MINNEAPOLIS – A former Minneapolis police officer who held his knee to George Floyd’s neck for minutes will be tried separately from the three other former officers accused in his death, according to an order filed Tuesday, which limited space in the courtroom due to COVID-19 restrictions.
Derek Chauvin will stand trial alone in March while the other three former officers will be tried together this summer. In his order, Judge Peter Cahill cited the limitations of physical space during the coronavirus pandemic, saying it was “impossible to comply with COVID-19’s physical limitations” given how many attorneys and support staff the four accused say.
Prosecutors do not agree with the judge’s ruling. A lawyer for the former officer, Thomas Lane, said he believes a separate trial would be better for his client, while the other lawyers would not comment, or that they would not return any messages.
Lawyers say the change benefits Chauvin’s co-defendants, who will get a preview of what state witnesses will say and more time to prepare. They will also blame Chauvin, who is not on trial with them, for pushing back.
Prosecutors last week asked Cahill to postpone the trial from March 8 to June 7 to reduce the health risks associated with COVID-19. In his Monday order, filed Tuesday, the judge wrote that although the situation against Pandemic could be significantly improved in June, “the court is not so optimistic, given news reports outlining problems with vaccine vaccination.”
Cahill’s order contains an email from Chief Justice Toddrick Barnette in Hennepin County, requesting that the hearings be separated in a manner that Cahill considers fair, after learning that each defendant intends to co-counsel or to have legal support in court. Barnette wrote that he looked at the setup of the courtroom and came to the conclusion that social distance could not be applied with so many people in that space. Barnette wrote he believes the court can handle up to three defendants simultaneously.
Floyd, a Black man, died on May 25 after Chauvin, who is white, pressed his knee against Floyd’s neck while handcuffed in the street. Police are investigating whether Floyd used a counterfeit account at a nearby store. In a video widely viewed on social media, Floyd can be heard asking officers for air and saying he cannot breathe.
Floyd’s death sparked protests in Minneapolis and elsewhere, and renewed calls for an end to police brutality and racial inequality.
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 aiding and abetting second-degree murder and supporting second-degree manslaughter.
Defense attorneys argued last year that the officers should be tried separately, but prosecutors argued against it.
Attorney General Keith Ellison, whose office is prosecuting the case, said Tuesday that he disagrees with Cahill’s decision to separate the trials and hold Chauvin’s in March.
“The evidence against each defendant is similar and multiple hearings can remarry eyewitnesses and family members and tax the State and the court unnecessarily, while also running the risk of harming subsequent jury pools,” Ellison said in a statement. “It is also clear that COVID-19 will be another serious threat to public health in 8 weeks. … Nevertheless, we are fully prepared and look forward to presenting our case to the jury when the court approves it. “
Lane’s attorney, Earl Gray, said it’s better for his client to set aside a trial of Chauvin.
‘In a joint trial, there is always a spin-off effect, no matter what. “You know a jury is supposed to consider each client separately, but it’s hard for anyone – common sense tells you so,” Gray said.
Lawyers for Kueng and Chauvin did not comment. Thao’s lawyer did not return a message for comment.
Mike Brandt, a criminal defense attorney unrelated to the case, said the decision would benefit Chauvin’s co-defendants because they would get a preview of state witnesses and 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.
In addition, he said all three officers could point fingers at Chauvin, who would not be in the same trial to defend himself.
If Chauvin is acquitted, Brandt said, the other three officers could still be executed on the aid, but the case will become more difficult. Brandt said it is difficult for prosecutors to prove a case against those who could be found less guilty if they could not convict the alleged protagonist.
Brandt also said it was unlikely the three officers would testify against Chauvin during his trial because they have a fifth amendment against self-incrimination. Even if prosecutors grant their immunity, officers could still face criminal charges for violating Floyd’s civil rights – and the immunity offered by the state would not apply in federal court.
Brandt said that although prosecutors are likely to 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 do not think they are going to do transactions for anyone because of their high profile,” he said. ‘If it was a gang killer, would they deal with fewer culprits? You bet. But these are police officers. ”
Thao, Kueng and Lane are expected to be heard on August 23.
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Associated Press author Gretchen Ehlke in Milwaukee contributed to this report.