Judge says no ruling today on defense motions to drop charges
Judge to reconsider decision removing Hennepin Co. Attorney Mike Freeman from prosecution team
Judge denies request to allow George Floyd's prior arrests as evidence
Judge suggests sending jury questionnaires before deciding on change of venue
Protesters gather outside Hennepin County courthouse
4 p.m.
The Minnesota Attorney General's Office and Hennepin County Attorney's Office say they have jointly asked for, and have been granted, a reconsideration of Judge Peter Cahill's order removing Hennepin County Attorney Mike Freeman and three other attorneys from the prosecution team in the death of George Floyd.
A court date is still pending for the reconsideration motion.
In Friday's pretrial hearing, Judge Cahill said Freeman and the others violated attorney-witness rules. Cahill said it was "sloppy" for Freeman, Senior Hennepin County Attorney Amy Sweasy, Assistant Hennepin County Attorney Patrick Lofton, and Deputy Hennepin County Attorney Andy LeFevour to be present for an interview with a medical examiner without a non-attorney third party present.Â
However, in arguing for reconsideration, Assistant Attorney General Matthew Frank cited a previous Minnesota Supreme Court ruling, saying the third party does not have to be a non-attorney. In addition, Frank argued that Sweasy and Lofton had officially left the case prior to the medical examiner interview, making them valid third parties to the interview.
"The meeting was completely routine and if the ruling stands, would make it nearly impossible for prosecutors to obtain, understand and introduce evidence in a case," The Hennepin County Attorney's Office said in a statement. "Since the Hennepin County attorneys conducted the meeting consistent with the direction of the Minnesota Supreme Court ruling, the county attorney’s office is confident that this order will eventually be withdrawn or modified."
12:30 p.m.
A pre-trial hearing has concluded for the former Minneapolis police officers charged in the death of George Floyd in May.
Former Minneapolis police officer Derek Chauvin is charged with second-degree murder, third-degree murder, and second-degree manslaughter in Floyd's death in May. Video of Chauvin with his knee on Floyd's neck was seen around the world, and prompted days of unrest in the Twin Cities and other communities.Â
Fellow former officers J. Alexander Kueng, Tou Thao and Thomas Lane are each charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.
In Friday's hearing, Hennepin County District Court Judge Peter Cahill said he would not immediately rule on defense motions to dismiss charges.
In addition, no immediate decision was made on motions to combine the four cases into one trial, or a motion to change the location of any trial.
Cahill did make several other rulings. In one, Hennepin County Attorney Mike Freeman was disqualified from participating in the prosecution due to his presence at an interview with a medical examiner.Â
(Update, 4 p.m.: The Hennepin County Attorney's Office says it has been granted a reconsideration of the above ruling, though no date has been set.)
In addition, the judge denied a request to allow two of George Floyd's earlier arrests to be used as evidence, though one of those cases may be revisited at trial.
Any other decisions on today's motions and oral arguments will come in writing. Judge Cahill has said those decisions will be made by Oct. 15.Â
No date was given for any additional pre-trial hearings. Any trial or trials would begin in March 2021.
"We demand justice for George Floyd," family attorney Ben Crump said following the hearing. "We just sat through a very emotional hearing where people tried to kill George Floyd a second time. They made all sorts of foolish allegations, talking about, he died of a drug overdose. They're trying to claim the knee on his neck for eight minutes and 46 seconds had nothing to do with his death. They are trying to say that the knee on his neck for eight minutes and 46 seconds was reasonable. They are trying to claim some asinine theory about an overdose. The only overdose that killed George Floyd was an overdose of excessive force and racism of the Minneapolis Police Department."Â
"We sat in this courtroom and we heard so many lies about my brother," said Floyd's brother, Rodney Floyd. "He's an uncle, he's a father, he's a friend, a pillar of his community in Houston, Texas ... people of Minnesota loved him too."
"Just sitting here being in Minnesota is hard," Floyd's brother, Philonise Floyd said. "We shouldn't have to be here because of George. George should be alive. He didn't die of natural causes. He died because of a knee being on his neck ...He did not die of an overdose."
Another brother, Terrence Floyd, said he was angry after the hearing, but encouraged others in the community to remain peaceful.
"The one thing I want is accountability," Terrence Floyd said.Â
12 p.m.
In preparation for a possible trial or trials in March 2021, Judge Peter Cahill said he's planning on taking two weeks for jury selection and four weeks for trial, though that timeline could change as any trial date approaches.Â
Any trial or trials still depend on the judge's rulings on motions for combining the cases into one trial, change of venue, and whether charges will be dismissed against any of the defendants. The judge made it clear that there would be no ruling on dismissals today.
Cahill also said attorneys and the court should continue to plan to have COVID safety restrictions in place next March.
No decision was made on whether the judge would allow longer than recommended sentences if the former officers are convicted. More filings on that subject are expected at a later date.
11 a.m.
Judge Peter Cahill has disqualified Hennepin County Attorney Mike Freeman and a few other prosecutors from the county attorney's office from participating in the George Floyd case as lawyers.
Judge Cahill said it was "sloppy" for Freeman and the other prosecutors to be present during an interview of medical examiner Dr. Andrew Baker. Cahill says they are now considered witnesses as a result, and defense or prosecution attorneys can call them to testify at the trial.
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