cloudy.png
Wednesday June 29th, 2022 12:12PM

Status hearing set for 3 cops charged in Floyd's death

By The Associated Press
Related Articles
  Contact Editor

ST. PAUL, Minn. (AP) — Three former Minneapolis police officers charged with violating George Floyd's civil rights during an arrest that ended in his death were scheduled to appear in federal court Tuesday for a pretrial conference that could address a host of issues, including what evidence will be allowed at trial.

Tou Thao, J. Kueng and Thomas Lane face a Jan. 20 trial for allegations that they deprived Floyd of his rights while acting under government authority.

Specifically, the officers are charged with depriving Floyd of the right to be free from indifference to his medical needs. Thao and Kueng are also charged with willfully depriving Floyd, who was Black, of his right to be free from unreasonable force by failing to stop fellow Officer Derek Chauvin from pressing his knee into Floyd's neck. Lane, who does not face that charge, twice asked his fellow officers whether they should roll Floyd onto his side.

Chauvin, who is white, was convicted in April of state murder and manslaughter charges. Last month, he pleaded guilty to a federal count of violating Floyd’s civil rights.

The May 2020 killing was captured on bystander video and galvanized protests against police brutality around the U.S. and beyond.

According to evidence at Chauvin's murder trial, Kueng and Lane helped restrain the 46-year-old Floyd as he was on the ground. Kueng knelt on Floyd’s back and Lane held down Floyd’s legs. Thao kept bystanders from intervening.

Pretrial hearings, sometimes called status conferences, are standard. U.S. District Judge Paul Magnuson is expected to lay out how the trial will proceed and weigh what evidence will be limited or allowed. Both sides have filed several motions.

Among them, Kueng's attorney, Tom Plunkett, wants paramedics to be barred from testifying about whether Floyd was dead when they arrived, saying it's irrelevant. Prosecutors disagree, saying the government must prove beyond a reasonable doubt that the officers' actions resulted in Floyd's death. They anticipate presenting evidence that shows the officers were trained that “when a person is no longer breathing and does not have a pulse, one must act quickly to provide potentially lifesaving aid.”

Thao's attorney, Bob Paule, wants the court to bar prosecutors from asking witnesses about how they felt while watching Floyd's arrest or videos of it, saying such testimony is likely to mislead the jury. Prosecutors say witness observations are relevant as the jury determines the officers' state of mind.

Paule is also asking the judge to bar witnesses from wearing clothing that could bias the jury. Specifically, he said a Minneapolis firefighter who witnessed the death while off duty should not wear her uniform while testifying, as she did in Chauvin's murder trial.

Lane’s attorney, Earl Gray, also asked that the government be barred from calling a 10-year-old girl as a witness, saying her testimony would be used to invoke sympathy. Prosecutors disagreed, saying even the young girl, who was 9 at the time, could see Floyd had a serious medical need.

Prosecutors are asking that the defense be barred from introducing evidence about the culture of the Minneapolis Police Department and past use-of-force complaints. Paule and Plunkett argued that barring such evidence would keep them from putting on a full defense.

Plunkett is also seeking to introduce evidence about two police stops from 2019 in which Floyd was present, saying they show how he acted when confronted by police and that he does not have claustrophobia, as he told officers during the arrest that ended in his death. Prosecutors say Floyd's prior police encounters are irrelevant.

Paule and Gray also want extra peremptory challenges during jury selection, citing pretrial publicity. Ordinarily, the government has six peremptory challenges and defendants in a multi-defendant case have 10.

It was not known if Magnuson would issue any rulings during Tuesday's hearing.

The three former officers also face state charges of aiding and abetting both murder and manslaughter.

___

Find AP’s full coverage of the death of George Floyd at: https://apnews.com/hub/death-of-george-floyd

  • Associated Categories: U.S. News, Associated Press (AP), AP National News, Top U.S. News short headlines
© Copyright 2022 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Status hearing set for 3 cops charged in Floyd's death
Three former Minneapolis police officers charged with violating George Floyd’s civil rights during an arrest that ended in his death are scheduled to appear in federal court for a pretrial conference
1:06PM ( 9 minutes ago )
Special rescues help ailing owners find pets' next home
Who will take your pet when you die
12:58PM ( 17 minutes ago )
Hungary sets election for April 3 in big challenge to Orban
Hungary’s president says the country will hold a parliamentary election on April 3
12:41PM ( 35 minutes ago )
Associated Press (AP)
California lawmakers to debate universal healthcare proposal
California lawmakers are set to debate whether to create the nation's first universal health care system
12:17PM ( 59 minutes ago )
Oklahoma death row inmates offer firing squad as alternative
An attorney for two men on Oklahoma's death row says after a judge's prodding that his clients agreed to choose execution by firing squad as a way to delay their upcoming lethal injections
12:15PM ( 1 hour ago )
Offer made to drop perjury charges in Ghislaine Maxwell case
Prosecutors say the U.S. government will agree to drop pending perjury charges against British socialite Ghislaine Maxwell if her sex trafficking case goes to sentencing later this year
12:13PM ( 1 hour ago )
AP National News
Chicago union leaders OK plan to resume in-person class
Students in the nation's third-largest school district will resume classes this week after leaders of the Chicago Teachers Union accepted a proposal with the district over COVID-19 safety protocols
10:39AM ( 2 hours ago )
How fleeting choices, circumstances doomed 17 in Bronx fire
A series of fleeting choices and troubling circumstances fueled a staggering tragedy — the fire at a Bronx apartment building that left 17 people dead
10:21AM ( 2 hours ago )
Safety doors failed in NYC high-rise fire that killed 17
Investigators are trying to determine why safety doors failed to close in a New York City high-rise when a deadly fire broke out
3:17AM ( 9 hours ago )
Top U.S. News short headlines
Special rescues help ailing owners find pets' next home
Who will take your pet when you die
12:58PM ( 17 minutes ago )
Hungary sets election for April 3 in big challenge to Orban
Hungary’s president says the country will hold a parliamentary election on April 3
12:41PM ( 35 minutes ago )
Kremlin: Not much optimism after Russia-US talks on Ukraine
The Kremlin says the security talks with the U.S. over tensions in Ukraine have given little reason for optimism, adding that Russia would wait for the outcome of other meetings this week before deciding whether it’s worth to continue negotiations
12:36PM ( 39 minutes ago )
Djokovic back into swing in Australia, visa questions linger
Novak Djokovic has held a practice session, a day after he left immigration detention, focusing on defending his Australian Open title even while he still faces the prospect of deportation because he’s not vaccinated against COVID-19
12:34PM ( 41 minutes ago )
California lawmakers debate universal health care proposal
California lawmakers are set to debate whether to create the nation's first universal health care system
12:20PM ( 55 minutes ago )