Federal Trial of Thomas Lane,
J Alexander Kueng, Tou Thao

Ex-MPD officers guilty on all counts in federal civil rights trial

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A federal jury found three ex-Minneapolis officers guilty on all civil rights charges related to the death of George Floyd in May 2020.

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Three former Minneapolis police officers charged with depriving George Floyd of his civil rights on the day of his murder in 2020 were each found guilty on all counts Thursday in federal court.

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All three officers -- J Alexander Kueng, Tou Thao and Thomas Lane -- were charged with denying Floyd his right to medical care, while Kueng and Thao also faced charges for failing to intervene with former officer Derek Chauvin's use of force.

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Following Thursday's verdict, the defendants were instructed to return to court for sentencing after a pre-sentence investigation with the probation office. After it was ordered that bond be continued according to current terms and conditions, the men were then escorted out by a member of the U.S. Marshals Service.

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Judge Paul Magnuson gave the jury, made up of 12 people from nine different Minnesota counties, instructions on Wednesday morning before handing off the case for deliberation. The jury, which was not sequestered, deliberated for about 13 hours before reaching its unanimous decision.

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The three former officers all entered pleas of not guilty in a pre-trial hearing in September 2021. 

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Attorneys for the former officers relied heavily on the notion that prosecutors would need to prove the defendants acted with a bad purpose or motive in order to "willfully" deprive Floyd of his rights -- legal language the jury had to consider.

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The prosecution's case ultimately tried to convey that the defendants knew the law, but decided not to follow it.

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Some prominent figures surrounding the case started releasing statements following the verdict, including Floyd family attorney Ben Crump.

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"George's blood will forever stain them," he said, adding, "Nothing will bring George Floyd back to his loved ones, but with these verdicts, we hope that the ignorance and indifference toward human life shown by these officers will be erased from our nation’s police departments, so no other family has to experience a loss like this."

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Testimony was scheduled to begin on Monday in the federal trial against three former Minneapolis police officers who are accused of violating the civil rights of George Floyd as Derek Chauvin killed him nearly two years ago.

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In addition to the federal civil rights charges, Tou Thao, Thomas Lane and J. Alexander Kueng allegedly failed to provide Floyd with medical care. Thao and Kueng are also each charged with failing to stop Chauvin from kneeling for nearly nine minutes on the neck of Floyd, who was handcuffed and face-down on the pavement when he was pleading for his life by repeating that he could not breathe.

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Jury selection took just one day to complete last week, with the 18 people selected (12 jurors and six alternates) being described as “mostly white”  while two appear to be of Asian descent.

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U.S. District Judge Paul Magnuson has reportedly insisted that the case has nothing to do with race, an assertion he made to a potential Black juror who questioned if he could be impartial “due to my color.”

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“There is absolutely nothing about the subject of religion, race or ethnicity that’s involved in this case,” Magnuson said. Suffice it to say, the potential Black juror was dismissed.

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The three of them also stand charged with aiding and abetting murder and manslaughter in a state criminal trial that has been re-scheduled to begin in June.

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The trial for the three former officers begins a little more than a month after Chauvin officially pleaded guilty to a pair of federal civil rights charges stemming from his murder Floyd and a separate incident in which the former Minneapolis police officer injured a Black teenager.

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Defense rests after ex-officer Lane's testimony in federal trial

Lane, the third of three ex-Minneapolis officers to testify, said he suggested rolling Floyd onto his side when Derek Chauvin had his knee on Floyd's neck.

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Updated: 6:06 PM CST February 21, 2022

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ST PAUL, Minn. —

• Defense rests at conclusion of Lane's testimony

• Thomas Lane takes the stand

• Former coworker testifies to Thomas Lane's "peacefulness"

• Tou Thao, J. Alexander Kueng finish testifying in their defense

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Testimony has wrapped in the federal trial of three former officers charged with depriving George Floyd of his rights.

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Tou Thao, J. Alexander Kueng and Thomas Lane are charged with violating George Floyd's civil rights the day he was murdered after fellow former officer Derek Chauvin held his knee on Floyd's neck for more than nine minutes. Kueng and Thao face an additional charge for not stepping in to stop Chauvin.

