Tag: Judge Peter Cahill

State Court Imposes Sentence of 57 Months Imprisonment on Tou Thao for Aiding Manslaughter of George Floyd

When George Floyd was killed on May 25, 2020, Tou Thao was a Minneapolis police officer who was in charge of monitoring and restraining the large nearby crowd of bystanders while observing fellow officers Derek Chauvin, Thomas Lane and Alexander Kueng physically restraining and killing George Floyd on the nearby pavement. On August 7, 2023, Thao was sentenced in state court to 57 months imprisonment for aiding and abetting second-degree manslaughter. The following is a summary of Minnesota state courts’ proceedings, convictions and sentencings of these four ex-Minneapolis police officers.

Prior State Court Proceedings[1]

The State of Minnesota charged Thao and the other three officers with various crimes for the killing of Mr. Floyd. The officer in charge, Derek Chauvin, was the first officer to go on trial in the Hennepin County District Court and a jury found him guilty of second- and third-degree murder and second-degree manslaughter and the court sentenced him to 22.5 years  imprisonment.

The Minnesota Court of Appeals then denied Chauvin’s appeal and the Minnesota Supreme Court declined to hear his further appeal. According to his attorney, Chauvin will petition the U.S. Supreme Court to review his case.

In Hennepin County District Court in May 2022, Officer Lane pleaded guilty to a charge of aiding and abetting second-degree manslaughter and was sentenced to 2.5 years imprisonment.

In October 2022, also in Hennepin County District Court, Kueng pleaded guilty to aiding and abetting manslaughter  and was sentenced to three years imprisonment.

Thao, however, rejected a proposed guilty plea and instead chose to have Judge Cahill try him on stipulated evidence.

District Court’s Conviction of Thao[2] 

 On May 1, 2023, District Court Judge Peter Cahill issued the Court’s 177-page Verdict, Findings of Fact, Conclusions of Law and Memorandum Opinion. In finding Thao guilty of aiding and abetting second-degree manslaughter of George Floyd, the Verdict stated:

  • “Thao actively encouraged his three colleagues’ dangerous prone restraint of Floyd while holding back a crowd of concerned bystanders begging the officers to render medical aid. Thao knew, as the minutes passed and the restraint continue unimpeded, that Floyd had stopped talking and fallen silent, had stopped moving altogether, and
  • had become totally unresponsive. In fact, by about six minutes into the restraint, Floyd stopped breathing, lost consciousness, and became pulseless.”
  • That night Thao “was an experienced Minneapolis police officer with almost a decade’s experience. He knew that the officers’ prone restraint could kill. Like the other officers, Thao had been trained specifically to turn an individual onto his side to avoid positional asphyxia, the very thing that several eminent medical specialists who testified at trial concluded caused Floyd’s death. Like the bystanders, Thao could see Floyd’s life slowly ebbing away as the restraint continued. Yet Thao made a conscious decision to actively participate in Floyd’s death: he held back the concerned bystanders and even prevented an off-duty Minneapolis firefighter from rendering the medical aid Floyd so desperately needed.”
  • ““Thao also directly insisted upon continuing the restraint that took Floyd’s death that night. Soon after Floyd had been subdued prone on the street, Thao retrieved a device called a ‘hobble’ from Lane’s and Kueng’s squad. If properly employed, that hobble would have saved Floyd’s life. But Thao encouraged the other officers not to use the hobble and instead to ‘hold on’ and continue the physical restraint by which his three fellow officers were bearing down on Floyd, forcing him into the unyielding concrete of the street, drastically inhibiting his ability to breathe effectively. Thao’s stated reason? ‘If we hobble him, the sergeant is going to have to come out’ to complete the paper work for a ‘use of force review’ mandated by MPD policy whenever the hobble is employed. The short of it: Tou Thao did not want to follow the proper protocol and the work it would entail. George Floyd died as a result.”

District Court’s Sentencing of Thao[3]

On August 3, 2023, Minnesota Assistant Attorney General  Erin Eldridge submitted a three-page letter to the Court noting that the presumptive sentence for this crime for Thao was 48 months with a guideline range of 41 to 57 months and that the State requested the imposition of a 51 month sentence for the following reasons:

