MINNEAPOLIS – A former Minneapolis police officer who kept his knee on George Floyd’s neck for minutes will be tried separately from the other three former officers charged with his death, according to an order filed Tuesday citing the space limited to the courtroom due to COVID-19 restrictions.
Derek Chauvin will be tried alone in March, while the other three ex-officers will be tried together in the summer. In his order, Judge Peter Cahill cited the limitations of physical space during the coronavirus pandemic and said it is “impossible to meet the physical restrictions of COVID-19” given the number of lawyers and support staff that the four defendants say he would be present.
Prosecutors disagreed with the judge’s decision. A defense attorney for former officer Thomas Lane said he believed a separate trial would be better for his client, while other defense attorneys declined to comment or did not return messages.
Legal observers say the change benefits Chauvin’s co-defendants, who will get a preview of what state witnesses will say and more time to prepare. They will also blame Chauvin, who will not be tried with them for backtracking.
Last week, prosecutors asked Cahill to postpone the trial from March 8 to June 7 to reduce the public health risks associated with COVID-19. In his order on Monday, which was filed on Tuesday, the judge wrote that while the pandemic situation could be greatly improved in June, “the court is not so optimistic given the news detailing the problems with the deployment. of the vaccine “.
Cahill’s order included an email from Hennepin County Chief Justice Toddrick Barnette requesting that the trials be separated in a manner that Cahill considered fair, after it was learned that each defendant planned to count with legal counsel or legal support. Barnette wrote that he examined the configuration of the room and concluded that social distancing could not be applied in this space with so many people. Barnette wrote that he believed the courtroom could handle up to three defendants at a time.
Floyd, a black man, died on May 25 after Chauvin, who is white, pressed his knee against Floyd’s neck while handcuffed facing the street. Police were investigating whether Floyd was using a counterfeit bill at a nearby store. In a video widely seen on social media, Floyd could be heard asking for air from officers who said he could not breathe.
Floyd’s death sparked protests in Minneapolis and elsewhere and renewed calls for an end to police brutality and racial inequality.
Chauvin is charged with second-degree murder and second-degree homicide on Floyd’s death. Former Lane officers Tou Thao and J. Alexander Kueng are accused of aiding and abetting second-degree murder and of assisting and inciting second-degree murder.
Defense attorneys had argued last year that officers should be tried separately, but prosecutors argued against it.
Attorney General Keith Ellison, whose office is processing the case, said Tuesday he disagrees with Cahill’s decision to separate the trials and hold Chauvin’s in March.
“The evidence against each defendant is similar and several trials can re-examine eyewitnesses and family members and unnecessarily burden the state and the court, while running the risk of harming subsequent jury groups,” Ellison said in a statement . “It is also clear that COVID-19 will continue to be a serious threat to public health in the next eight weeks. … However, we are fully prepared and look forward to presenting our case to a jury whenever the Court deems it appropriate. “
Lane’s lawyer, Earl Gray, said he believes it is better for his client to have a separate trial from Chauvin.
“In a joint trial, there is always an overflowing effect. You know a jury should consider each client separately, but that’s hard to do for everyone; common sense tells you so, ”Gray said.
Kueng and Chauvin’s lawyers made no comment. Thao’s lawyer did not respond to a message asking for comments.
Mike Brandt, a criminal defense attorney unrelated to the case, said the decision will benefit Chauvin’s co-defendants because they will get a preview of state witnesses and be able to refine their strategies. They will also have transcripts of the trial, which can be “powerful” if a witness changes their story during the second trial.
In addition, he said, the three agents can point fingers at Chauvin, who will not participate in the same process to defend himself.
If Chauvin is acquitted, Brandt said, the other three officers can still be tried on charges of assistance and complicity, but the case would become more difficult. Brandt said it is difficult for prosecutors to prove a case against those who can be found less guilty if they cannot convict the alleged lead actor.
Brandt also said the three agents are unlikely to testify against Chauvin during his trial because they have a Fifth Amendment right against self-incrimination. Even if prosecutors offered them immunity, officers could still face federal criminal charges for violating Floyd’s civil rights, and the immunity offered by the state would not apply to the federal court.
Brandt said that while prosecutors probably want other officers to testify against Chauvin, they are very unlikely to offer immunity in that case.
“I hope it’s all or nothing. I don’t think they will make offers for anyone because of their high profile, “he said. “If it was a murder of flags, would they be dealing with the least guilty? You bet. But these are police officers.”
Thao, Kueng and Lane are scheduled to stand trial on August 23.
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Associated Press writer Gretchen Ehlke in Milwaukee contributed to this report.