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Closing arguments will begin Tuesday, which is expected to take most of the day.

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On Monday, the third defendant - Thomas Lane - testified in his own defense.

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Lane testified that he could not see Floyd's face from his position near Floyd's legs, and that when the paramedic took Floyd's pulse, he assumed the paramedic had found one based on the lack of urgency.

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Lane choked up at times while on the witness stand, especially when testifying about seeing Floyd's face for the first time as they loaded him on the stretcher.

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Lane's attorney Earl Gray asked him what went through his mind at that time.

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Lane said, "He didn't look good."

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The prosecution in cross-examination pointed out that in order to give medical aid like CPR, it would have required removing the officer who had a knee on Floyd's neck.

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The judge will read jury instructions at 9:30 a.m. Tuesday, followed by closing arguments.

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Each defendant's attorney will give his own closing, and the jury can split up the verdict if it chooses as well.

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Thao, Kueng testify in federal trial Wednesday

Former Minneapolis officer J Alexander Kueng took the stand in his own defense, following testimony from fellow ex-officer and co-defendant, Tou Thao.

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Updated: 6:25 PM CST February 16, 2022

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ST PAUL, Minn. —

• Ex-officer J Alexander Kueng on Chauvin: "He was my senior officer and I trusted his advice."

• Tou Thao says he was filling a "support unit" role at the scene

• All three ex-officers will testify in federal trial

• Darnella Frazier briefly leaves witness stand in tears at beginning of Tuesday testimony

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Another former officer facing federal charges related to George Floyd's death took the witness stand in his own defense Wednesday.

J Alexander Kueng, Tou Thao and Thomas Lane are all facing federal charges, alleging the former officers deprived George Floyd of his civil rights on the day of his murder..

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The crux of Kueng's defense is that he didn't intervene and stop Derek Chauvin because Chauvin was his former field training officer, had the most experience and was in charge of the scene.

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Kueng testified that the Minneapolis Police Department's duty to intervene policy was nothing more than a mention during his training. Additionally, he said he had only three shifts as a fully trained officer when he and Thomas Lane encountered George Floyd. 

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He said as he helped restrain Floyd on the ground, he couldn't see the crowd of bystanders but assumed it wasn't safe to provide medical care. He said he came to that conclusion when he saw Chauvin pull out his mace and shake it. He told the court he thought Chauvin saw something he couldn't see. 

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Kueng said after he couldn't find a pulse on Floyd, he assumed Chauvin would then check it on Floyd's neck. 

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Earlier in the day, Thao finished his testimony, relying heavily on the defense that he didn't lay a hand on Floyd and wasn't aware of the extent of his medical state because he was doing crowd control. 

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The prosecution tried to show that Thao watched his fellow officers at times and knew Floyd passed out.

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As Kueng wrapped direct questioning, the judge dismissed court for the day.

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Kueng is expected to pick up with prosecutors on cross-examination Thursday.

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Ex-officer Tou Thao takes the stand as first witness for defense

For the first time, Tou Thao gave his perspective about what happened on the day of George Floyd's murder.

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Updated: 6:11 PM CST February 15, 2022

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ST PAUL, Minn. —

• Tou Thao says he was filling a "support unit" role at the scene

• All three ex-officers will testify in federal trial

• Darnella Frazier briefly leaves witness stand in tears at beginning of testimony

• National use-of-force expert Timothy Longo testifies on officer response

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Former Minneapolis police officer Tou Thao was called to the stand on Tuesday morning as defense teams began laying out their cases in the federal trial of Thao and two others who are charged with depriving George Floyd of his civil rights 

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At the start of Tuesday's proceedings, Thomas Lane confirmed for Judge Paul Magnuson that he will testify in his defense. J. Alexander Kueng and Thao indicated early in the proceedings that they would also testify. 

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Tou Thao testified that he never once touched George Floyd and thought his fellow officers were monitoring Floyd's medical condition.

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Thao's attorney Robert Paule went through Thao's training, which included specific pictures of Thao and other fellow recruits using knee restraints - including knees to the neck.

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Paule focused on the paramilitary nature of training at the Minneapolis Police Department.

