GUILTY MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #21

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  • #81
@Seattle1 - was wondering if you could help me on this. I have been looking here:

Docket for United States v. Chauvin, 0:21-cr-00108 - CourtListener.com

for ALL the officers' court stuff - their names are on the entries. Just want to make sure this "is" the one I should be looking at now that Chauvin has plead guilty - and is no longer on the docket. Since the judge severed the case from his - would the officers' have a "new" court case #?

TIA! :)
 
  • #82
  • #83
Both sides ask for delay in state trial for three former Minneapolis police officers in George Floyd's death

Attorneys for the defense and prosecution are asking a Hennepin County judge to delay the March trial date for three former Minneapolis police officers in order to allow a federal trial to run its course first.

A federal judge this week formally scheduled jury selection for the civil rights trial of Tou Thao, J. Alexander Kueng and Thomas Lane to begin Jan. 20 in St. Paul. The state's trial against the former officers is currently set to begin March 7.

Since it's unknown how long the federal trial will take, "a continuance should be granted in the interest of justice,"
 
  • #84
  • #85
At least I can shorten this up a bit now! :)

Tuesday, January 11th:
*Status Conference Hearing for all 3 (@ am CT) –MN - *Federal Grand Jury indicted & charged (5/7/21) & arraigned (9/14/21) Tou Thao (34/now 35) & J. Alexander Kueng (26/now 27) for violated Floyd’s civil rights. Charged with violating Floyd's right to be free from unreasonable seizure, alleging they willfully failed to intervene to stop Chauvin’s unreasonable force, resulting in bodily injury to & the death of Mr. Floyd & failure to provide Floyd with medical care. Thomas Kiernan Lane (37/now 38) is charged with failure to provide Floyd with medical care. All released on $25K unsecured bonds. All plead not guilty on 9/14/21.
Info on indictment of 5/7/21 & court info from 5/15/21 thru 8/2/21 reference post #979 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20
Trial set to begin on 1/20/22 with jury selection.
8/17/21: In documents obtained by Radar, Anders Folk — Acting United States Attorney for the District of Minnesota — is fighting back against Chauvin, Kueng & Thao's demands. According to the docs, the three ex-cops want the prosecution to "produce a list of all individuals it intends to call as a witness at trial," including the "name & address of each potential witness." Chauvin & Kueng want to be provided the list "one month in advance of trial," while Thao asks the disclosure of witnesses "be made six months before trial." Prosecutors argue that "the government is under no obligation to provide this information to the defense prior to trial." Prosecutors agree "to provide, at least 30 days prior to trial, a potential witness list identifying the witnesses it may call in its case-in-chief & expressly asks that a similar & reciprocal disclosure obligation be ordered for each defendant." Arraignment hearing on 9/14/21.
9/14/21 Update: Chauvin & the three other officers at the scene of Floyd’s fatal arrest pleaded not guilty to federal civil rights charges on Tuesday. The judge didn't make any rulings on the motions Tuesday, but asked all the parties to file briefs outlining their arguments. Chauvin is also scheduled to appear at a hearing on Thursday in federal court on a separate charge, for an incident during which he allegedly knelt on a 14-year-old boy for 17 minutes. Lane, Kueng & Thao have asked that their federal civil rights trial be separated from Chauvin’s on grounds any jury would be unfairly prejudiced against them if they went to trial alongside him. US prosecutors have asked the court to conduct one trial for all four. The judge pushed back on some of the defense arguments, saying all the video evidence available will show who did what at the scene of Floyd’s murder. Prosecutors point out the federal case is not a murder case, but a civil rights violation case. The judge will rule on the motion at a later date. 9/14/21 another update: Minute Entry for proceedings held before Magistrate Judge Tony N. Leung: Motion Hearing as to Chauvin, Thao, Kueng, & Lane held on 9/14/21: Non-Dispositive Motions 41, 42, 43, 51, 62, 63, 64, 65, 66, 67, 68, 72, 73, 74, 75, 76, 77, 79, 80, 81, 82, 83, 84, 85, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100 & 101 taken under advisement 9/14/21. Order to be issued; Dispositive Motions 69, 70, 78 & 88 require additional briefing & will be taken under advisement as of the latest briefing due date: Defendant Additional Briefing due 10/12/21. Government Additional Briefing due 10/26/21. R&R Issue Date 11/29/21. Minute Entry for proceedings held before Magistrate Judge Tony N. Leung: Arraignment as to Chauvin (1) Count 1, 3 held on 9/14/21. Not Guilty Plea Entered. Transcript of Motions Hearing held on 9/14/21 before Magistrate Judge Tony N. Leung as to Chauvin, Thao, Kueng, & Lane. (79 pages). Trial has been cancelled for 10/8/21.
