Additional Developments in George Floyd Criminal Cases

Developments in the four criminal cases over the killing of George Floyd through September 18, have been discussed or cited in a previous post.[1] Here are the further developments in the cases over the last two weeks.

Change Venue To Protect Defendants’ Safety [2]

The most significant development has been J. Alexander Kueng’s attorney’s October 1st argument that the case should be moved from Hennepin County to another county in order to protect the defendants’ safety. The following was the asserted factual basis for this supplemental argument:

• For the September 11^th hearing, “no recognizable plan was in place in advance of the hearing to assure the safe and orderly entry of CoDefendants or Co-Counsel into the courthouse.”
• “ Chauvin, who is in custody, was subjected to a degree of humiliation by being paraded in public dressed in jail cloths and body armor.”
• “Attorneys and Defendants were harassed upon arrival and departure from the courthouse.”
• Attorneys “ Paule and Mr. Thao were followed for several blocks by jeering protestors when departing. . . .[Attorneys] Gray, Plunkett, and their respective clients were harassed. Gray and Lane were physically assaulted.”
• “A privately owned vehicle sustained nearly $2,000.00 worth of damage from the violent rioters.”
• “A rioter also used video from the event to dox [slang: publishing the private personal information of another person] one of the parties.”
• https://en.wikipedia.org/wiki/Doxing
• “Before leaving the courthouse, counsel conferred with court security to get advice on how they should safely leave the area. Court security suggested they wait until after The Floyd family and their attorney had addressed the crowd. This advice did not make sense, and, if followed, caused greater concern for attorney and client safety. Counsel rightfully believed that these speeches would incite the crowd making their departure far more risky and tempt rioters to storm the courthouse.”

Under Minnesota Rules of Criminal Procedure, the defense attorney argued, “a change of venue may be granted in the interests of justice,” and under cited Minnesota Supreme Court cases, “Where there is reason to believe that it will be impossible to obtain a fair and impartial trial in the county selected because of local prejudices, feelings, and opinions, the ends of justice require that a change of venue be granted.”

If the trial were held in Hennepin County, said the defense attorney, “the jury will be influenced by the screaming and yelling of the crowds that could be heard from the first floor during the motions hearing. . . . Witnesses will be intimidated as they have to walk the gauntlet before they testify. Defense witnesses will be reluctant to testify if providing exculpatory evidence will subject them to rioting, assaults and dox attacks.”

“The defendants have to reasonably question whether the chants and crowds will impact the decisions of the judge and jury in their case as the people that will decide their case pass through the rioters during weeks of trial.”

“The defendants and their lawyers cannot safely enter and exit the courthouse. Parties were physically assaulted after a simple motions hearing. During trial, tensions are going to be even higher. The lawyers will be carrying notebooks, computers, law books and other materials to help defend their clients, which will make it more difficult for them to avoid the angry crowds.”

“As demonstrated by the September 11th hearing, the Court simply cannot control the rioters and protesters who have taken to the streets of Minneapolis. This Court must grant a change of venue to a county where the defendants can obtain a fair trial free from the riots and crowds that will occur if he is tried in Hennepin County.”

Presumably the other three defendants will support this argument and the State will attempt to counter it, presumably be identifying security measures that will be imposed.

Prior Acts of Chauvin, Kueng and Thao [3]

Another significant development was the State’s notice of intent to offer evidence of eight other instances of Chauvin’s alleged use of force to prove his intent, knowledge;  common scheme or plan and modus operandi; one instance of Kueng’s use of force to prove knowledge and intent; and nine instance of Thao’s conduct to prove expediency, dishonesty and refusal to respond to training.

The State also said it intends prior to trial to file a separate memorandum in support of the admission of this evidence and that it “may offer evidence of other acts, instances of specific conduct, and prior convictions” of the defendants.”

The defendants have not yet responded to this notice, except in their additional arguments against joinder of the cases for trial, as discussed below.