  • “Thao’s conduct was calculated, deliberate, and directly facilitated and perpetuated the restraint that led to Floyd’s death. Throughout the encounter, Thao was aware of Floyd’s distress and the dangerousness of the ongoing prone restraint. Thao discouraged the officers from using a hobble—a device that, if properly utilized, would have saved Floyd’s life. . . . Instead, Thao actively encouraged his fellow officers to continue to restrain Floyd prone on the ground. . . . . . Thao also ‘expressly refused to allow’ ‘a trained Minneapolis firefighter’ ‘to tend to Floyd, . . . despite Floyd’s obvious distress. . . . In short, Thao bears personal responsibility for what happened that day. This Court should impose a punishment that reflects Thao’s culpability.”
  • “Thao’s conduct was even more egregious in light of his extensive experience and training. Thao completed the police academy in 2009, and became a full-time officer in 2012, serving in that capacity for 8 years. …. Over the course of his multi-year career, Thao completed 1,014 hours of MPD training, including medical training, defensive tactics training, procedural justice training, and crisis intervention training. . . . .Above all, Thao had been trained about the importance of placing individuals in the side recovery position to alleviate the risk of positional asphyxia. . . . Yet despite his extensive on-the-job experience and copious training, Thao intentionally encouraged the use of a dangerous prone restraint, discouraged the use of a hobble, and prevented an off-duty firefighter from rendering aid. In short, Thao knew better, but did not do better.”
  • “Thao acted callously and cruelly. Thao mocked Floyd, telling the concerned bystanders: ‘This is why you don’t do drugs, kids.’ . . . . Thao dismissed Floyd’s pleas: ‘He’s talking, so he’s fine.’ . . . And Thao encouraged the dangerous behavior for selfish reasons: In Thao’s words, if the officers used a hobble, ‘a sergeant’s going to have to come [to the scene].’ ….This Court put it best: ‘Tou Thao did not want to follow the proper protocol and the work it would entail. George Floyd died as a result.’ . . . . “
  • “[A] a significant term of incarceration would serve as a deterrent for similar misconduct. Police officers enforce the law; they are not above the law. A 51-month prison sentence will discourage other public servants from engaging in similar criminal behavior or abuses of authority.”
  • “Thao has neither accepted responsibility nor shown any remorse for his actions”

At the August 7 sentencing hearing, Mr. Eldridge said, “George Floyd’s last words were heard around the world,  but more importantly they were heard by Tou Thao and we cannot forget them now three years later.”

Mr. Thao’s attorney, Robert Paule, said at the hearing, “The death of Mr. Floyd is a tragedy, but the court is a place of justice, not retribution. Mr. Thao went out that day with the purest intentions. My client is a good and decent man with a family.” Paule then requested a sentence of 47 months, which was 10 months less than the maximum of the sentencing guidelines.

Mr. Thao then spoke for about 23 minutes to say, “Hold on to the truth that I did not commit these crimes; my conscience is clear. I will not be a Judas nor join a mob in self-preservation or betray my God. I did not intend on hurting anyone that day. I did the best I thought I could. Obviously the outcome didn’t come out the way I wanted it. I’ll leave it at that” without any apology. He then quoted Biblical passages and preached of repentance, fear of God and forgiveness. “Today if you feel the love of God pulling at your heart. . . . Let it be your day of salvation. Do not harden your heart in rebellion, for God desired mercy and relationship with you.”

Thao then directly asked Judge Cahill if he was a brother in Christ and apologized if he had offended the Judge by refusing to take a guilty plea deal and having said, “it would be a lie and a sin for me to accept a plea deal.” The Judge then said no offense was taken.

Thao closed by saying that he is praying for everyone in the room, including the Judge, and that if anyone needs him for prayer, “you know where to find me. Thank you judge. God bless you.”

Judge Cahill then said, “After three years of reflection, I was hoping for a little more remorse, regret, acknowledgement of some responsibility and less preaching.” The Judge added that he would not rehash the facts of the case, but that Thao’s “culpability is less than Mr. Chauvin, but well above Mr. Kueng and Mr. Lane as an experienced senior officer who was in the best position to save George Floyd.” Therefore, a sentence of 57 months was appropriate.

This sentence will be served in Minnesota state prison, to which he will be transferred from federal prison where he already is serving his federal sentence of 42 months for violations of Floyd’s civil rights with the balance of that federal sentence to be served concurrently with the state sentence. [4]

Conclusion

After the hearing, Thao’s attorney said he would appeal the guilty verdict and the sentence.

=========================

[1] See, e.g., List of Posts to dwkcommentaries—Topical: George Floyd Killing.

[2] Tou Thao, ex-MPD Officer, Convicted for Aiding and Abetting Second-Degree Manslaughter of George Floyd, dwkcommentaries.com (May 3, 2023); Briefs in Tou Thao’s State Court Criminal Case Over Killing of George Floyd, dwkcommentaries.com (Feb. 2, 2023);

[3] Hyatt, Ex-Minneapolis cop Tou Thao sentenced to nearly 5 years for aiding George Floyd’s killing, StarTribune (Aug. 7, 2023); Karnowski, Ex-Minneapolis officer unrepentant as he gets nearly 5 years in George Floyd killing, AP News (Aug. 7, 2023); Betts, Former Officer Gets More than 4 Years in Final Sentencing for Police Killing of George Floyd, N.Y. Times (Aug. 7, 2023). Bailey, Ex-Minneapolis officer gets second sentence in George Floyd’s death, Wash. Post (Aug. 7, 2023); Helmore, Ex-officer sentenced to nearly five years for role in George Floyd’s murder, Guardian (Aug. 7, 2023); Letter, Minnesota Assistant Attorney General Erin R. Eldridge to Judge Peter Cahill (Aug. 3, 2023).