11/29/21 Update: U.S. Magistrate Judge Tony Leung has denied requests to separate the cases of the former Minneapolis police officers involved in Floyd's death in a federal civil rights case related to the encounter. But he did not completely eliminate the possibility of having the former officers tried separately if a development arises that would justify separate trials. Judge Leung argued that the federal criminal system favors trying defendants together & that such arrangements are common. Leung stated the actions of Chauvin, Thao, Kueng & Lane all happened at the same time & place and video evidence shows all four officers together, so regardless of whether their cases are joined or not, jurors will still see how the other defendants' actions interplayed with Chauvin's. The judge also said the attorneys representing the three former officers did not show that a joint trial would harm the defendants' right to fair legal process. Rather, he argued the opposite — that having all four tried together would actually help the jurors "by giving them the best perspective on all of the evidence, allowing them to assess relative culpability" & "reach a just verdict."
11/29/21: #131-Order on Motion for miscellaneous relief. Order on Motion for Discovery & Order on Motion to Retain rough notes & Order on Motion for Discovery & Motion fo Disclosure. Order on Motion for Release of Brady materials & Order on Motion for Counsel to participate in voir dire & Order on Motion for Disclosure & Discovery.
https://storage.courtlistener.com/recap/gov.uscourts.mnd.194493/gov.uscourts.mnd.194493.132.0.pdf
11/30/21 Update: U.S. District Judge Paul Magnuson earlier this month mailed out jury questionnaires ordering prospective jurors in the case to report to the courthouse on 1/20/22. The trial of Chauvin, Kueng, Thao & Lane will run through mid-February. Some issues are still lingering ahead of the trial, including a magistrate judge’s ruling that the four officers should be tried together. Attorneys for Kueng, Thao & Lane have argued that Chauvin, already found guilty, should be tried separately in order to ensure a fair trial for the other three former officers. The trio could still ask Magnuson for an independent ruling. Kueng, Thao & Lane face State trial next March [3/28/22] on aiding & abetting counts. Chauvin is also charged in a separate Federal indictment alleging he violated the civil rights of a 14-year-old boy in 2017.
11/29/21: #132 Order granting #51 Motion for Discovery; granting in part & denying in part #92 Motion for Disclosure; granting in part & denying in part #93 Motion for Release of Brady Materials; granting in part & denying in part #94 Motion for Disclosure; denying #95 Motion for Disclosure; granting in part & denying in part #96 Motion for Disclosure; granting in part & denying in part #97 Motion for Discovery; granting in part & denying without prejudice in part #98 Motion for Discovery; granting #99 Motion to Retain Rough Notes; denying as moot #100 Motion for Discovery; and denying without prejudice #101 Motion for Counsel to Participate in Voir Dire as to Chauvin. Signed by Magistrate Judge Tony N. Leung on 11/29/21.
12/3/21: #137 Main Document: Order on Motion for Miscellaneous Relief. 12/1/21: Joint motion (Motion for miscellaneous relief) to set certain deadlines by USA as to Thao, Kueng & Lane & Chauvin. 12/3/21: Order as to Motion for Misc. Relief-granted by The Hon. Paul A. Magnuson on 12/3/21. 12/13/21: Notice of setting Change of Plea hearing for Chauvin on 12/15/21 @ 9am. 12/15/21 Update: Chauvin pleaded guilty to federal charges of using excessive force against George Floyd & a 14yo boy during a 2017 incident. There is a recommended sentence of 240 to 300 months. This is 20-25 years & this would run concurrent to his murder sentence. Part of the plea agreement is that Chavuin can never become a law enforcement officer again. He has no right to appeal or have any kind of trial in this case. Chauvin must also disclose all his assets. Judge will not sentence Chauvin today waiting on the pre-sentence report. 12/20/21 Update: Order severing defendant Chauvin from co-defendants.
1/10/21 Update: Status hearing on 1/11/22. Will discussion issues & what will be permitted at trial.
MN – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) – Tou Thao (34/now 36), Thomas Kiernan Lane (37/now 38), & J. Alexander Kueng (26/now 27) were fired (5/26/20), arrested (6/3/20) & charged (6/4/20) with aiding & abetting 2nd degree murder-unintentional-while committing a felony & aiding & abetting 2nd degree manslaughter-culpable negligence creating unreasonable risk. Bond set at $1M for all or bond conditions @ $750K. Lane released (6/10/20) on $750K bond with conditions. Kueng released (6/19/20) on $750K bond with conditions.
Trial was set to begin on 8/23/21 continued to 3/7/22 with jury selection. Federal case will be tried first. Defense & State have asked to delay trial date.
Bond conditions & court info from 6/3/20 to 8/17/21 reference post #979 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20
 
  • #86
Any news on the hearing for the 3 for yesterday? Court site is not updated yet... just wondering!

