On May 31st Defendants Tou Thao and J. Alexander Kueng asked Hennepin County District Court Judge Peter Cahill to postpone their criminal trial now scheduled to start on June 13 to after federal sentencing and to change the venue for the trial to another county outside the Twin Cities.[1] They contend that it will be impossible to select an impartial jury in light of the following recent developments: the recent guilty plea from their co-defendant, Thomas Lane;[2] the February guilty verdicts for all three former officers in federal court;[3] the settling of costly civil rights lawsuits and public comments from politicians like Attorney General Keith Ellison; and the May 31st premier of the PBS Frontline/StarTribune documentary of the George Floyd killing and its aftermath.[4]
The prosecution (State of Minnesota) opposes these motions.[5] It states that this is a belated attempt “to move this case to somewhere else in Minnesota or delay proceedings for yet another year. This newest motion—Defendant Kueng’s fourth such request—does not offer new facts that warrant this court revisiting its earlier decisions and changing course at this late hour. . . . [This] latest filing is nothing more than a last-ditch attempt to evade judgment.”
Conclusion
These motions, in the opinion of this blogger, will promptly be denied.
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[1] Defendant’s Fourth Motion for Change of Venue or Continuance, State v. Kueng, Court File No. 27-CR-20-12953 (May 28, 2022); Notice of Motion and Motion for a Change of Venue or in the Alternative a Motion for Continuance, State v. Thao, Hennepin County District Court, Court File No. 27-CR-20-12949 (May 30, 2022); Mannix, Two former Minneapolis officers charged in George Floyd killing ask judge to delay, relocate trial, StarTribune (May 31, 2022).
[2] Ex-Officer Thomas Lane Pleads Guilty to State Charge of Aiding and Abetting Manslaughter of George Floyd, dwkcommentaries.com (May 18, 2022);
[3] Federal Criminal Trial for Killing of George Floyd: Jury Deliberations and Verdict, dwkcommentaries.com (Feb. 25, 2022).
[4] ‘Frontline’ teams up with StarTribune for documentary on Minneapolis police, StarTribune (May 31, 2022).
[5] State’s Opposition to a Change of Venue or a Continuance, State v. Kueng & Thao, Hennepin County District Court, Court File Nos. 27-Cr-20-12953 & 27-CR-20-12949 (May 30, 2022).