[4] Tou and the other three ex-MPD officers were also sued in federal court for alleged violations of Mr. Floyd’s civil rights. All four of them were convicted and sentenced to federal imprisonment. (E.g., U.S. Court of Appeals Affirms Federal Conviction of Tou Thao for Violating the Civil Rights of George Floyd, dwkcommentaries.com (Aug. 5, 2023).) https://www.startribune.com/tou-thao-sentenced-nearly-5-years-aiding-george-floyds-killing/600295391/?refresh=true

Tou Thao, ex-MPD Officer, Convicted for Aiding and Abetting Second-Degree Manslaughter of George Floyd

On May 1, 2023, Hennepin County District Court Judge Peter Cahill, after a trial on stipulated evidence, issued the Verdict that Tou Thao, a former MPD officer, “committed and is GUILTY of the offense of aiding and abetting second-degree manslaughter in violation of Minn. Stat. [section] 609.05, Subd. 1, 609.205(1) in connection with the death of George Floyd on May 25, 2020 . . . and is hereby convicted of that offense.” [1]

In its 177-page Verdict, Findings of Fact, Conclusions of Law, and Memorandum Opinion in Stipulated Evidence Trial, the Court’s summary of the key evidence on this charge stated the following:

  • “Thao actively encouraged his three colleagues’ [Derek Chauvin, J. Alexander Kueng and Thomas Lane] dangerous prone restraint of Floyd while holding back a crowd of concerned bystanders begging the officers to render medical aid. Thao knew, as the minutes passed and the restraint continue unimpeded, that Floyd had stopped talking and fallen silent, had stopped moving altogether, and had become totally unresponsive. In fact, by about six minutes into the restraint, Floyd stopped breathing, lost consciousness, and became pulseless.”
  • “Thao, Chauvin’s partner on that night, was an experienced Minneapolis police officer with almost a decade’s experience. He knew that the officers’ prone restraint could kill. Like the other officers, Thao had been trained specifically to turn an individual onto his side to avoid positional asphyxia, the very thing that several eminent medical specialists who testified at trial concluded caused Floyd’s death. Like the bystanders, Thao could see Floyd’s life slowly ebbing away as the restraint continued. Yet Thao made a conscious decision to actively participate in Floyd’s death: he held back the concerned bystanders and even prevented an off-duty Minneapolis firefighter from rendering the medical aid Floyd so desperately needed.”
  • “Thao also directly insisted upon continuing the restraint that took Floyd’s death that night. Soon after Floyd had been subdued prone on the street, Thao retrieved a device called a ‘hobble’ from Lane’s and Kueng’s squad. If properly employed, that hobble would have saved Floyd’s life. But Thao encouraged the other officers not to use the hobble and instead to ‘hold on’ and continue the physical restraint by which his three fellow officers were bearing down on Floyd, forcing him into the unyielding concrete of the street, drastically inhibiting his ability to breathe effectively. Thao’s stated reason? ‘If we hobble him, the sergeant is going to have to come out’ to complete the paper work for a ‘use of force review’ mandated by MPD policy whenever the hobble is employed. The short of it: Tou Thao did not want to follow the proper protocol and the work it would entail. George Floyd died as a result.”

Parties’ Attorneys’ Comments on this Verdict[2]

 After this Verdict was filed, Minnesota Attorney General Keith Ellison stated, “The conviction of Tou Thao is historic and the right outcome. It brings one more measure of accountability in the tragic death of George Floyd. Accountability is not justice, but it is a step on the road to justice.”

Thao’s attorney, Robert Paule, said he plans to appeal the verdict. “I respectfully disagree with the decision, and I think [the Judge] expands the doctrine of aiding and abetting beyond what we’ve seen [defined] at the appellate level.” His client was “disappointed. He really is.”

Conclusion

Now all four of the ex-MPD officers involved in the killing of George Floyd have been found guilty of state and federal criminal charges for same.

