San Diego Union-Tribune

JUDGE REJECTS DELAY ON FLOYD FILINGS

Prosecutio­n feared material could taint jury pool for trial

- BY MOHAMED IBRAHIM MINNEAPOLI­S Ibrahim writes for The Associated Press.

A Minnesota judge on Thursday rejected prosecutor­s’ request to put a 48hour hold on filings in the criminal cases of four Minneapoli­s police officers charged in George Floyd’s death.

Hennepin County Judge Peter Cahill said a natural lag in the court filing system gives prosecutor­s sufficient time to see filings and, if they choose, to ask that they be sealed.

As evidence of that lag, Cahill cited this week’s filing by defense attorneys that sought to introduce evidence from a 2019 arrest involving Floyd, including police body-camera video from the arrest. Prosecutor­s from the state attorney general’s office successful­ly delayed public posting of that defense filing as they asked the judge for the 48-hour hold.

Floyd, who was Black, died May 25 after Derek Chauvin, who is White, pressed his knee against Floyd’s neck for several minutes even after Floyd said he couldn’t breathe. Floyd was in handcuffs as police tried to arrest him for allegedly passing a counterfei­t $20 bill at a convenienc­e store. Floyd’s death was captured on bystander video that set off protests around the world.

Chauvin and three other officers were fired. Chauvin is charged with second-degree murder, third-degree murder and manslaught­er; Thomas Lane, J. Kueng and Tou Thao are charged with aiding and abetting seconddegr­ee murder and manslaught­er.

Cahill said attorney f ilings aren’t considered official until the court reviews and accepts them. He said that had not yet happened with the filing from Lane’s attorney, Earl Gray, before the state requested the delay.

Prosecutor­s argued that the body-camera video from the 2019 arrest could taint

the pool of potential jurors, adding to pressure to move the former officers’ trial from Minneapoli­s.

Cahill said the video simply shows Floyd had been arrested before — informatio­n “basically everybody already knows,” he said — and that it might even help the state’s case.

Cahill didn’t immediatel­y say when the video would be made public. He also ordered that going forward, only written motions will be accepted and no audio, video and photograph­ic attachment­s will be allowed to be submitted with motions.

Gray’s filing this week also included transcript­s of the 2019 arrest of Floyd, which he said shows Floyd was not the law-abiding citizen he has been portrayed to be.

In seeking the 48-hour delay on filings being made public, prosecutor­s had argued that the state “anticipate­s that filings in this case will involve protected or inadmissib­le evidence” and that if evidence becomes public it could unfairly inf luence public opinion.

“The proposed temporary protective order strikes the appropriat­e balance between the need for public disclosure and the need to avoid the disclosure of confidenti­al or inadmissib­le informatio­n,” prosecutor Matthew Frank wrote.

 ?? CARLOS GONZALEZ AP ?? Demonstrat­ors took to the streets last week in Minneapoli­s after former officer Derek Chauvin, who is charged in the death of George Floyd, posted bail.
CARLOS GONZALEZ AP Demonstrat­ors took to the streets last week in Minneapoli­s after former officer Derek Chauvin, who is charged in the death of George Floyd, posted bail.

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