Ex-Officer Thao Moves for Dismissal of Criminal Charges for George Floyd Killing

On July 29, attorneys for ex-officer Tou Thau filed a motion for dismissal of the criminal charges of aiding and abetting the May 25th killing of George Floyd. The attorneys argue the prosecutors had failed to show that Thao knew that Chauvin and the other officers were going to commit a crime and  that Thao’s presence or actions at the scene were done “to further commission of that crime.”[1]

The prosecution’s response is due August 17 with the hearing on the motion set for September 11. Also to be heard at that hearing is a similar dismissal motion by ex-officer Thomas Lane.[2]

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

[1] Furst, Tou Thao seeks dismissal of charges in George Floyd’s killing, StarTribune (July 30, 2020); Assoc. Press, Ex-Minneapolis cop argues for dropped charges in Floyd death, mprnews.org (July 29, 2020).

[2]  Ex-Officer Lane Moves for Dismissal of Criminal Charges for George Floyd Killing, dwkcommentaries.com (July 9, 2020).

 

Defense Attorneys Accuse Attorney General Ellison of Contempt of Court in George Floyd Cases  

On July 14 Earl Gray, the attorney for defendant Thomas Lane, and Robert Paule, the attorney for defendant Tou Thau, accused Attorney General Keith Ellison of contempt of court by his issuance of a statement announcing the appointment of four Special Assistant Attorney Generals in the case.[1] That statement, which was the subject of a prior post, merely said the following:

  • “Seasoned attorneys join AG Ellison’s team pro bono in George Floyd case”
  • “Includes former acting U.S. Solicitor General Neal Katyal, Minnesota attorneys Lola Velázquez-Aguilu, Jerry Blackwell, and Steve Schleicher”
  • “Minnesota Attorney General Keith Ellison today announced that four seasoned attorneys and trial lawyers have joined on a pro bonobasis the prosecution team he leads in the George Floyd case. This team includes attorneys from the Minnesota Attorney General’s Office and the Hennepin County Attorney’s Office.”
  • “’Out of respect for Judge Cahill’s gag order, I will say simply that I’ve put together an exceptional team with experience and expertise across many disciplines. We are united in our responsibility to pursue justice in this case,’ Attorney General Ellison said.”
  • “The attorneys joining the prosecution team, each of whom Attorney General Ellison has appointed a Special Assistant Attorney General, are:
    • “Neal Katyal, partner at the international law firm Hogan Lovells, and former acting Solicitor General and former Principal Deputy Solicitor General of the United States.
    • Lola Velázquez-Aguilu, litigation and investigation counsel for Medtronic, and former prosecutor with the U.S. Attorney’s Office for the District of Minnesota. During her tenure at the U.S. Attorney’s Office, she prosecuted complex multi-defendant, white-collar crimes, including the successful prosecution and trial of several former executives from Starkey Hearing Technologies. Until today, she served as Chairwoman of the Commission on Judicial Selection, to which position she was appointed by Governor Tim Walz.
    • Jerry Blackwell, trial lawyer and founding partner, CEO, and chairman of the Minneapolis law firm Blackwell Burke, P.A. In June 2020, he won a full, first-ever posthumous pardon for Max Mason, who was wrongly convicted of rape in connection with the infamous Duluth lynching of June 1920.
    • Steven L. Schleicher, partner at the Minneapolis law firm Maslon LLP; former prosecutor with the U.S. Attorney’s Office for the District of Minnesota, the Minnesota Attorney General’s Office, the Winona County Attorney’s Office, and U.S. Army Reserve JAG Corps. In 2016, he led the successful prosecution of the person responsible for the kidnapping and murder of Jacob Wetterling.”

According to Mr. Gray, “Ellison should be jailed along with” his spokesman John Stiles. “There is no reason to announce that these so called ‘super stars’ are joining the prosecution and that they’re doing it for free. It is an obvious statement to the public that these ‘super stars’ lawyers believe that our clients are guilty. Further proof that the news release was done to influence the public is that it was released by John Stiles, who, according to Google, is a chief strategy officer and builds reputations and brands.”

Mr. Paule merely moved the Court for an order holding “Keith Ellison, the Attorney General for Minnesota and lead prosecutor in the above-captioned case, in contempt of court and ordering sanctions as a result of his actions.”