==============================

 

[1] Verdict, Findings of Fact, Conclusions of Law, and Memorandum Opinion in Stipulated Evidence Trial, State v. Thao, Mn. Dist. Ct., Ct. File No. 27-CR-20-12949 (May 1, 2023); Walsh & Hyatt, Tou Thao, ex-MPD officer charged in George Floyd’s killing, found guilty, StarTribune (May 2, 2023); Karnowski (AP). Ex-officer Thao convicted of aiding George Floyd’s killing, AP News (May 2, 2023). Most of the prior developments in the state and federal criminal trials of the four ex-officers are covered in this blog’s previous posts. (See List of Posts to dwkcommentaries—Topical: George Floyd Killing.)

[2] Minnesota Attorney General Ellison. Tou Thao convicted of 2nd-degree manslaughter in murder of George Floyd (May 1, 2023).  This document included a similar statement by Hennepin County Attorney Mary Moriarty.

 

Briefs in Tou Thao’s State Court Criminal Case Over Killing of George Floyd 

October 24, 2022, was the scheduled date for starting the state criminal trial of  former Minneapolis Police officers Tou Thao and J. Alexander Kueng  for the killing of George Floyd. Instead that day Thao told Hennepin County District Court Judge Peter Cahill that he was giving up his right to a jury trial and agreeing instead to a trial only on the aiding and abetting the second-degree manslaughter charge by stipulated evidence. (That same day Kueng and the prosecution announced to the Court that they had negotiated an agreement for a guilty plea by Kueng.) [1]

Thus, January 30, 2023, marked the filing of the parties’ briefs in the Thao state criminal case. [2]

Thao’s Brief

Thao’s attorney argued that Thao is innocent of criminal wrongdoing and should be acquitted on state charges of aiding and abetting murder and manslaughter. This is the necessary conclusion from the state’s failing to prove beyond a reasonable doubt that Thao knew that Chauvin was committing a crime or that Thao intended to aid in a crime.

Thao “reasonably believed” that Floyd was experiencing a controversial set of symptoms known as “excited delirium” and that the actions he took at the scene were with the intention of helping to get Floyd medical attention faster because he was trained to view excited delirium as life threatening.. Every one of Thao’s actions was done based upon the training he received from the Minneapolis Police Department.

Based on his training and experience, “Thao reasonable believed that Floyd could be experiencing excited delirium and that Chauvin was acting within the bounds of hi legal authority because MPD repeatedly had trained its officers to do just that. In addition, Thao acted repeatedly and intentionally to get [Floyd] the proper medical attention

Thao acknowledged he heard onlookers becoming more anxious about Floyd’s condition and calling on officers to check his pulse. But he said his role was control of the crowd of about 15 bystanders. While he acknowledged hearing Floyd saying, “I can’t breathe,” he said he didn’t know there was anything seriously wrong with him even as an ambulance took him away.

Prosecution’s Brief

Prosecutors argued in their brief that Thao “acted without courage and displayed no compassion” despite his nearly nine years of experience and that he disregarded his training even though he could see Floyd’s life slowly ebbing away.

 Prosecutor Matthew Frank disputed the excited delirium defense, writing that even witnesses who believe excited delirium exists testified previously that Floyd displayed none of the symptoms.

“Thao was aware that his three colleagues were on top of Floyd, and were restraining Floyd in the prone position. Thao knew that this prone restraint was extremely dangerous because it can cause asphyxia — the inability to breathe — the exact condition from which Floyd repeatedly complained he was suffering. Yet Thao made the conscious decision to aid that dangerous restraint by  actively encouraging the other three officers, and assisting their crime by holding back concerned bystanders.”

Conclusion

Cahill has 90 days to rule and hand down a sentence if he finds Thao guilty. He’ll base his decision on evidence agreed to by both sides — exhibits and transcripts from Chauvin’s 2021 murder trial in state court and the federal civil rights trial of Thao, Kueng and Thomas Lane last year. Thao was specifically convicted then of depriving Floyd of his right to medical care and of failing to intervene and stop Chauvin.

If Thao is convicted of aiding and abetting manslaughter, Minnesota guidelines recommend four years on the manslaughter count. He would serve his state term concurrent with his federal sentence.

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[1]  Kueng and State Agree on Guilty Plea while Thao Agrees to Judge Cahill’s Deciding His Case on Existing Record, dwkcommentaries.com (Oct. 24, 2022).

[2] Karnowski, Fate of last ex-cop charged in Floyd murder, AP News (Feb. 1. 2023); State’s Closing Argument, State v. Thao, Court File No. 27-
CR-20,12949, Henn. County Dist. Ct. (Jan. 31, 2023); Defendant Thao’s Closing Argument, Court File No. 27-CR-20,12949, Henn. County Dist. Ct. (Jan. 31, 2023).

