Judge bars 'sloppy' prosecutors from case of ex-cops charged in George Floyd's death

[rooster59]

Judge bars 'sloppy' prosecutors from case of ex-cops charged in George Floyd's death

By Nick Pfosi

 

George Floyd?s brother Rodney Floyd addresses the media outside the Hennepin County Family Justice Center during a court hearing for police officers charged in death of George Floyd in Minneapolis, Minnesota, U.S., September 11, 2020. REUTERS/Nicholas Pfosi

 

MINNEAPOLIS (Reuters) - The judge in the criminal case against four former Minneapolis police officers charged in George Floyd's death disqualified four local prosecutors on Friday because of "sloppy" work, while a special prosecutor said the defendants had "acted together" and should face trial together.

 

The hearing before Hennepin County District Court Judge Peter Cahill focused on various motions in the criminal case arising from Floyd's death, which led to protests in the United States and other countries against racism and police brutality.

 

It was the first time all four defendants - Derek Chauvin, J. Alexander Kueng, Thomas Lane and Tou Thao - appeared together since the May 25 death of Floyd, who was Black. Chauvin, who is white, knelt on Floyd's neck for about nine minutes. He faces the most serious charge of second-degree murder.

 

While Cahill did not rule on any major motions, he dealt a blow to the prosecution by disqualifying Hennepin County Attorney Mike Freeman and three other lawyers in his office from participating in the case because of a meeting they had with the medical examiner with no outside attorneys present. The medical examiner is the official who looked into the cause of death.

 

"It was sloppy not to have someone present. Those four attorneys are off the case," Cahill said. "They are now witnesses."

 

After the hearing, Floyd's relatives and lawyers pushed back against the assertion made by defense attorneys in court filings that Floyd, who had the powerful opioid pain medication fentanyl in his system, died of an overdose rather than cardiopulmonary arrest, the official cause of death.

 

"The only overdose that killed George Floyd was an overdose of excessive force and racism by the Minneapolis Police Department," lawyer Ben Crump said outside the courthouse. "It is a blatant attempt to kill George Floyd a second time."

 

Chauvin was wearing a gray suit, dark shirt and tie, and blue surgical mask amid the coronavirus pandemic. He appeared thinner than on the bystander videos that showed the incident.

 

Neal Katyal, a special attorney for the state, said a joint trial was justified given that the evidence was similar for all four defendants and because separate trials would force relatives to repeatedly relive the trauma of Floyd's death.

 

"I have seen a lot in my life, and I can barely watch the videos," Katyal, a lawyer and the U.S. Justice Department's former acting solicitor general, said about the bystander videos of Chauvin pinning Floyd to the pavement.

 

"These defendants acted together, they were on the scene together, they were talking to each other during the nine minutes Floyd was on the ground," Katyal said.

 

Kueng, Lane and Thao have all been charged with aiding and abetting both second-degree murder and second-degree manslaughter for not taking action to help Floyd.

 

All four defendants have opposed a prosecution motion to consolidate their cases into one trial. They have requested that their cases be moved outside Minneapolis and have filed motions to dismiss the charges.

 

Robert Paule, an attorney for Thao, said combining the cases would force him to defend against the prosecution and navigate the potentially conflicting interests of the other defendants.

 

"You are bringing in a group of bobcats in a bag and letting them loose in a courtroom at all once," Paule told the hearing.

 

More than 100 protesters gathered outside the Family Justice Center in Minneapolis, which was barricaded with a fence and concrete blocks, chanting "Black lives matter," "no justice, no peace" and "indict, convict, send those killer cops to jail."

 

Cahill said it was premature to decide whether to move the trial. He said he wanted to send a questionnaire to potential jurors to see how they had been affected by media coverage, and whether a fair jury could be selected in Hennepin County.

 

Cahill said he was leaning toward having an anonymous jury, citing potential security threats. The judge said a trial would likely last six weeks, including two weeks for jury selection.

 

(Reporting by Nick Pfosi in Minneapolis and Nathan Layne in Wilton, Connecticut; Editing by Steve Orlofsky/Will Dunham and Grant McCool)

 

-- © Copyright Reuters 2020-09-12

 

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[PatOngo]

47 minutes ago, rooster59 said:

sloppy' prosecutors

Maybe they would qualify for a place on the "Boss" Red Bull case!

