Trial delayed for ex-cops in Floyd death
Judge postpones state’s case until January
A state trial for two former Minneapolis police officers charged in the death of George Floyd in May 2020 has been postponed until January, the latest delay in the third and final trial over the police killing that sparked global protests over police brutality and racial justice.
Hennepin County Judge Peter Cahill on Monday ordered the trial of Tou Thao and J. Alexander Kueng be rescheduled from next week to next year in an aim to safeguard the defendants’ rights to a fair trial.
Cahill denied a request from the defense for a change of venue because of the publicity surrounding the case but agreed to delay the trial because media coverage of fellow former officer Thomas Lane’s recent guilty plea in state court and the federal civil rights conviction of all three in February “could make it more difficult for jurors to presume Thao and Kueng innocent of the state charges.”
Thao and Kueng are charged with aiding and abetting manslaughter and murder in Floyd’s death.
Kueng was seen in bystander videos helping restrain Floyd as former officer Derek Chauvin knelt on his neck for more than nine minutes during the attempted arrest May 25, 2020. Thao kept bystanders away as Floyd, who was handcuffed and lying on his stomach, repeatedly said, “I can’t breathe.”
Lane, who held down Floyd’s legs during the arrest, pleaded guilty in May to aiding and abetting second-degree manslaughter. The state is recommending he serve a sentence of three years and has agreed to allow him to serve the time in federal prison.
Cahill said he will accept no plea agreements for Kueng or Thao until they have been sentenced in federal court for violating Floyd’s civil rights.
The former officers were to stand trial with Chauvin, who was convicted of murder and manslaughter in Floyd’s death last year. But Cahill severed the trials because of COVID-19 restrictions and postponed them again to allow the federal case to proceed.
Chauvin is serving a 221⁄2-year sentence after being found guilty of murder and manslaughter in state court last year, but he is appealing that conviction. It’s unlikely he’ll succeed given that 90% of appeals are denied across the U.S.
Chauvin also is awaiting sentencing after pleading guilty in December to violating Floyd’s civil rights, but the judge said last month that he planned to sentence Chauvin to 20 to 25 years in prison. With credit for good behavior, Chauvin could serve at least 17 years behind bars concurrently with his state sentence.