 

Minnesota State District Court Sentences Kueng for Helping To Kill George Floyd   

On October 24, 2022, Minnesota’s Hennepin County District Court Judge Peter Cahill held a hearing in the state’s criminal case against former Minneapolis police officer, J. Alexander Kueng, for aiding and abetting the manslaughter and murder of George Floyd on May 25, 2020.   [1]

Instead of the scheduled selection of a jury for the trial of those charges that day, Kueng and the prosecution announced an agreement for his pleading guilty to aiding and abetting the second-degree manslaughter of Mr. Floyd and a prison sentence of three and a half years. Kueng’s attorney, Thomas Plunkett, said that the negotiated settlement included dismissal of the second count of aiding and abetting second-degree unintentional murder and Kueng’s state sentence to be be served concurrently with his federal sentence for three years he’s serving at the federal prison in Elkton, Ohio.

In accordance with that settlement, on December 9, 2022, Judge Cahill at a short hearing imposed that three and a half year sentence on Kueng, who appeared virtually from that federal prison, but said nothing.[2]

Minnesota Assistant Attorney General Matthew Frank at this hearing said while he appreciates this guilty plea and Kueng’s taking responsibility for what he did, “it just took too long to get there. Mr. Kueng was not simply a bystander in what happened that day. In fact, he did less than some of the bystanders tried to do to help with Mr. Floyd.”

Frank also said that Floyd’s family and friends are trying to move on with healing, but that’s difficult to do with ongoing court proceedings. He added that prosecution has focused on the conduct of officers causing Floyd’s death, not an “examination on policing in general.”

Frank added, “But if some lessons can come from this case, all the better … Being a peace officer is a very difficult job, it is truly a profession. But part of that profession is dealing with people every day who are not having their best day. Who are struggling with mental health, who are struggling with addiction and other anxieties.”

According to Frank, providing medical assistance is part of the job, but officers didn’t do that for Floyd. “Mr. Kueng was more than just a rookie. He had taken all the education, gone through all the training and experience to become a licensed peace officer. He learned the law. He swore an oath to protect life, to put the sanctity of life as the highest command of the job. But that day, he did not follow that training or that oath … George Floyd is a crime victim.”

Kueng’s attorney, Thomas Plunkett, then disagreed with these statements from the Assistant Attorney General. Plunkett said Kueng was a three-day rookie after he completed his training while trusting his leadership, including now-retired Chief Medaria Arradondo and Inspector Katie Blackwell. However, “the chief rides off into the sunset with a handsome pension. Mrs. Blackwell received a promotion to inspector and Mr. Kueng, the rookie, sits in prison one year for every day he served the city.”

Plunkett concluded, “It is clear that leadership learned nothing and forgot nothing. They failed Mr. Kueng. They failed Mr. Floyd and they failed the community. Protesters have called for justice. Unfortunately, justice has become nothing more than mean-spirited revenge … I’m calling for progress. That way Mr. Floyd’s life and Mr. Kueng’s punishment will not be in vain.”

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[1] Kueng and State Agree on Guilty Plea while Thao Agrees to Judge Cahill’s Deciding His Case on Existing Record, dwkcommentaries.com (Oct. 24, 2022).

[2]  Former Minneapolis officer J. Alexander Kueng sentenced in George Floyd killing, StarTribune (Dec. 9, 2022);  Bailey, Ex-Minneapolis officer sentenced on state charges in Floyd’s death, Wash. Post (Dec. 9, 2022); Assoc. Press, Former police officer who kneeled on George Floyd’s back sentenced to prison, Guardian (Dec. 9, 2022).

Kueng and State Agree on Guilty Plea while Thao Agrees to Judge Cahill’s Deciding His Case on Existing Record

Today, October 24th was to be the start of the state court criminal trial with jury selection for J. Alexander Kueng and Tou Thao on charges of aiding and abetting the manslaughter and murder of George Floyd.[1]

Instead today the selection of a jury for that trial did not happen when Kueng and the prosecution announced an agreement for his pleading guilty to aiding and abetting the second-degree manslaughter of Mr. Floyd and a prison sentence of three and a half years. Kueng’s attorney, Thomas Plunkett, said that the negotiated settlement included dismissal of a second count of aiding and abetting second-degree unintentional murder and Kueng’s state sentence will be served concurrently with the federal sentence for three years he’s serving at the federal prison in Elkton, Ohio.[2]

After that announcement, co-defendant Tou Thao told District Judge Peter Cahill that he was giving up his right to a jury trial and agreeing instead to a trial only on the aiding and abetting the second-degree manslaughter charge by stipulated evidence. Thao’s attorney, Robert Paule, said that means Cahill will review the evidence and issue a verdict within 90 days and that if the decision is guilty there will be a sentence of three to five years. By November 17th the parties will advise the court of the evidence to be considered and written closing arguments with the Judge to render his decision within the following 90 days.