[cmarshall]

Good judge.

[Tropicalevo]

This is all a very sad comedy.

Everyone has decided that the defendants are guilty - without a trial. Of course there will be no unbiased jury members (unless they are blind and deaf).

Should any trial find the defendants not guilty, there will be retrial after retrial until all of the air on the planet has been used up.

[loong]

7 hours ago, rooster59 said:

He said he wanted to send a questionnaire to potential jurors to see how they had been affected by media coverage, and whether a fair jury could be selected in Hennepin County.

I doubt that a fair jury could be selected from anywhere in the USA.

[twocatsmac]

3 minutes ago, loong said:

I doubt that a fair jury could be selected from anywhere in the USA.

Half of the jury should be cops in that case. 

 

[thaibeachlovers]

3 hours ago, Tropicalevo said:

This is all a very sad comedy.

Everyone has decided that the defendants are guilty - without a trial. Of course there will be no unbiased jury members (unless they are blind and deaf).

Should any trial find the defendants not guilty, there will be retrial after retrial until all of the air on the planet has been used up.

If found not guilty can't be tried again in the US.

[thaibeachlovers]

22 minutes ago, ehs818 said:

The man was clearly, CLEARLY, murdered by the bad actions of these 4 officers.

Would have to prove motive, and that the cop intended to kill him. Might get convicted of manslaughter unless they can convince the jury the guy died of the drugs he had taken.

[Eindhoven]

5 minutes ago, thaibeachlovers said:

Would have to prove motive, and that the cop intended to kill him. Might get convicted of manslaughter unless they can convince the jury the guy died of the drugs he had taken.

 

Utter nonsense. You mean that he would have died anyway in the car that he was in even if the hadn't murdered him?

Of course not. They killed him, by using excessive force. Someone begging and pleading is not resisting.

 

 

[Baerboxer]

59 minutes ago, ehs818 said:

I'm really unsure as to what you mean by your post. Are you saying that the relatives, friends, and attorneys for George Floyd shouldn't be able to stand up and speak about the wrong that was done to him? Or are you saying that any amount of black people gathering is considered a mob. Really, your words are loaded and simply give a good indication of your own bias. The man was clearly, CLEARLY, murdered by the bad actions of these 4 officers. Just accept the truth and stop making excuses for your own bias. While All Lives DO Matter, this statement alone indicates that since Blacks are also alive, THEIR LIVES MATTER. No more, no less than others. Standing up for their rights is what America used to be about, prior to tRumpism.

 

Your post exemplifies one of the main issues. The increasing "trial by media and the mob" mentality that is pervading Western society.

 

Of course, the officers present acted with gross negligence and need to be tried. But that must be a trial in which all are given a fair trial, all evidence is presented, factual evidence not hysteria or evidence that only supports a narrative and agenda.

 

The pressure now increases exponentially on the prospective Jurors. They will be aware of the likely intimidation and vilification should they dare give a verdict the baying mob, whipped to a frenzy by those with their own agendas, will dish out to them.

 

This isn't justice. It's fitting circumstances to an agenda. 

 

The officers were grossly negligent, which resulted in an unlawful death, which must be tried in court. The alleged racism and racist reason for their behavior has yet to be proved. The circumstances around Mr. Floyd and his condition prior to arrest, including his behavior also have to be clarified.

 

Your attempt to link this to Trump demonstrates the political agenda rather than any sensible fact.

[jinners]

1 hour ago, ehs818 said:

I'm really unsure as to what you mean by your post. Are you saying that the relatives, friends, and attorneys for George Floyd shouldn't be able to stand up and speak about the wrong that was done to him? Or are you saying that any amount of black people gathering is considered a mob. Really, your words are loaded and simply give a good indication of your own bias. The man was clearly, CLEARLY, murdered by the bad actions of these 4 officers. Just accept the truth and stop making excuses for your own bias. While All Lives DO Matter, this statement alone indicates that since Blacks are also alive, THEIR LIVES MATTER. No more, no less than others. Standing up for their rights is what America used to be about, prior to tRumpism.