The Court’s Gag Order[2]

The purported basis for these motions is the Court’s Gag Order of July 9, which prohibited attorneys and others working on the matter from publicly talking about  “any information, opinions, strategies, plans or potential evidence . . . either to the media or members of the general public. This includes, but is not limited to, any discovery provided to the parties, and any exhibits in the case.”

Reactions

Joseph Daly, professor emeritus at Mitchell Hamline School of Law, believes it unlikely that the judge will sanction or have Ellison and Stiles arrested. “Judges do not like to sanction lawyers unless their conduct is outrageous.” At most, Daly thought, the judge might  issue a warning or clarify his gag order.

I concur in Daly’s opinion. The Attorney General’s statement, in my judgment, did not concern the AG Office’s “opinions, strategies, plans or potential evidence” or evidentiary “discovery” or “exhibits in the case.” Yes, the statement did contain “information” relating to the case, but it was not information relating to opinions, strategies, plans or potential evidence or evidentiary discovery or exhibits in the case. Moreover, any of the parties in this or any other criminal or civil case has a right to hire new or additional attorneys and to give public notice of such developments.

In short, there is no basis in the Attorney General’s statement for the two defense attorneys’ assertion that it was intended to tell the public that these ‘super stars’ lawyers believe that our clients are guilty.’  It would be just as easy to speculate, without any foundation, that the statement was a sign that the Attorney General is worried about the strength of the criminal charges or the capabilities of the existing team of prosecution attorneys.

These motions are ridiculous and should be denied.

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

[1]  Xiong, Defense attorneys in George Floyd’s death accuse AG Ellison of contempt of court, StarTribune (July 14, 2020); Minnesota Attorney General, Seasoned attorneys join AG Ellison’s team pro bono in George Floyd Case (July 13, 2020).

[2]  Gag Order in George Floyd Murder Cases, dwkcommentaries.com (July 9, 2020).

 

Derek  Chauvin and Tou Thau Object to Gag Order 

On July 13, that attorney for Derek Chauvin, one of four defendants in the criminal cases over the death of George Floyd, filed an objection to Judge Peter Cahill’s gag order. in addition, the attorney for another defendant, Tou Thau, filed a motion to vacate the gag order.[1]

That order, it is argued, violates Chauvin’s federal and state constitutional rights to free speech and a fair trial. The attorney asserted, “For more than a month, the press, popular figures, high ranking politicians, and the attorney leading this prosecution [Ellison] — as well as his councilman son — have all rendered their verdicts in this case and on the most public stages possible. And they have all deemed the Defendant guilty.” By issuing that order before Chauvin or his attorney had made any public statement, the court effectively has allowed “the repeated and unmitigated condemnation of a criminal defendant by non-party public officials and celebrities.” As a result, the jury pool already allegedly has been tainted.

Chauvin’s attorney also argued that “the judge inappropriately issued the order without citing legal authority or convening a hearing on the matter, depriving Chauvin of his constitutional right to due process.”

Therefore, that attorney requested the court to vacate the order.

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

[1] Xiong, Attorney for Derek Chauvin objects to judge’s gag order in George Floyd death, StarTribune (July 13, 2020); Chauvin’s attorney objects to gag order in George Floyd case, MINNPOST (July 13, 2020), That gag order was issued on July 9. (Gag Order in George Floyd Murder Cases, dwkcommentaries.com (July 9, 2020).)

 

 

Third Ex-Cop in George Floyd Case Posts Bond and Leaves Jail 

On July 4, Tou Thau, a former Minneapolis police officer charged with aiding and abetting the murder of George Floyd, posted bond of $750,000 and was released with conditions from the Hennepin County Jail.[1] Earlier two other ex-officers charged with the same crime—Thomas Lane and J. Alexander Kueng—had posted the same amount of bond and had been released from jail.[2]

The fourth defendant in the Floyd killing—Derek Chauvin—has not posted a higher bond–$1 million with conditions and $1,250,000 without conditions and thus remains in custody at the Oak Park Heights prison.

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

[1] Xiong, Third fired Minneapolis police officer charged in Floyd death is out of jail, StarTribune (July 4, 2020).

[2] Walsh, Fired Minneapolis police officer, Thomas Lane, one of 4 charged in George Floyd’s death, posts bail and leaves jail, StarTribune (June 11, 2020); Another Minneapolis Policeman in George Floyd Cases Makes Bail, dwkcommentaries.com (June 20, 2020).