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[1] E.g., Preparations for State Criminal Trial of Kueng and Thou Over Killing of George Floyd, dwkcommentaries.com (Oct. 13, 2022).

[2] Hyatt, Kueng pleads guilty to state charges in George Floyd killing, while Thao agrees to let judge decide his case, StarTribune (Oct. 24, 2022); Forliti, Ex-Minneapolis cop pleads guilty in George Floyd killing, AP News (Oct. 24, 2022); Bogel-Burroughs, Officer Pleads Guilty to Manslaughter in George Floyd’s Death, N.Y. Times (Oct. 22, 2022).

Preparations for State Criminal Trial of Kueng and Thao Over Killing of George Floyd     

On October 13, Hennepin County District Court Judge Peter Cahill entered an Amended Trial Management Order for the upcoming trial of J. Alexander Kueng and Tou Thao, former Minneapolis police officers, who face charges of aiding and abetting two crimes: (a) second-degree murder and (b) manslaughter  of George Floyd.[1]

Latest Trial Management Order

This Order provided great details on the following:

  • Trial Courtroom (No. 1856), the largest trial courtroom with maximal flexibility, in the Hennepin County Government Center (para. 1);
  • the Media Overflow Courtroom (No. C-2350) (para. 2);
  • the General Public Overflow Courtroom (No. 1659) (para. 3);
  • Court Administration discretion to combine overflow (para. 4);
  • Parties’ Work Rooms (para. 5);
  • Jury Anonymity (para. 6);
  • Clothing/Logos (para. 7), which bans all persons in attendance from “wearing any mask or article of clothing that contains any outwardly-visible image, logo, or letters, or is otherwise dressed in a coordinated fashion with other attending observers in any manner which . . . is designed to send a message to the jury hearing this trial;”
  • “All earlier administrative and trial management and decorum orders addressing other trial logistics and management-related matters . . . remain in effect, except as and only to the extent expressly superseded by this Order (para. 8); and
  • “All other rules of decorum found in Minn. Gen. R. Prac.2 will be followed unless specifically modified by this order or other orders of the presiding judge. The HCSO and court staff are authorized to enforce the rules of decorum” (Para. 9).

The trial is scheduled to start on October 24 with jury selection followed by opening statements on November 7. The trial testimony and closing arguments are expected to end by December 16th, when the jury is anticipated to commence its deliberations.

Pretrial Motions

Judge Cahill, however, has not yet released his rulings on the defendants’ 170 pretrial motions that were argued before the court on October 6 and 7.[2]

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[1] Amended Trial Management Order, State v. Thao & Kueng, (Oct. 13, 2022).

[2] Hyatt, Litany of motions heard ahead of ex-MPD officers’ trial this month for George Floyd’s killing, StarTribune (Oct. 7, 2022); Forliti, State, cops seek to bar evidence in trial over Floyd killing, AP News (Oct. 5, 2022)..

State Court Imposes Three-Year Sentence on Thomas Lane for Aiding and Abetting Manslaughter in Killing of George Floyd 

On September 21, 2022, Hennepin County District Court Judge Peter Cahill sentenced former Minneapolis police officer Thomas Lane to three years imprisonment based upon his May 18, 2022, guilty plea to aiding and abetting manslaughter of George Floyd.[1]

That guilty plea agreement included the prosecution’s agreeing to a three-year sentence, dropping the more serious count of aiding and abetting second-degree unintentional murder and agreeing to Lane’s service of the state sentence in the federal penitentiary where Lane was already imprisoned for his federal conviction after trial for depriving Mr. Floyd of his civil rights.

Before Judge Cahill imposed the sentence, Minnesota Assistant Attorney General Matt Frank stated that the three-year sentence was below the state sentencing guidelines of 41 to 57 months because Lane played a “somewhat less culpable role” in Floyd’s death than Derek Chauvin by twice suggesting to Chauvin, who was the officer in charge, that Floyd should be turned over on his side.

Also before imposition of the sentence, attorney Frank read a statement from the Floyd family that said, “Talk about move on? Wow. Really? Me and my family would love to move on, but there’s just not a lot of accountability. We will always show up for George Floyd, but never move on.”

In remarks about the sentence, Judge Cahill said that Lane would have to register as a predatory offender “if required by law.” This prompted a subsequent response by Lane: “I gotta register as a predatory offender?” when his role was “minimal” when compared with Chauvin’s. “What the [explicative] is that? That’s what Chauvin has to do. If I have a minimal role, why the [explicative] do I have to do that?” [After the hearing, legal experts told journalists that this was standard language in Minnesota criminal cases, but that neither Lane nor Chauvin would be required to do so.]