I'm guessing what was meant is that currently the mob rules America. There is no justification for kneeling 9 minutes on a man's (black or whatever colour) neck. Neither is there justification of the rioting, looting and arson that took place immediately after and in some places is still continuing. The death should not have occurred however, he was a violent career criminal, a drug addict and pusher and had a body full of a very powerful opiod at the time of his passing. Seeing the bodycam footage was dreadful knowing the outcome, but he has himself to blame. If people took more responsibility for their actions (like the cops now do in jail) there would be no cause for the outcry and faux rage to cover what was a gigantic looting spree. The facts are what they are. If bias is a problem here I think it's in your general direction only.

Final word....why the Trump comment? The violence happening daily in the USA are in cities either run or governed by Democrats!

[thaibeachlovers]

46 minutes ago, Eindhoven said:

 

Utter nonsense. You mean that he would have died anyway in the car that he was in even if the hadn't murdered him?

Of course not. They killed him, by using excessive force. Someone begging and pleading is not resisting.

 

 

Do you know the difference between murder and manslaughter?

[rosst]

8 hours ago, cmarshall said:

Good judge.

This case will not end well, regardless of the verdict. 

The officer needs to be convicted of the use of excessive force and the others of incompetence. 

The main offender needs to be jailed and all dismissed, the others need to apologise and be fined. 

The medical evidence which has surfaced appears to indicate overdose. 

A gross overreaction to the death of another black criminal.  I absolutely agree that there is a need for systemic change in police practices in the US. 

[Boon Mee]

Well, the only objective conclusion is that the fix is in.... 

[onthedarkside]

A post that listed a false cause of Floyd's death has been removed. The official cause of death is listed in the OP article.

 

[Yellowtail]

1 hour ago, Boon Mee said:

Well, the only objective conclusion is that the fix is in.... 

Pretty silly statement. Had the judge not barred the prosecutors had the cops been convicted, it would be grounds for an appeal.

 

 

[wwest5829]

4 hours ago, loong said:

I doubt that a fair jury could be selected from anywhere in the USA.

A jury which has not seen or heard anything about the case ... I would agree. A fair jury ... yes, it is possible. There are those who can still use reason over emotion although it is understandable in these days and times that substantial doubt about that exists.

[IAMHERE]

5 hours ago, thaibeachlovers said:

If found not guilty can't be tried again in the US.

True, except they can be tried in civil court and pay fines more than they can make in their lifetimes. OJ Simpson was found not guilty but tried again in a civil trail; very costly in his wallet. 

[xofswen]

3 hours ago, IAMHERE said:

True, except they can be tried in civil court and pay fines more than they can make in their lifetimes. OJ Simpson was found not guilty but tried again in a civil trail; very costly in his wallet. 

It's unlikely Floyd's family can sue Minneapolis police officer D Chauvin or the other co-defendants in the state of MN. due to qualified immunity. Instead Floyd's family and other tax payers in Minnesota will actually be funding the fired cops retirement pension when he starts to collect it.

https://reason.com/tag/qualified-immunity/

Edited September 12, 2020 by xofswen

[Yellowtail]

7 hours ago, xofswen said:

It's unlikely Floyd's family can sue Minneapolis police officer D Chauvin or the other co-defendants in the state of MN. due to qualified immunity. Instead Floyd's family and other tax payers in Minnesota will actually be funding the fired cops retirement pension when he starts to collect it.

https://reason.com/tag/qualified-immunity/

Yes, but the family will sue the city and the city will settle. 

 

They likely could not get enough form the individual cops to get an attorney to take the case, and even if they could the individuals would not settle.

[MaxYakov]

"The only overdose that killed George Floyd was an overdose of excessive force and racism by the Minneapolis Police Department," lawyer Ben Crump said outside the courthouse. "It is a blatant attempt to kill George Floyd a second time."

 

The prosecutors are as crazy as the people who are pushing the "murder" scenario. His brother (in the OP's Image) should be apologizing to America for his brother's being drug-addicted and resisting arrest (and probably overdosing himself) and the trigger for all the ensuing death and destruction. Of course, I'm sure he's not apologizing, but blaming the system (police) instead.

 

BTW, he, Rodney, should attend a "How to Wear a Mask 101" classlike a lot of people I see on the street.

Edited September 13, 2020 by MaxYakov

[RichardColeman]

Cannot see a guilty verdict in this case - but I can see mass rioting , looting , carnage , murder, rape, theft, arson and police deaths when they announce a 'not guilty' or hung jury.

[Scott]

A post containing unsubstantiated claims has been removed along with numerous replies. 