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When it came to the events of May 25, 2020, Thao testified that his job was crowd control, calling himself a "human traffic cone." He said he assumed the other officers were monitoring George Floyd's medical condition.

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In fact, Thao said he didn't realize Floyd was in critical condition until after the ambulance took him away. He said he wasn't aware until he heard chatter from firefighters on his radio saying help was needed with CPR just blocks away.

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In cross examination, the prosecutor got Thao to acknowledge that it is unreasonable to use force on person who is no longer resisting, and that officers who see a fellow officer committing a crime have a duty to intervene.

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Thao is scheduled to resumed his testimony on Wednesday morning.

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Prosecution rests after testimony from Darnella Frazier in federal trial of former Minneapolis officers

Darnella Frazier, the teenage bystander who filmed George Floyd's murder, briefly left the witness stand in tears at the start of her testimony.

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Updated: 8:21 PM CST February 14, 2022

 

ST PAUL, Minn. —

• Darnella Frazier briefly leaves witness stand in tears at beginning of testimony

• National use-of-force expert Timothy Longo testifies on officer response

• Prosecution calls FBI special agent who reviewed officers' body-worn camera from the day of George Floyd's murder

• Bystander who recorded video of Floyd's death testified Friday

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Monday, Feb. 14

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The federal government has rested its case Monday in the trial of Thou Tao, Thomas Lane and J. Alexander Kueng - the three former Minneapolis police officers charged with depriving George Floyd of his civil rights.

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The defense will start calling witnesses Tuesday morning, with at least one of the former officers expected to testify.

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Most of Monday was spent on a national use-of-force expert before the prosecution finished with Darnella Frazier - the teen whose video of George Floyd's murder on May 25, 2020 sparked outrage across the country.

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Frazier teared up as the first question was asked and said, "I can't do this. I'm sorry. It's too much pressure," prompting the judge to take a break. A few minutes later, Frazier was able to continue.

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Earlier in the day, national use-of-force expert Timothy Longo testified, saying Derek Chauvin's use of force was unreasonable, and the other officers' conduct was "inconsistent" with generally accepted police practices. 

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Longo said the officers should have taken an "action" to intervene and stop Chauvin when he held his knee to George Floyd's neck.

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In cross-examination, the defense attorneys were aggressive in their questioning at times, such as when Earl Gray raised his voice to ask, "What do you expect, that my client, a four-day veteran, walk over where this crowd is and pick up Chauvin and throw him off? Is that your expectation, sir?"

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Longer responded, "I think someone should have done something."

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Gray also pointed out that his client, Thomas Lane, suggested multiple times to roll Floyd over.

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Kueng's attorney Tom Plunkett turned the blame to MPD training, and showed the jury a disturbing video of people killing police officers. He said it's a training video and the last thing recruits see before becoming officers, which instills an "us versus them" mentality.

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With the prosecution resting, the defense can start calling witnesses Tuesday.

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After three weeks of testimony, prosecution to rest Monday in federal trial for ex-officers

Updated: 7:38 PM CST February 11, 2022

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The prosecution called the POST Board chair, a bystander who witnessed Floyd's death and an FBI special agent who reviewed video from the case to testify Friday.

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ST PAUL, Minn. —

• Prosecution calls FBI special agent who reviewed officers' body-worn camera from the day of George Floyd's murder

• Bystander who recorded video of Floyd's death testified Friday

• Mendota Heights Police Chief Kelly McCarthy called to talk about POST Board standards and requirements

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The third full week of testimony in the federal trial for three ex-Minneapolis police officers wrapped up Friday after prosecutors called three new witnesses to the stand. Tou Thao, J. Alexander Kueng and Thomas Lane are all on trial for violating George Floyd’s civil rights on the day of his death, May 25, 2020. Thao and Kueng face an additional charge for failing to step in to stop Chauvin on that night. According to KARE 11 reporter Lou Raguse, who was inside the courtroom Friday, the prosecution will rest its case on Monday.