Judge Cahill also stated, “I think it was a very wise decision for [Lane] to accept responsibility and move on with your life.”

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[1] Ex-cop Lane gets 3 years for role in George Floyd’s death, StarTribune (Sept. 21, 2022); Tumin & Bogel-Burroughs, Former Minneapolis Officer Sentenced to Three Years in George Floyd Case, N.Y. Times (Sept. 21, 2022); Forliti, Ex-cop Lane gets 3 years for role in George Floyd’s death, AP News (Sept. 21, 2022). See also Ex-Officer Thomas Lane Pleads Guilty to State Charge of Aiding and Abetting Manslaughter of George Floyd, dwkcommentaries.com (May 18, 2022); Comment: More Details on Thomas Lane’s Guilty Plea, dwkcommentaries.com (May 19, 2022).

 

 

Kueng and Thao Reject Proposed Deals for State Guilty Pleas for George Floyd Killing     

On August 15, 2022, in Hennepin County District Court Minnesota Assistant Attorney General Matthew Frank offered the following plea deal to J. Alexander Kueng and Tou Thao: (a) drop their convictions for aiding and abetting the second-degree murder of George Floyd in exchange for their pleading guilty to the lesser charge of aiding and abetting manslaughter and (b) recommending a three-year prison sentence to be served concurrently with their federal sentences of three years for Kueng and 3 ½ years for Thao.[1]

With Judge Peter Cahill presiding, both men rejected the proposed plea deal with Thao saying, “It would be a lie and a sin for me to accept a plea deal.”

Prosecutor Frank added that the proposed plea deal thus had expired, and the two men still faced their scheduled October 24th trial in this court.

Before the public hearing, Judge Cahill rejected a request from both defense attorneys to hold today’s proceedings in private chambers to avoid media attention. Thao’s attorney said allowing it to proceed in open court made it purely for “public consumption” and would impede a fair trial, while Kueng’s attorney said prosecutors have unfairly taken advantage of the media spectacle around the high-profile cases against the officers. Judge Cahill, however, said he didn’t see how their clients declining to plead guilty would harm their credibility with a jury. The Judge also denied Thao’s attorney’s request to gag prosecutors from talking to reporters.

In a subsequent public statement, Attorney General Keith Ellison said  it’s “a standard best practice” to make a record in court when prosecutors offer a plea agreement to ensure the defendant is making a knowing and free decision. The defendants have a right to decline the offer and proceed to trial. The State is ready for trial.”

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[1] Mannix, Tou Thao, J. Alexander Kueng reject plea deal offered by state prosecutors in George Floyd killing, StarTribune (Aug. 15, 2022);  Karnowski, Thao, Kueng say they rejected plea deal in Floyd killing, Assoc. Press (Aug. 15, 2022).

 

 

 

Resetting State Criminal Trial Date for Kueng and Thao for Killing of George Floyd

On June 6, Hennepin County District Court Judge Peter Cahill, in a well-reasoned opinion, postponed the date for the criminal cases against J. Peter Kueng and Tao Thao  to January 5, 2023.[1]

On June 21, Judge Cahill heard arguments on two motions for changing the date for the start of the trial.

Prosecution’s Motion[2]

The prosecution’s one-page letter merely stated, “On behalf of the family of George Floyd, the state requests a speedy trial as provided in the Victim’s Rights Act, Minn. Stat. sec. 611A.033(a), and Minn. R. Crim. P. 11.09(b).”

Kueng’s Motion[3]

Kueng’s motion requested a continuance to a date after April 3, 2023. For background, his motion stated, “On June 17, 2022 the State entered a speedy trial demand. . . . The State’s demand for a speedy trial followed a teleconference . . . [on June 27] wherein the instant continuance request was discussed [and] Counsel for Mr. Thao has informed the Court that he has no objection to this continuance request.” In addition, “On March 9, 2022 and May 27, 2022 the Court conducted chambers conferences with the parties to discuss plea negotiations, trial scheduling and other matters. During each of those meetings Counsel for Mr. Kueng informed the Court and parties that he was unavailable for trial from January through March 2023. Counsel’s unavailability is due a scheduling conflict of a personal nature.”

The Court’s Decision[4]

After hearing from the attorneys, Judge Cahill apologized to Thomas Plunkett, the attorney for Kueng, that he had forgotten that the attorney previously had told the Judge that he had a personal commitment ‘etched in stone’ in January and that he’d rather give up his law license than miss it. Judge Cahill then announced that he was changing the date for commencement of the trial to October 24, 2022 although he was still weighing the need for publicity from the federal trial and former officer Thomas Lane’s May guilty plea to aiding and abetting manslaughter to die down.