 

 

[geriatrickid]

 

 

On 9/12/2020 at 3:42 AM, thaibeachlovers said:

If found not guilty can't be tried again in the US.

not on the specific charges, but there are other charges available. If you  recall the history of the civil rights movement in the USA, when southern states would acquit on state charges, the feds could get a conviction under federal laws.  when the "man" wants to get you, he will get you.

 

On 9/12/2020 at 12:30 PM, xofswen said:

It's unlikely Floyd's family can sue Minneapolis police officer D Chauvin or the other co-defendants in the state of MN. due to qualified immunity. Instead Floyd's family and other tax payers in Minnesota will actually be funding the fired cops retirement pension when he starts to collect it.

https://reason.com/tag/qualified-immunity/

The  police officers here are subject to a collective agreement  and pension fun regulations which protect their pensions.

 

- They come under the Minnesota Public Employees Retirement Association pension agreement

- Chuavin, the principal accused, is eligible for his pension at age 50 valued at  US $1.5 million+ over a 30-year period (COLA and   top up payments are in addition)

- Minnesota is not a state that requires forfeiture of the pension. (The pension is paid in part  by the employee, investment returns and mostly by employer contribution)

 

The family can bring civil damage litigation and a criminal conviction is almost a certain guarantee of a plaintiff winning the civil suit. The issue that arises is whether or not the pension could be seized in whole or in part. Only the  federal government is allowed to do that (in part) for taxes. Also allowed is partial seizure for  alimony and child support.  If the accused declare bankruptcy, there will be nothing to seize.

 

Of interest will be who is obliged to pick up the legal fees of the accused. it will run into the millions. I expect the taxpayers will be paying this.

 

[geriatrickid]

5 hours ago, RichardColeman said:

Cannot see a guilty verdict in this case - but I can see mass rioting , looting , carnage , murder, rape, theft, arson and police deaths when they announce a 'not guilty' or hung jury.

The verdict may not be available for 3 months or more.

Have you ever been to Minnesota during December-March?

The weather is not conducive to rallies, protests, marches, mass rioting or looting.

There were no murders, rapes or police deaths associated with the Floyd event protests. why would they suddenly start?

 

[xofswen]

10 hours ago, geriatrickid said:

The verdict may not be available for 3 months or more.

Have you ever been to Minnesota during December-March?

The weather is not conducive to rallies, protests, marches, mass rioting or looting.

There were no murders, rapes or police deaths associated with the Floyd event protests. why would they suddenly start?

 

 

11 hours ago, geriatrickid said:

 

 

not on the specific charges, but there are other charges available. If you  recall the history of the civil rights movement in the USA, when southern states would acquit on state charges, the feds could get a conviction under federal laws.  when the "man" wants to get you, he will get you.

 

The  police officers here are subject to a collective agreement  and pension fun regulations which protect their pensions.

 

- They come under the Minnesota Public Employees Retirement Association pension agreement

- Chuavin, the principal accused, is eligible for his pension at age 50 valued at  US $1.5 million+ over a 30-year period (COLA and   top up payments are in addition)

- Minnesota is not a state that requires forfeiture of the pension. (The pension is paid in part  by the employee, investment returns and mostly by employer contribution)

 

The family can bring civil damage litigation and a criminal conviction is almost a certain guarantee of a plaintiff winning the civil suit. The issue that arises is whether or not the pension could be seized in whole or in part. Only the  federal government is allowed to do that (in part) for taxes. Also allowed is partial seizure for  alimony and child support.  If the accused declare bankruptcy, there will be nothing to seize.

 

Of interest will be who is obliged to pick up the legal fees of the accused. it will run into the millions. I expect the taxpayers will be paying this.

 

The police union or association will pay the legal fees of cops charged for crimes while on the job, not the tax payers.

Floyd's family can attempt to sue the police officers but that's likely to get nowhere in the courts due to; ("qualified immunity” defense, which is a doctrine created by the Supreme Court that says that government officials are immune from being sued even if they violate the Constitution), but there are civil remedies they can pursue against the city of Minneapolis which I think has already occurred.

The outcome of any criminal cases will have zero relevance or impact to any civil cases launched by Floyd's family against Chauvin and his co-accused OR the city of Miuneapolis as the burden of proof standards are very different. Refer to OJ Simpson, acquitted of murder but successfully sued in a California civil court.