 

The first witness to testify was Mendota Heights Police Chief Kelly McCarthy, who is the chair of the Peace Officer Standards and Training (POST) Board, the regulatory agency for licensing police officers in Minnesota. Chief McCarthy reviewed the standards and training requirements officers need in order to become licensed in the state, including completing a Professional Peace Officer Education (PPOE) Program. She confirmed that "duty to intervene" was one of the core learning objectives in Lane and Kueng’s in PPOE programs and testified that Tou Thao and Derek Chauvin met in-service requirements, or continued education requirements, for each year they were licensed.

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The second witness was Alyssa Funari, a bystander who saw George Floyd’s murder. Funari recorded videos from the scene of that show Derek Chauvin holding his knee on Floyd’s neck. During cross examination, Tou Thao's attorney Robert Paule pointed out that Thao had his back to Floyd and was dealing with a crowd of bystanders. When asked by Paule if it was fair to say that Thao wasn't always aware of what was happening behind him, Funari disagreed and said he could hear it.

 

The third and final witness was FBI Special Agent Matthew Vogel, who, as part of the investigation, reviewed video from the case and created a timeline based on body-worn camera video and transcripts. Prosecutor LeAnn Bell played multiple clips from the officers' body camera videos, and at one point the defense objected to the repetitive nature of the evidence.

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'We all wear the same badge': MPD lieutenant testifies officers had a 'duty to intervene' at federal trial

Forensic scientist McKenzie Anderson finished her testimony Thursday and was followed by MPD Lt. Richard Zimmerman, who encountered the former officers at the scene.

 

ST PAUL, Minn. —

• MPD Lt. Richard Zimmerman on "duty to intervene"

• BCA forensic scientist who processed scene takes stand

• Doctor of emergency medicine and toxicology testifies 

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Much of the testimony this week at the federal trial for three former Minneapolis police officers has focused on what the defendants could have done to save George Floyd's life on the night he was murdered by fellow officer Derek Chauvin.

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On Thursday, testimony opened with defense attorney Earl Gray, representing Thomas Lane, cross-examining forensic scientist McKenzie Anderson with the Minnesota Bureau of Criminal Apprehension (BCA). 

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KARE 11's Lou Raguse, who has been at the federal courthouse monitoring the trial since it began, says there was an interesting "hot mic" moment before testimony got underway. He reports that Prosecutor LeeAnn Bell asked Gray how long he anticipated questioning Anderson. When Gray responded by saying half an hour, Bell looked shocked and said "a half hour?" 

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"Well YEAH," Gray retorted. During the trial the defense has objected repeatedly to questions they say the prosecution team has already asked, and to repeated playing of the same video clips. Judge Paul Magnuson has generally upheld those objections, and has urged prosecutors to keep the pace of the trial brisk.

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 As questioning did get underway, the courtroom saw the conclusion of Anderson's testimony, and was introduced to the prosecution's next witness, MPD Lt. Richard Zimmerman.

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Zimmerman -- who leads the homicide unit -- has more years of experience than anyone else at MPD. He also has a lot of experience testifying in trials over his decades of experience.

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When Derek Chavuin was on trial for murder, jurors said Zimmerman's damning testimony played a role leading to the conviction. 

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Today in the federal trial for Tou Thao, J Alexander Kueng and Thomas Lane -- ZImmerman gave confident testimony that MPD has a policy that says they have a duty to intervene if a fellow officer uses unreasonable force -- even by getting physical.

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"By that I mean you have to take an action to push the officer off if that's that case, but you have to take an action," Zimmerman said.

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In cross examination, defense attorney Tom Plunkett pointed out several inconsistencies from Lt. Zimmerman's interview with the FBI and BCA after the incident.

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"You didn't even know there was an intervention policy when you were interviewed did you?" Plunkett asked.

Zimmerman replied, "Yes that's true."

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Zimmerman also told investigators that Officers Kueng and Lane lied to him. Plunkett played back the conversation recorded on body camera video to show that wasn't true.

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The prosecution has a few more witnesses to go, but say there is a slight chance the team will finish tomorrow. Next week, we expect at least one of the officers to take the stand.

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Court will resume at 9:30 a.m. Friday.

