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).

Hennepin County District Court Enters Order Regarding Trial of Three Former Minneapolis Policemen Over Killing of George Floyd 

On April 25, 2022, Hennepin County District Court Judge Peter A. Cahill issued the Trial Scheduling and Management Order and Memorandum Opinion regarding the June 13, 2022, commencement of the trial of three former Minneapolis policemen (Tou Thao, Thomas Kiernan Lane and J. Alexander Kueng) over the killing of George Floyd on May–, 2020.[1]

Trial Management Order

  1. Specified information about any expert witnesses not previously disclosed shall be submitted by May 1, 2022.
  2. Motions in limine shall be submitted by May 13, 2022, with supporting memoranda by May 20 and responsive memoranda by June 3.
  3. Trial witness lists shall be submitted by May 13, 2022.
  4. Trial exhibit lists and proposed jury instructions shall be submitted by June 10, 2022.
  5. Trial will commence at 9:00 a.m. on June 13, 2022, in Hennepin County Courtroom C-1856.
  6. Limits at trial on the number and conduct of the parties’ attorneys or support staff were specified.
  7. Limits at trial on the number and conduct of spectators at trial for the Media Coalition and the George Floyd and defendants’ families were specified.
  8. Hearing on motions in limine or administrative matters will be heard on June 13, 2022, and, if necessary, on subsequent days.
  9. Jury selection will begin on June 14, 2022.
  10. Jurors and potential jurors shall be partially sequestered.
  11. Opening statements and presentation of evidence will begin on July 5, 2022.
  12. Witnesses, prior to testifying, shall be sequestered.
  13. Audio and video recording and livestreaming of the trial will not be allowed except as expressly permitted by Minn. R. Gen. P. 4.02(d).
  14. At least three overflow courtrooms with audio and video feed from the trial courtroom will be provided for family members of George Floyd and the defendants, the media and the public.

The Court’s Memorandum Opinion

The last 27 pages of this Court document set forth the legal bases for the following conclusions:

  • The Minnesota Rules of Practice Do Not Currently Authorize Livestreaming of Trials Over the Objection of a Party;
  • The Unusual and Compelling Circumstances of the Covid-19 Pandemic at the Time of the Chauvin Trial Have Substantially Abated and the Supreme Court Rules in Force in the First Half of 2021 Mandating Social Distancing, Mask Wearing, and Other Precautionary Measures Due to the Covid-19 Pandemic Are No Longer in Force, Obviating Resort to Rule 1.02;
  • This Court Now Is Precluded by Rule 4.02(d) from Ordering Livestreaming of the Trial Over Objections of the Defendants; and
  • Partial Jury Sequestration Is Appropriate.

Reactions [2] 

An attorney for the Media Coalition, which wanted livestreaming of the trial, said that this order was “deeply disappointing [because] thousands of people interested in this important trial won’t be able to watch it. The court’s decision is based on its view that, with the world returning to normal after the pandemic, it must revert to Supreme Court rules that require everyone involved to consent to cameras before they are allowed. The defendants don’t consent. Our Supreme Court needs to change the rule. They are working on it. I wish they could have worked faster.”

Minnesota Assistant Attorney General, Matthew Frank, in a motion before the issuance of this order, said that prohibiting a livestream after allowing one during Chauvin’s trial could harm public confidence in the process. “In the public’s mind, this trial and Chauvin are linked. If this court eliminates audio-visual coverage at this late hour, the broader public may receive the unintended message that they no longer have the right to observe proceedings.”

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[1] Trial Scheduling and Management Order and Memorandum Opinion, State v. Thao, Lane & Kueng, Hennepin County District Court files 27-CR-20-12949, 27-CR-20-12951, 27-CR-20-12953 (April 25, 2022).

[2] Mannix, Judge: Trial of 3 ex-Minneapolis police officers in George Floyd death won’t be livestreamed, StarTribune (April 26, 2022); Karnowski (AP), Trial of 3 ex-officers in Floyd death won’t be livestreamed, StarTribune (April 26, 2022).