TIA!
animated-smileys-waving-002.gif.pagespeed.ce.NgmNDJ18zj.gif
 
  • #87
  • #88
  • #89
Niner said:
Any news on the hearing for the 3 for yesterday? Court site is not updated yet... just wondering!

TIA!
animated-smileys-waving-002.gif.pagespeed.ce.NgmNDJ18zj.gif
Click to expand...

Judge in federal trial in Floyd death urges quick proceeding | AP News

[...]

U.S. District Judge Paul Magnuson used Tuesday’s pretrial hearing to rule on several motions, including granting defense requests that a girl who was 9 when she witnessed Floyd’s death be blocked from testifying and that an off-duty firefighter who also witnessed the death be barred from testifying in uniform.

Magnuson also initially granted a motion to limit medical testimony, commenting that “we have way too many witnesses in this case.” Prosecutor LeeAnn Bell urged the judge to reconsider, saying she would provide the court with a synopsis of what each medical expert would testify about.

Magnuson said he was concerned that attorneys, defendants or jurors could fall ill with COVID-19, as the highly contagious omicron variant has become widespread. The judge also expressed concern that the case “is getting out of proportion.”

[...]

Magunson denied a request from Kueng’s attorney, Tom Plunkett, to bar paramedics from testifying about whether Floyd was dead when they arrived. Prosecutors had noted that the government must prove beyond a reasonable doubt that the officers’ actions resulted in Floyd’s death. In court filings, prosecutors said they anticipate presenting evidence that shows the officers were trained that “when a person is no longer breathing and does not have a pulse, one must act quickly to provide potentially lifesaving aid.”

Maguson also said the court, not attorneys, would handle juror questioning. He plans to bring in 36 jurors at a time for questioning, and will repeat that process until a total of 40 jurors have been passed for cause. Then attorneys will be able to use their strikes. Magnuson said he will seat 18 jurors, including six alternates.

Thao’s attorney, Bob Paule, asked the court to bar prosecutors from asking witnesses about how they felt while watching Floyd’s arrest or videos of it. Maguson warned attorneys to careful while questioning witnesses, saying emotional responses can be harmful and prejudicial.

[...]
 
  • #90
Thanks @Kristin Esq. ! Boy you found more than I could find over here (Europe)! Got my notes together now! :)
 
  • #91
 
  • #92
Prosecutors say barring witnesses in case against ex-officers in George Floyd death deprives them of fair trial

Jan. 13, 2022

Federal prosecutors say a judge's decision to prohibit some witnesses from testifying in the upcoming civil rights case against three former Minneapolis officers will hinder their argument and "deprive the government of its right to a fair trial."

Earlier this week, U.S. District Judge Paul Magnuson said attorneys on both sides of the federal trial must hasten their cases to reduce the chances of a COVID-19 outbreak that could burn through jurors and upend the proceedings. Magnuson singled out the prosecution's list of 48 witnesses as too long, and said he won't allow what he deemed unnecessary testimony from a 10-year-old and more than one medical expert.

In a response filed late Wednesday, prosecutors say they plan to pare down their witness list and heed the concerns about the virus interfering with the trial. "That said, the pursuit of justice should not become a subordinate interest to brevity here," prosecutors wrote. "This case involves constitutional violations by sworn law enforcement officers that resulted in the death of a man, and neither COVID nor concerns about security should limit the government or the defense from presenting its case."

more in article
 
  • #93
Federal case docket update:

Doc # Date Filed Description

183 Jan 7, 2022 MOTION to Quash Subpoena by City of Minneapolis as to Derek Michael Chauvin, Tou Thao, J Alexander Kueng, Thomas Kiernan Lane. (Bachun, Caroline)
Motion to Quash