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BCA forensic scientist, emergency medicine expert testify in former MPD officers' federal trial

Based on George Floyd's autopsy report, Dr. Vik Bebarta said it was his opinion that Floyd died from asphyxiation due to a compressed or blocked airway.

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Emergency medicine expert, BCA forensic scientist testify in former MPD officers' federal trial

Based on George Floyd's autopsy report, Dr. Vik Bebarta said it was his opinion that Floyd died from asphyxiation due to a compressed or blocked airway.

 

ST PAUL, Minn. —

• BCA forensic scientist who processed scene takes stand

• Doctor of emergency medicine and toxicology testifies 

• Doctor testifies that George Floyd's chances of survival would have been "near 100%" if officers sat him up earlier

 

On Wednesday, witnesses testified about the officers' actions, and what they could have done to save Floyd's life. 

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Another nationally renowned medical expert spent the day testifying for the prosecution, saying that George Floyd did not die from a drug overdose or excited delirium. Dr. Vik Bebarta testified that Floyd died from a lack of oxygen to his brain.

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"He was suffocated. His airway was closed and he could not breathe," he said.

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Bebarta is an emergency room doctor and toxicologist from Colorado. He testified that George Floyd had a tolerance to drugs – and did not have high amounts in his system the day he died. He went on to describe the syndrome known as "excited delirium," how to treat it and how he believed that Floyd was not suffering from the condition at the time of his death.

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In cross examination, Thao's attorney Robert Paule asked a lot of questions about excited delirium, trying to re-plant the idea that the officers thought that's what Floyd was exhibiting. Bebarta continually stated that it was his opinion that Floyd had not displayed any symptoms of the condition, and that he died from asphyxiation.

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Following Bebarta's testimony, the prosecution called McKenzie Anderson to the stand, a forensic scientist with the Bureau of Criminal Apprehension. She detailed what she observed when she arrived to the crime scene, and what evidence was gathered and collected.

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Anderson is scheduled to resume her testimony Thursday at 9:30 a.m.

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MPD medical support coordinator testifies Tuesday in trial of ex-officers

Officer Nicole Mackenzie testified that officers are taught to start CPR "immediately" if they can't find a pulse, and zeroed in on the officers' training

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ST PAUL, Minn. —

• MPD's medical support coordinator continues testimony Tuesday

• Trial resumes Monday after multi-day delay for positive COVID-19 test

• Doctor testifies that George Floyd's chances of survival would have been "near 100%" if officers sat him up earlier

 

The federal trial for former Minneapolis police officers Tou Thao, J. Alexander Kueng and Thomas Lane resumed Tuesday morning with testimony from the department's medical support coordinator.

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The three ex-officers are all charged with depriving George Floyd of his civil rights on May 25, 2020, the night he was murdered by then-fellow officer Derek Chauvin. Prosecutors say all three should have intervened as Floyd's life slipped away, but none did. 

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Officer Nicole Mackenzie testified that their actions were inconsistent with MPD policy, which she also testified to in Derek Chauvin's murder trial last year. This time, she spent much longer on the witness stand, centering much more of her testimony on training.

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At one point, the prosecutor asked if checking a pulse is considered giving medical aid. Mackenzie told the court that checking a pulse is an assessment. And when asked what officers are trained to do if they don't find a pulse, Mackenzie told them officers are trained to begin CPR. She told them, "suggesting rendering aid and rendering aid are two very different things," when asked why the officers' response to Floyd was not enough.

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"Merely offering a suggestion will not pump blood throughout your system."  

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In cross-examination, defense attorneys presented training videos, show officers putting a knee to the neck like Chauvin did with Floyd.

Further, the videos did not show them rolling the suspect to the side recovery position. 

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Defense attorney Earl Gray was extremely sarcastic and dismissive in cross, pointing out two officers were in their first week on the job.

 

Court is scheduled to resume at 9:30 a.m. Wednesday.

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Pulmonologist: Floyd's detainment was a 'survivable event' if officers had responded

Dr. Systrom testified George Floyd's chance of surviving would have "doubled or tripled" if officers on scene would have performed CPR earlier in the encounter.

