Minneapolis ex-cops head to state trial for George Floyd killing

MINNEAPOLIS — Two former Minneapolis cops charged in George Floyd’s dying are heading to trial on state aiding and abetting counts, the third and sure ultimate felony continuing in a killing that mobilized protesters worldwide towards racial injustice in policing.

J. Alexander Kueng and Tou Thao have already been convicted of federal counts for violating Floyd’s civil rights and begun serving these sentences. Many witnesses anticipated to testify at their state trial have already carried out so at each their federal trial and on the state trial towards their former colleague, Derek Chauvin.

While a lot of the proof on this continuing will look comparable, there might be some key variations.

Here are some things to know as jury choice will get underway Monday:

Kueng, Thao and Thomas Lane have been working with Chauvin on May 25, 2020, when Chauvin, who’s white, used his knee to pin Floyd’s neck to the pavement for greater than 9 minutes because the 46-year-old Black man mentioned he couldn’t breathe and ultimately grew nonetheless. Kueng knelt on Floyd’s again, Lane held his legs and Thao stored bystanders again.

Kueng, who’s Black, and Thao, who’s Hmong American, are every charged with aiding and abetting second-degree unintentional homicide and aiding and abetting second-degree manslaughter. Prosecutors can have to show they deliberately helped Chauvin. They don’t have to show that they meant to kill Floyd or trigger him nice bodily hurt.

Chauvin was the primary officer to face trial in a livestreamed, weekslong continuing stuffed with emotional testimony from bystanders, graphic video of Floyd’s dying moments and skilled testimony about use of pressure in addition to the mechanics of respiration. He was finally convicted of homicide and manslaughter.

The second trial in Floyd’s dying got here in federal courtroom, the place Lane, Kueng and Thao have been all convicted of federal civil rights violations.

“It’s going to be, I think, exhaustingly repetitive for the witnesses who have already testified multiple times and don’t want to relive this,” mentioned Rachel Moran, a professor on the University of St. Thomas School of Law.

But there might be some nuances. Moran mentioned this case might be harder for prosecutors: While Chauvin’s offense was extra direct as a result of he had his knee on Floyd’s neck, prosecutors on this case have to present what Kueng and Thao deliberately did to assist him commit against the law.

Judge Peter Cahill has restricted skilled witnesses to attempt to keep away from repetition. He’s additionally ordered attorneys not to ask questions designed to elicit emotion.

Witnesses received’t be allowed to ask the jury to take actions and comply with together with demonstrations – as lung and important care specialist Dr. Martin Tobin did throughout Chauvin’s trial. In that case, Tobin positioned his fingers on his personal neck and inspired jurors to do the identical as he defined how he believed Floyd died. Jurors mentioned later that Tobin offered a few of the trial’s most compelling proof.

It’s additionally unknown if a lady who was simply 9 on the time of Floyd’s killing will testify. Prosecutors need to name her to argue that even a younger lady knew one thing was unsuitable – so the officers ought to have often known as nicely. The protection has countered that her testimony is not that completely different from that of different bystanders and can solely play upon jurors’ feelings. She beforehand testified at Chauvin’s trial.

Cahill inspired prosecutors not to name the lady as a result of testifying in a homicide trial may be traumatic, particularly for youngsters, however he didn’t bar them from doing so.

Yes. Both Kueng and Thao rejected presents for three-year sentences that might have been served similtaneously their federal sentences. Thao instructed Cahill: “It would be lying for me to accept any plea offer.”

That set them other than Lane, who pleaded responsible to aiding and abetting manslaughter and obtained three years. Kueng and Thao are risking considerably longer sentences; the homicide cost has a advisable sentence of 12 1/2 years, and prosecutors say they intend to search extra.

“The reality is, it’s their right (to go to trial) and Tou Thao in particular seems to just believe that he has done nothing wrong and therefore he can’t admit to doing anything wrong,” Moran mentioned.

Hundreds of potential jurors have been despatched a 17-page questionnaire that explored how a lot they know concerning the case, their views on police and whether or not they’ve participated in civil rights marches, amongst different issues.

Sixteen folks might be chosen; 12 will deliberate.

Jurors might be questioned individually about their views and whether or not they are often truthful. An limitless variety of potential jurors may be dismissed “for cause,” equivalent to when a juror has proven that she or he can’t be neutral.

Each facet may dismiss jurors with a restricted variety of peremptory strikes, which do not require a purpose however may be challenged if the opposite facet believes it is due solely to a possible juror’s race or gender.

The protection will get 10 such strikes — 5 for every defendant — and the state will get six.

The key might be discovering jurors who may be neutral. Moran mentioned that whereas variety on a jury is vital, the concept that a jury’s racial composition will have an effect on the result has been referred to as into query. She famous that the jury that convicted Kueng and Thao of federal fees was principally white, as was the state jury that convicted Kim Potter, then an officer within the Minneapolis suburb of Brooklyn Center, within the 2021 deadly capturing of Black motorist Daunte Wright.

Opening statements start Nov. 7. The trial will not be livestreamed. Cameras in courts are uncommon in Minnesota, and Chauvin’s was livestreamed due to the excessive public curiosity and courtroom house limitations due to COVID-19 restrictions.

Kueng and Thao reported to federal jail earlier this month to start serving their sentences for violating Floyd’s rights. Kueng is serving three years at federal jail in Ohio and Thao is serving 3½ years at a facility in Kentucky.

They might be in custody in Minnesota in the course of the trial.

Lane, who’s white, is serving his 2 ½-year federal sentence at a facility in Colorado. He’s serving a 3-year state sentence on the identical time.

Chauvin was sentenced to 22 ½ years on the state homicide cost and 21 years on a federal depend of violating Floyd’s rights. He’s serving these sentences concurrently at a federal jail in Arizona.