I’m downtown for today’s 12:15 court hearings for the officers charged in the death of George Floyd. Follow this thread for updates today. There will be no cameras in the court, after the Attorney General’s office objected - but there is an update on that:
Thomas Plunkett, the attorney for J Alexander Kueng filed a motion for the judge to reconsider, making the argument that the state has “forfeited their statutory right to object to cameras in the courtroom.”
Plunkett argues that several officials (the governor, mayor, police chief, public safety commissioner) have improperly commented on the case, referring to the officers’ actions as murder, and by doing so have “forfeited their statutory right to object to cameras”
Plunkett cites a few different cases in which a party’s conduct meant they forfeited a right (no cases related to cameras though.)
Plunkett then gives his reasoning for wanting cameras in the following paragraphs:
For added context, it is extremely rare (as in I have never personally encountered it) that a criminal defendant wants the cameras In court. Sentencing hearings are presumed to allow cameras, but preconviction hearings are presumed not to, unless all parties agree to it.
Here is the statement Attorney General Keith Ellison has given in why he doesn’t want cameras in court preconviction.
Worth noting that Plunkett is using pretrial public statements to argue for cameras in court, which is rare. So far, no motion has been filed for change of venue, but statements like that are often used in those kinds of arguments as well.
Right now I’m counting close to 60 members of the press, including photographers and crew, outside the jail where the court hearings will be held. 18 reporters will be allowed into the overflow courtrooms.
Officer Thomas Lane has arrived for the hearing with attorney Earl Gray
Family members of Officer J Alexander Kueng are attending the hearing. Derek Chauvin’s attorney Eric Nelson has also arrived.
Now former officer J Alexander Kueng has arrived with his attorney Thomas Plunkett
Lead prosecutor Matthew Frank from the AG office has arrived
The four hearings for the officers charged in the death of George Floyd are over. A lot of little things happened – but nothing “major.” No pleas entered yet. But we got an idea of what is to come.
First, the defense attorneys and Judge Peter Cahill made a big deal of the pretrial publicity so far. Cahill has not entered a gag order, but asked the sides to tell those they have “control” over to tone it down.
Judge Cahill does not want to read or hear statements made concerning opinion of guilty or innocence, evidence that might be introduced in court, or the merits of the case.
Judge Cahill made it clear that if those kinds of comments continue, this case is headed for a change of venue.
Second, we learned the defense will certainly file motions for change of venue based on pretrial publicity. Judge Cahill wants to address that issue first, so look for those motions to be filed first.
Judge Cahill also wants to first address the issue of whether the trials will be held separately or joined. So look for those motions soon as well.
We also learned in at least some of the cases, the defense attorneys plan to file motions to dismiss charges for lack of probable cause and other legal reasons
These motions could be handled at a September 11 hearing, which is the next hearing now added to the court calendar. The motions will likely be handled all together, even if the trials will end up separate.
Third, the judge wants to decide whether audio/visual recording will be allowed at the trials. It is clear the defense wants cameras. And so far, the prosecution is opposed.
But the judge wants to eventually hear more on the matter from the two sides. He already has researched possible livestreaming options.
But for these other pretrial hearings, Judge Cahill is sticking to his order to keep cameras out, even though Attorney Thomas Plunkett filed a motion to reconsider this morning. Judge Cahill disagrees with PLunkett's argument that the state forfeited its right to oppose cameras.
Derek Chauvin's attorney Eric Nelson was the first to address pretrial publicity. "There is no exception for political convenience. We will be seeking a gag order if public statements continue."
The attorney for Tou Thao, Robert Paule, argued the most about the damage caused by statements made by the governor, mayor, police chief, etc that the officers murdered George Floyd.
Paule was especially irked that it appeared Attorney General Keith Ellison discussed with George Floyd's family about the possibility of 1st Degree murder charges, and then the FLoyd family attorney leaked info from those private conversations to the press.
After Paule's argument, Judge Cahill said to the prosecutor, "They are more than likely pushing this trial to a different venue if they continue to do so. More likely to push it out of Hennepin County and they need to be aware of that."
Assistant AG Matthew Frank responded, "We are just as interested in a fair trial here as anybody." Frank said, "We have done our best to make the court’s point to (Minneapolis officials) in hopes of putting an end to it as well. Legally we don’t’ have control over them."
There was a moment of disruption in the courtroom at that point by some courtroom observers. Judge Cahill asked them not to react to what the Court is saying. I will have to check with the pool reporter what that was all about.
Judge Cahill warned again that a gag order, or more likely a change of venue could result if comments in press about guilt or innocence, possible evidence, or merits of case continue.
Attorney Robert Paule said this case has gotten more media attention than any other case in the history of Minnesota. And he said there are those savvy enough to use the media to advance their own agenda.
We learned how much evidence exists in this case so far. Attorney Eric Nelson said he's received from the state 8130 items, which include 750 recordings and the rest printed materials. Prosecutor Thomas Franks says there is more, and more keeps coming in.
The first trial date is set for March 8, 2021. That will either be the first of multiple trials, or possibly the only trial if the officers are all to be tried together. That will be determined.
Today, Officer Derek Chauvin appeared via video monitor from the prison where he is held. Kueng and Lane appeared out of custody in-person, and Tou appeared in-custody in-person. None of the defendants said much of anything except waiving their rights to a speedy trial.
That's it for now. Will report on @kare11 at 4, 5, 6, 630
You can follow @LouRaguse.
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