 

ST PAUL, Minn. —

• Trial resumes after multi-day delay for positive COVID-19 test

• Prosecution calls Dr. David Systrom to testify about Floyd's death

• Dept. of Corrections safety trainer doubles down on safety techniques taught to officers

• Hennepin County Medical Examiner testified about George Floyd's cause of death

 

Court resumed on Monday morning in the federal trial of three former Minneapolis police officers following a multi-day delay after one of the defendants tested positive for COVID-19 on Feb. 2.

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The judge didn't say which defendant tested positive, but Thomas Lane was noted as absent from the St. Paul courtroom Wednesday when Judge Paul Magnuson made his ruling.

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Harvard pulmonologist Dr. David Systrom testified that George Floyd died from asphyxia — caused by Derek Chauvin's knee to his neck and from restricted breathing from being held in the prone position on his stomach while on hard asphalt.

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The expert opinion given by Systrom matched that given by Dr. Martin Tobin during Derek Chauvin's murder trial last year.

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However, in this trial, the other three officers aren't charged with murder. They are charged with depriving Floyd of his rights by failing to give medical aid and failing to intervene and stop Chauvin.

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Dr. Systrom testified that it would have made a difference if the defendants did something. "This was an imminently reversible respiratory event right up to the moment he lost consciousness," he said.

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A member of the prosecution asked Systrom, "What, in your opinion, was Mr. Floyd's chance of survival if he had been repositioned before losing consciousness?"

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To which Dr. Systrom replied, "close to 100%."

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When asked what Floyd's chances of survival would have been had he received CPR immediately after suffering his cardiac arrest, Systrom said, "they would have been doubled or tripled."

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J. Alexander Kueng, Thou Tao and Thomas Lane are charged with violating George Floyd's civil rights on the day he was murdered in May 2020. Kueng and Tao face an additional charge for not stepping in to help Floyd while fellow officer Derek Chauvin knelt on his neck for more than nine minutes. Chauvin was convicted of murder and manslaughter in a state trial last year.

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Federal trial for ex-MPD officers postponed after positive COVID test

The court will be in recess until next Monday after Judge Paul Magnuson revealed one of the defendants in the case tested positive for COVID-19.

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ST PAUL, Minn —

• Trial postponed over positive COVID-19 test

• Dept. of Corrections safety trainer doubles down on safety techniques taught to officers

• Hennepin County Medical Examiner testifies about George Floyd's cause of death

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The trial for former Minneapolis police officers Tou Thao, J. Alexander Kueng and Thomas Lane has been postponed after one of the defendants tested positive for COVID-19.

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Attorneys gathered in the courtroom Wednesday morning before Judge Paul Magnuson adjourned the trial until Monday.

 

According to the pool reporter inside the courtroom, Kueng and Thao appeared this morning but Thomas Lane was not, suggesting he is the defendant who is infected with the virus.

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A news release from the U.S. District Court says the defendant who tested positive for COVID will be retested prior to the trial resuming. All other trial  participants who have been in close proximity to the COVID-positive individual, including their legal team, will be also need to be tested before the trial resumes.

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Court officials went on to explain that all trial participants are required to answer a series of questions related to COVID-19 and it's symptoms each morning before the session begins. Someone who has tested positive, or been in close proximity with someone who has (within six feet for at least 15 minutes) is given a COVID-19 test immediately.

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Day 7: Hennepin Co. Medical Examiner, Dept. of Corrections safety trainer testify in federal trial

Dr. Andrew Baker returned to the stand Tuesday, followed by Chris Douglas, a man who trained Thomas Lane on safety techniques as a correctional officer.

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• Dept. of Corrections safety trainer doubles down on safety techniques taught to officers

• Hennepin County Medical Examiner testifies about George Floyd's cause of death

• Minneapolis Police Inspector defends MPD's training under cross examination

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Tuesday marked day seven of the federal trial for three former Minneapolis police officers charged with violating George Floyd's civil rights on May 25, 2020, as he died under the knee of fellow officer Derek Chauvin. 

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Dr. Andrew Baker returned to the stand Tuesday morning, facing lengthy cross-examination about harassment and threats he received while performing the autopsy on Floyd.