184 Jan 7, 2022 MEMORANDUM in Support by City of Minneapolis as to Derek Michael Chauvin, Tou Thao, J Alexander Kueng, Thomas Kiernan Lane re [183] MOTION to Quash Subpoena (Attachments: # (1) LR7.1/LR72.2 Word Count Compliance Certificate)(Bachun, Caroline)
Memorandum in Support of Motion

185 Jan 7, 2022 PROPOSED ORDER TO JUDGE re [183] MOTION to Quash Subpoena by City of Minneapolis as to Derek Michael Chauvin, Tou Thao, J Alexander Kueng, Thomas Kiernan Lane (Bachun, Caroline)
Proposed Order to Judge

196 Jan 11, 2022 EXPEDITED HOURLY TRANSCRIPT SERVICES REQUEST to Court Reporter Renee Rogge. (Sertich, Manda)
Transcript Request

197 Jan 12, 2022 TEXT-ONLY ORDER granting [189] Motion to Exclude as to J Alexander Kueng (3). Based on the Court's ruling at the final pretrial conference, this evidence is excluded and the Government's Motion is therefore granted. Entered by Judge Paul A. Magnuson on 1/12/2022. (ALT)
Order on Motion to Exclude

Jan 12, 2022 Order on Motion to Exclude


link: Docket for United States v. Chauvin, 0:21-cr-00108 - CourtListener.com
 
  • #94
  • #95
A bit long - so will shorten this up a bit....

