
Derek Chauvin will face trial alone in March, while the other three former officers will face trial together in the summer. In his warrant, Judge Peter Cahill cited physical space limitations during the coronavirus pandemic and said it is “impossible to meet physical limitations of COVID-19”, given the number of lawyers and support staff the four suspects say are present. would be.
Prosecutors disagreed with the judge’s decision. A lawyer for former officer Thomas Lane said he believed a separate trial would be better for his client, while the other defense attorneys declined to comment or return messages.
Legal observers say the change benefits Chauvin’s co-defendants, who will get a taste of what the state’s witnesses will say and more time to prepare. They will also blame Chauvin, who will not be on trial for pushing back.
Last week, prosecutors asked Cahill to delay the trial from March 8 to June 7 in order to reduce public health risks associated with COVID-19. In his Monday injunction, filed Tuesday, the judge wrote that while the pandemic situation may have improved greatly in June, “the court is not as optimistic given the news reports of vaccine rollout problems.”
Cahill’s warrant included an email from Hennepin County Chief Judge Toddrick Barnette, requesting that the trials be separated in a manner that Cahill considered fair, after learning that each defendant intended to get a fellow counselor or legal support in court . Barnette wrote that he looked at the configuration of the courtroom and concluded that social distance in that space could not be enforced with so many people. Barnette wrote that he believed the courtroom could handle up to three defendants at a time.
Floyd, a black man, died on May 25 after Chauvin, who is white, pressed his knee against Floyd’s neck while being handcuffed face down in the street. Police were investigating whether Floyd was using a fake account at a nearby store. In a video that was widely seen on social media, Floyd could be heard begging officers for air and saying he couldn’t breathe.
Floyd’s death sparked protests in Minneapolis and elsewhere and renewed calls for an end to police brutality and racial inequalities.
Chauvin is charged with second-degree murder and second-degree manslaughter in Floyd’s death. Former officers Lane, Tou Thao and J. Alexander Kueng are each charged with complicity in second-degree murder and of complicity in second-degree manslaughter.
Defense lawyers had argued last year that the officers should be tried separately, but prosecutors were against it.
Attorney General Keith Ellison, whose office is prosecuting the case, said on Tuesday that he disagrees with Cahill’s decision to separate the trials and detain Chauvin’s in March.
“The evidence against each defendant is similar and multiple trials could re-traumatize eyewitnesses and family members and unnecessarily burden the state and the court, while also risking adversely affecting subsequent jury pools,” Ellison said in a statement. “It is also clear that COVID-19 will still be a serious threat to public health in 8 weeks. … Nevertheless, we are fully prepared and look forward to presenting our case to a jury when the court considers it necessary. “
Lane’s attorney, Earl Gray, said he thinks it would be better for his client to have a lawsuit separate from Chauvin.
“In a joint process there is always a spillover effect, no matter what. You know a jury is supposed to look at each customer individually, but that’s not difficult for anyone to do – common sense tells you that, ”Gray said.
Kueng and Chauvin’s lawyers did not comment. Thao’s attorney did not return a message asking for comment.
Mike Brandt, a criminal defense attorney unrelated to the case, said the decision will benefit Chauvin’s co-defendants as they get a taste of the state’s witnesses and can hone their strategies. They will also have trial transcripts, which can be “powerful” if a witness changes his or her story during the second trial.
Plus, he said, all three officers could point the finger at Chauvin, who won’t be in the same trial to defend himself.
If Chauvin is acquitted, Brandt said, the other three agents could still be brought to trial for complicity, but the case would get tougher. Brandt said it is difficult for prosecutors to prove a case against those who may be considered less culpable if they cannot convict the alleged protagonist.
Brandt also said it is unlikely the three officers would testify against Chauvin at his trial because they have a right to the Fifth Amendment against self-incrimination. Even if prosecutors granted them immunity, the prosecutors could still face federal criminal charges for violating Floyd’s civil rights – and immunity afforded by the state would not apply in federal court.
Brandt said that while prosecutors likely want the other officers to testify against Chauvin, it is highly unlikely that they will offer immunity in this case.
‘I expect it to be all or nothing. I don’t think they will make any deals for anyone because of the standout nature of it, ”he said. If this was a gang murder, would they make deals with the less culpable? Sure. But these are police officers. “
Thao, Kueng and Lane are on trial on August 23.
———
Associated Press writer Gretchen Ehlke in Milwaukee contributed to this report.