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He testified that before this case, he had only received one threat regarding his work as Hennepin County's chief medical examiner, but after Floyd was killed, he said the threats went up exponentially.

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"I'm sure it was hundreds, if not more. There were days the phone was ringing off the hook, around the clock," he said.

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Baker said much of the threats were directed at him and his staff because of a line in the initial criminal complaint against Chauvin: "The autopsy revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation." It did not matter that the charging document also said the restraint likely contributed to Floyd's death. 

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Baker said he faced a public onslaught after Robert Paule, attorney for former MPD officer Tou Thao, went through that line of questioning in an attempt to highlight for the jury the public pressures officials like Baker faced. But when asked whether the threats or pressure caused Baker to change or alter his findings, Baker answered, "No they did not." 

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In addition to the testimony regarding threats, Paule was able to draw out other details from Baker that were not as prominent during Chauvin's murder trial, such as a national colleague who called Baker and insisted "neck compression" be included in his report. 

Court ended early Tuesday because a witness was sick and could not appear. It reportedly was not COVID, but the judge has been worried about an outbreak derailing the case. 

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Testimony resumes at 9:30 Wednesday morning.

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Day 6: MPD inspector wraps 3-day testimony; Hennepin Co. medical examiner takes stand

Inspector Katie Blackwell ended her three-day testimony about use-of-force training, and was followed by Hennepin County Medical Examiner Dr. Andrew Baker.

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ST PAUL, Minn. —

• Hennepin County Medical Examiner testifies about George Floyd's cause of death

• Minneapolis Police Inspector defends MPD's training under cross examination.

• Inspector Katie Blackwell returns to stand to elaborate on 'Duty to Intervene'

 

Monday, Jan. 31

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The second week of testimony in the federal civil rights trial of three former Minneapolis police officers got underway Monday with more testimony from inspector Katie Blackwell, the commander in charge of training those officers 

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As trial continued to unfold, it became apparent that Blackwell has become an important witness for both sides. The ex-officers — Tou Thao, J Alexander Kueng and Thomas Lane — are charged with depriving George Floyd of his civil rights at the time of his death in 2020.

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As defense attorneys took turns cross examining Blackwell, they showed the jury exhibits — videos and photos — from training materials that showed officers detaining suspects similar to Derek Chauvin and the others who held down George Floyd.

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When the prosecution got its turn again, Blackwell reiterated that the officers had a "duty to intervene," by policy, to jump in and stop Chauvin from using unreasonable force. 

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"You have to do something physically or verbally to jump in there and stop the person," Blackwell said.

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Thomas Lane's attorney, Earl Gray, pointed out that Lane asked Chauvin three times, 'Should we roll him over?' Referring to the side-recovery position in which officers are trained. And in the ambulance, Lane performed CPR.

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Blackwell insisted, "He still had a duty to intervene."

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Gray then criticized Blackwell's approval of Chauvin as a field training officer. By written definition at MPD, an FTO is a "role model." 

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Blackwell went on to say she "didn't see any red flags" when viewing Chauvin's internal affairs report prior to making him an FTO.

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As the day drew to a close, the prosecution called its next witness, Hennepin County Medical Examiner, Dr. Andrew Baker, who will resume his testimony Tuesday morning.

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Court is scheduled to resume at 9:30. 

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Day 5: MPD training expert testifies about use-of-force, 'duty to intervene' policies

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Inspector Katie Blackwell told jurors Thursday, "We have an obligation" to stop or attempt to stop another officer when force is being inappropriately applied.

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ST PAUL, Minn. —

• MPD training expert returns to stand to elaborate on 'Duty to Intervene'

• ER doctor who treated Floyd testifies on 'excited delirium'

 

An expert on training and policy was back on the stand first thing on Friday in the federal trial of three former Minneapolis police officers, as prosecutors went deeper into the training the defendants received. 

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It became evident Friday that the defense attorneys are attempting to flip the script on prosecutors with the commander in charge of training on the witness stand — blaming culture and a lack of training at the Minneapolis Police Department.

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A dramatic audio clip included with Minneapolis police training materials was played by Kueng's attorney Thomas Plunkett, which he said demonstrated an "us versus them" attitude instilled in officers through training.