Additional Arguments Against Joinder of Cases for Trial [4]

As previously discussed, the court at the September 11 hearing heard arguments for and against the State’s motion to join all four cases for one trial. Now two of the defendants have submitted additional opposing briefs.

Chauvin’s attorney argued that the State’s intent to offer evidence of eight prior acts of Chauvin and of prior acts of two of the other defendants (Kueng and Thao) demonstrates that “a majority of the evidence will not be admissible against all defendants” and, therefore, contradicting the State’s argument for joinder. In addition, Chauvin would be prejudiced by the other defendants attempts to blame Chauvin.

Kueng’s attorney argues that the State’s intent to use evidence of prior bad acts by Chauvin and Thao would prejudice Kueng because such evidence could be used against Kueng and he could use the evidence in a manner in which the State would be prohibited.

Thomas Lane Case  [5]

Lane’s attorney noticed his intent to offer evidence of Lane’s good character in a January 2020 encounter with a homeless Black individual in a wheelchair.

Alexander Kueng Case [6]

In addition to his previously mentioned additional argument for change of venue, Kueng has filed an appeal to the Minnesota Court of Appeals from the district court’s denial of his request for public funding of fees for services other than counsel.

 Press Articles about Defendants [7]

There also have been press articles about the defendants.

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[1] See Developments in George Floyd Criminal Cases, dwkcommentaries.com (Sept. 19, 2020).

[2] Supplemental Memorandum Notice of Motion and Motion To Change Venue, State v. Kueng, Court File No.: 27-CR-20-12933 (Hennepin County Dist. Ct. Oct. 1, 2020); Olson, Crowd swarms former Minneapolis police officers with shouts of ‘Murderer!’, StarTribune (Sept. 11, 2020); Forliti, Lawyer: Unruly crowd warrants venue change in Floyd case, StarTribune (Oct. 1, 2020); Xiong, Protesters assaulted former officer charged in George Floyd’s killing and defense attorney, court filing alleges, StarTribune (Oct. 2, 2020). 

[3] State’s Amended Notice of Intent To Offer Other Evidence, State v. Chauvin, Court File No. 27-CR-20-12646 (Hennepin County Dist. Ct. Sept. 25, 2020).

[4] Defendant’s [Kueng’s] Memorandum—Effect of the State’s Spreigl Notice of Joinder, State v. Kueng, Court File No.: 27-CR-20-12953 (Hennepin County District Court Sept.25, 2020); [Chauvin’s} Memorandum of Law Regarding the Effect of the State’s Spreigl Notice of Its Joinder Motion, State v. Chauvin, Court File No.: 27-CR-20-12646 (Hennepin County District Court Sept.25, 2020).

[5] Defendant Thomas Lane Notice of Intent To Offer Character Evidence, State v.Lane, Court File No.: 27-CR-20-12951 (Hennepin County District Court Sept. 30, 2020).

[6] Appellate Notice of Case Filing, State v. Kueng, Court File No.: 27-CR-20-12953 (Hennepin County District Court Sept. 22, 2020 27-CR-20-12953 (Hennepin County District Court Sept. 22, 2020); Appellate Notice of Court Filing, State V. Kueng, File #27-CR-20-12953 (Minn. Ct. App. Sept. 22, 2020); Request for Trial Court Record-Appellate Court, State v. Kueng, File A20-1225 (Minn. Ct. App. (Sept. 24, 2020); Appellate Exhibit List, State v. Kueg, Court File No.: 27-CR-20-12953 (Hennepin County District Court Sept.25, 2020).

[7] Chanen, Trouble signs showed up early in the career of fired Minneapolis police officer Tou Thau. StarTribune (Sept. 26, 2020); Xiong, [Kueng’s] Former officer’s failure to stop the deadly restraint of George Floyd leaves friends perplexed, StarTribune, StarTribune (Sept. 13, 2020).