Thursday, January 20th:
*Jury Voir Dire Hearing for all 3 (@ am CT) –MN - *Federal Grand Jury indicted & charged (5/7/21) & arraigned (9/14/21) Tou Thao (34/now 36) & J. Alexander Kueng (26/now 28) for violated Floyd’s civil rights. Charged with violating Floyd's right to be free from unreasonable seizure, alleging they willfully failed to intervene to stop Chauvin’s unreasonable force, resulting in bodily injury to & the death of Mr. Floyd & failure to provide Floyd with medical care. Thomas Kiernan Lane (37/now 38) is charged with failure to provide Floyd with medical care. All released on $25K unsecured bonds. All plead not guilty on 9/14/21.
Trial set to begin on 1/20/22 with jury selection. 12 jurors & 6 alternates.
Info on indictment of 5/7/21 & court info from 5/15/21 thru 12/20/21 reference post #83 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #21
1/10/21 Update: Status hearing on 1/11/22. Will discussion issues & what will be permitted at trial. U.S. District Judge Paul Magnuson is expected to lay out how the trial will proceed & weigh what evidence will be limited or allowed. Both sides have filed several motions. Among them, Kueng’s attorney, Tom Plunkett, wants paramedics to be barred from testifying about whether Floyd was dead when they arrived, saying it’s irrelevant. Prosecutors disagree, saying the government must prove beyond a reasonable doubt that the officers’ actions resulted in Floyd’s death. Thao’s attorney, Bob Paule, wants the court to bar prosecutors from asking witnesses about how they felt while watching Floyd’s arrest or videos of it, saying such testimony is likely to mislead the jury. Prosecutors say witness observations are relevant as the jury determines the officers’ state of mind. Paule is also asking the judge to bar witnesses from wearing clothing that could bias the jury. Lane’s attorney, Earl Gray, also asked that the government be barred from calling a 10-year-old girl as a witness, saying her testimony would be used to invoke sympathy. Prosecutors disagreed, saying even the young girl, who was 9 at the time, could see Floyd had a serious medical need. Prosecutors are asking that the defense be barred from introducing evidence about the culture of the Minneapolis Police Dept. & past use-of-force complaints. Paule & Gray also want extra peremptory challenges during jury selection, citing pretrial publicity. Ordinarily, the government has 6 peremptory challenges & defendants in a multi-defendant case have 10. It was not known if Magnuson would issue any rulings during Tuesday’s hearing. Trial begins on 1/20/22 with jury selection.
1/11/22 Update: U.S. District Judge Paul Magnuson used Tuesday’s pretrial hearing to rule on several motions, including granting defense requests that a girl who was 9 when she witnessed Floyd’s death be blocked from testifying & that an off-duty firefighter who also witnessed the death be barred from testifying in uniform. Magnuson also initially granted a motion to limit medical testimony, commenting that “we have way too many witnesses in this case.” Prosecutor LeeAnn Bell urged the judge to reconsider, saying she would provide the court with a synopsis of what each medical expert would testify about. Magnuson said he was concerned that attorneys, defendants or jurors could fall ill with COVID-19, as the highly contagious omicron variant has become widespread. The judge also expressed concern that the case “is getting out of proportion.” Magnuson denied a request from Kueng’s attorney, Tom Plunkett, to bar paramedics from testifying about whether Floyd was dead when they arrived. Magnuson also said the court, not attorneys, would handle juror questioning. Both prosecuting & defense attorneys will pass questions to the judge to ask, but will not interact with jury candidates themselves. He plans to bring in 36 jurors at a time for questioning & will repeat that process until a total of 40 jurors have been passed for cause. Then attorneys will be able to use their strikes. Magnuson said he will seat 18 jurors, including 6 alternates. Trial starts on 1/20/22 with jury selection.
1/12/22 Update: Federal prosecutors say a judge's decision to prohibit some witnesses from testifying in the upcoming civil rights case against three former Minneapolis officers will hinder their argument & "deprive the government of its right to a fair trial." Earlier this week, U.S. District Judge Paul Magnuson said attorneys on both sides of the federal trial must hasten their cases to reduce the chances of a COVID-19 outbreak that could burn through jurors & upend the proceedings. Magnuson singled out the prosecution's list of 48 witnesses as too long & said he won't allow what he deemed unnecessary testimony from a 10-year-old and more than one medical expert. In a response filed late Wednesday (1/12/22), prosecutors say they plan to pare down their witness list & heed the concerns about the virus interfering with the trial. "That said, the pursuit of justice should not become a subordinate interest to brevity here," prosecutors wrote. "This case involves constitutional violations by sworn law enforcement officers that resulted in the death of a man & neither COVID nor concerns about security should limit the government or the defense from presenting its case." In his order, Magnuson dismissed the testimony of Judeah Reynolds as "unnecessary & likely only offered to elicit sympathy." Reynolds was 9 years old when she saw the four Minneapolis officers detaining Floyd on May 25, 2020. In their response to the judge, prosecutors said Reynolds is not a mere prop & that her testimony is needed to prove beyond a reasonable doubt that Floyd had an objectively serious medical need, "meaning one that is so obvious that even people with no formal medical training would recognize that care is required." Prosecutors also objected to Magnuson's ruling that calling multiple medical experts to testify would be "inefficient" & "improper." Prosecutors plan to call two medical experts, including Andrew Baker, who they say is limited to his specialized expertise as Hennepin County Medical Examiner. For this reason, prosecutors say, they want to call a second expert who can speak to medical issues such as how the officers' compression on Floyd's airway & torso could hinder his ability to breathe, how resuscitation could have saved him & specific effects of the combination of fentanyl & methamphetamine.
1/7/22: Motion to Quash (#183) subpoena by City of MN as to all defendants. Memorandum in support by City of MN re motion to quash (#183). Proposed Order to Judge re (183) Motion to Quash subpoena. 1/11/22: Expedited hourly transcript service requested. 1/12/22: Text only Order-Granted (189) Motion to Exclude as to Kueng. Based on the Court's ruling at the final pretrial conference, this evidence is excluded the Government's motion is therefore granted entered by Judge Paul Magnuson.
State case - MN – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) – Tou Thao (34/now 36), Thomas Kiernan Lane (37/now 38), & J. Alexander Kueng (26/now 28) were fired (5/26/20), arrested (6/3/20) & charged (6/4/20) with aiding & abetting 2nd degree murder-unintentional-while committing a felony & aiding & abetting 2nd degree manslaughter-culpable negligence creating unreasonable risk. Bond set at $1M for all or bond conditions @ $750K. Lane released (6/10/20) on $750K bond with conditions. Kueng released (6/19/20) on $750K bond with conditions. Thao released (7/4/20) on $750K bond with conditions.
Trial was set to begin on 8/23/21 continued to 3/7/22 with jury selection. Federal case will be tried first. Defense & State have asked to delay trial date. 1/19/22 Update: Trial has been rescheduled to 6/13/22.
Bond conditions & court info from 6/3/20 to 8/17/21 reference post #979 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20
 
  • #96
  • #97
So, is this starting today with jury selection?
 
  • #98
  • #99
  • #100
Jury selection begins in federal trial of cops accused of aiding George Floyd's murder

[...]

Potential jurors in the federal trial are being questioned by U.S. District Judge Paul Magnuson and subjected to an extensive questionnaire.

Several potential jurors have already been excused over concerns about their ability to be impartial, including a man who expressed religious concerns about sentencing the three men.

Magnuson said the the selection of an initial group of 40 potential jurors could be completed in two days. Eventually, the group will be widdled down to 18, which will include six alternates, notes the AP.

[...]
 
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