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[1] State Criminal Trial for Thao and Kueng Postponed to January 2023, dwkcommentaries.com (June. 6, 2022); Walsh, State requests speedier start for state trial of ex-officers Thao and Kueng in George Floyd killing, StarTribune (June 20, 2022).

[2] Letter, Frank (Assist. Att. Gen.) to Judge Cahill, June 17, 2022).

[3] Defendant Kueng’s Notice and Motion for Continuance, State v. Kueng, Henn. Cty. Dist. Ct. File No. 27-CR-20-12953 (June 19, 2022).

[4] Olson, Judge agrees to move trial of two former Minneapolis officers to October in George Floyd’s death, StarTribune (June 21, 2022).

State Criminal Trial for Thao and Kueng Postponed to January 2023

On June 6, Hennepin County District Court Judge Peter Cahill granted motions byTou Thao and J. Alexander Kueng to postpone their criminal trials with a new date of January 5 for their commencement. The court also denied the defendants’ motion to change venue and the motion of the Media Coalition to reconsider the court’s previous barring of audio and video coverage of this trial.[1]

The Reasons for Changing the Trial Date

 The Minnesota Supreme Court has recognized that “continuance of a trial date has been recognized as an effective tool to diminish the effect of prejudicial pretrial publicity.” Here, the defendants have cited two such events.

  • First, on May 18, 2022 (less than four week prior to the scheduled start of the trial co-defendant Thomas Lane pled guilty to aiding and abetting second-degree manslaughter. [2]
  • Second, on February 24, 2022, Thao, Kueng and Lane were found guilty by a federal jury of violating George Floyd’s civil rights “based largely on the same evidence as will be introduced in Defendants Thao’s and Kueng’s joint state trial.”[3]

“These two recent events and the publicity surrounding them are significant in they . . could make it difficult for jurors to presume Thao and Kueng innocent of the State charges.” A postponement of the trial for nearly seven months should “diminish the impact of this publicity on the Defendants’ right and ability to receive a fair trial from an impartial and unbiased jury.”

The Reasons for Denial of Change of Venue

Although there has been “saturation news coverage in the Twin Cities in print and broadcast media” of the George Floyd killing and subsequent court proceedings, the same is true “throughout the entire State of Minnesota—not to mention nationally.”

Moreover, “a prospective juror’s exposure to pretrial publicity does not alone create a reasonable likelihood of an unfair trial. . . . Instead, the issue is whether a prospective juror can set aside his or her impressions or opinions based on pretrial publicity, be fair and impartial, and render an impartial verdict.” In addition, this court has taken extensive measures in the earlier Chauvin trial and is now implementing those same measures for the trial of Thao and Kueng.

In addition, postponing the trial to January 2023 will put more than two and one-half years since the killing of Mr. Floyd; more than 20 months since the jury verdict in the Chauvin case; [4] almost eleven months since the jury verdict against Thao and Kueng in the federal civil rights trial; and probably four to six months since their upcoming sentencing in that federal trial.

Finally, this court has continued to impose “appropriate steps to ensure the selection of an impartial jury” and Hennepin County is “the most populous and diverse county in the state.”

The Reasons for Denial of Audio/Video Coverage

“With the reduction in the number of defendants, . . . [the trial courtroom] can now be configured, with the relaxed COVID protocols, to accommodate at least eighteen seats for the public . . . [which] does not amount to a courtroom closure.”

However, “if there is a significant rule change in place by [the commencement of this trial next January], the court would reconsider allowing audio and video coverage.”

Another Consideration

Another consideration favoring the postponement of the trial not mentioned by Judge Cahill was providing additional time for these two defendants, especially after their federal sentencing, to consider attempting to negotiate an agreement with the prosecution for their pleading guilty to the state charges.

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[1] Walsh, State Trial for fired Minneapolis officers Thao, Kueng delayed until January, Star Tribune (June 6, 2022); Order and Memorandum Opinion Concerning Trial, State v. Thao & Kueng, Court Files Nos. 27-CR-20-12949 & 27-Cr-20-12953, Hennepin County District Court (June 6, 2022).

[2] Ex-Officer Thomas Lane Pleads Guilty to State Charge of Aiding and Abetting Manslaughter of George Floyd, dwkcommentaries.com (May 18, 2022). Comment: More Details on Lane’s Guilty Plea, dwkcommentaries.com (May 19, 2022).

[3]  Federal Criminal Trial for Killing George Floyd: Jury Deliberations and Verdict, dwkcommentaries.com (Feb. 25, 2022).

[4] Derek Chauvin Trial: Week Seven (Conviction), dwkcommentaries.com (April 21, 2021); Derek Chauvin Trial: Chauvin Sentenced to 22.5 Years Imprisonment, dwkcommentaries.com (June 28, 2021).