Defendant Kueng Moves for Dismissal and Change of Venue in George Floyd Case

On August 27, J. Alexander Kueng, a former Minneapolis police officer, submitted a motion to dismiss the criminal complaint against him and to change the venue of the case from Hennepin County to a county with “appropriate facilities and demographics,” such as Stearns County. [1]

Motion To Dismiss [2]

Most of the eight-page dismissal motion was a legal memorandum in support of the motion to dismiss for alleged lack of probable cause for the charges of aiding and abetting second degree murder and second-degree manslaughter. Its statement of facts purports to be taken from the criminal complaint.

No Aiding and Abetting Second-Degree Murder. “The restraint used on Floyd by Chauvin was reasonable. As the complaint notes, officers are trained on how to use the neck restraint involved here. Moreover, the restraint has been found to be reasonable when the subject “actively resists,” citing Lombardo v. City of St. Louis, 956 F.2d 1009, 1013 (8th Cir. 2020).

Although the complaint does not say Floyd resisted, its description of his actions “show he resisted. He resisted and fell to the ground when Lane and Kueng tried to pick him up off the sidewalk. . . . Floyd would not voluntarily get into the squad [car]. Multiple officers tried to get him into the squad , and when Floyd continued to resist, Chauvin pulled Floyd onto the ground. Floyd continued to resist by calling out while he was on the ground. Given Floyd’s resistance, the use of neck restraint was reasonable.”

“[T]here is no evidence that Kueng knew Chauvin was going to commit a crime at the time and during the time Chauvin utilized the neck restraint. [Twice Chauvin rejected Lane’s suggestion of rolling Floyd onto his stomach, showing Chauvin did not consider his use of force to be unreasonable.] There is no evidence that Kueng knew Chauvin was going to commit or was committing a third-degree assault” or that “Kueng intended his presence to further a crime.”

No Aiding and Abetting Second-Degree Manslaughter. “Chauvin’s actions were not objective gross negligence. He used a technique that he was trained to use and that the Eighth circuit has found to be reasonable.” Nor was Chauvin’s conduct subjectively reckless. Moreover, the “complaint does not establish that Kueng knew Chauvin was going to negligently commit a crime or that he did so or that “Kueng intended his presence to further the commission of a negligent act.”

Motion To Change Venue [i3]

Kueng also moved for a change of venue from Hennepin County to another county “outside the seven-county metro area, such as Stearns County or another county with appropriate facilities and demographics.”

This motion was based upon “’potentially’ prejudicial material that has been disseminated publicly by the prosecution, creating a reasonable likelihood that a fair trial in the metro area cannot be had.” It also asserts that there have been over 1,700 local articles about these criminal cases.

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[1] Xiong, Former officer in George Floyd case seeks change of venue, dismissal of charges, StarTribune (Aug. 27, 2020).

[2] Notice of Motion and Motion To Dismiss for Lack of Probable Cause, State v. Kueng, Court File No. 27-CR-20-12953 (Hennepin County District Court August 27, 2020). Kueng also submitted a Notice of Additional Evidence regarding (a) Floyd’s May 6, 2019, Minneapolis arrest for sale and possession of large quantities of controlled substances and  his immediate medical intervention at Hennepin County Medical Center; and (b) his August 9, 2007, Texas arrest and subsequent conviction for Aggravated Robbery with a Deadly Weapon. (Notice of Additional Evidence,, State v. Kueng, Court File No. 27-CR-20-12953 (Hennepin County District Court August 27, 2020).

[3] Notice of Motion and Motion To Change Venue, State v. Kueng, Court File No. 27-CR-20-12953 (Hennepin County District Court August 27, 2020).

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As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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