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Inspector Katie Blackwell defended MPD's training under cross examination. She oversaw the program for MPD and assigned Chauvin as a field training officer. Chauvin then was the FTO for Kueng.

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Plunkett also made sure the jury is aware the U.S. Department of Justice launched an investigation into the Minneapolis Police Department and the training that Blackwell led.

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Earlier, Blackwell testified that Kueng, Thao and Lane all violated MPD's "Duty to Intervene" policy by failing to stop Chauvin from using excessive force. Plunkett went on to ask Blackwell in cross if she was aware many officers aren't even aware MPD had such a policy. She said that would come as a surprise to her.

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Plunkett hammered away at the fact Lane suggested to roll Floyd over three times, but Chauvin said "no."

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"He was denied by a 19-year veteran who, three shifts earlier, was Kueng's FTO?" 

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"Correct," Blackwell answered.

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One thing to note, however, is that breaking MPD policy does not mean the officers are guilty of breaking federal law, but it is important testimony for the prosecution because the charges use phrases such as "failed to intervene."

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The trial is scheduled to resume Monday at 9:30 a.m.

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Day 4: Former MPD training commander, physician who treated Floyd testify in ex-officers' trial

 

Witness testimony in the federal trial for three ex-MPD police officers charged with violating George Floyd's civil rights continued for a fourth day.

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ST PAUL, Minn. —

• Doctor who treated Floyd at hospital testifies about cause of death

• MPD inspector previously in charge of training testifies

• First responders testify about the timeline of rendering aid to Floyd

• Judge denies motion for mistrial by the defense

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Prosecutors in the federal trial for three former Minneapolis police officers charged with violating George Floyd's rights the day of his murder continued to call witnesses Thursday morning.

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Dr. Bradford Langenfeld, the ER physician who pronounced Floyd dead, took the witness stand, giving essentially the same testimony he gave in Chauvin's murder trial. Langenfeld testified that he believed Floyd died from a lack of oxygen, possibly from mechanical asphyxiation. He added that every minute that passed without CPR being performed, generally lessened the chance of survival 10-15%. 

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Inspector Katie Blackwell, another repeat witness, spent the majority of the day on the witness stand testifying about the training MPD officers receive, and how those policies are taught — including the duty to intervene. Blackwell read the policy to the jury, saying it's the duty of every officer to "either stop or attempt to stop another sworn employee when force is being inappropriately applied or no longer required."

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Before the prosecution could launch into its next line of questioning, Judge Magnuson ended testimony early, saying a juror had to tend to a personal matter.

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Testimony is expected to resume just after 9:30 Friday.

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Day 3: First responders recall examining George Floyd after encounter with officers: 'I think he's dead'

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Prosecutors called first responders to the stand Wednesday, focusing on what they say was the officers' lack of intervention to save George Floyd's life.

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ST PAUL, Minn. —

• Judge denies defense's call for mistrial

• First responders testify about the timeline of rendering aid to Floyd

• Judge Paul Magnuson rules Floyd's girlfriend Courteney Ross will not testify

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Wednesday, June 26

Wednesday marked the third day of testimony in the federal trial of former Minneapolis police officers — Thou Thao, J Alexander Kueng and Thomas Lane — who are accused of violating George Floyd's civil rights at the time of his death in 2020.

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Prosecutors focused heavily on what they say was the officers' lack of intervention to save George Floyd's life. Jurors heard from several first responders, giving them a closer look at those crucial few minutes and the medical response as first responders tried to treat him. 

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The court heard from an EMT and a fire captain, who both attempted live-saving efforts, but said Floyd was likely already dead when they arrived. Genevieve Hansen — an off-duty firefighter who says former officer Tou Thao prevented her from helping Floyd  — also took the stand.

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Hansen could be seen in body camera and witness video, identifying herself as an off-duty Minneapolis firefighter, and begging to help George Floyd. She told jurors she was immediately concerned when she happened upon the scene and saw Floyd unconscious.

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"It was just alarming the amount of people on top of one man, not moving, and handcuffed," she said

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Hansen testified she would have checked for a pulse and started chest compressions if the officers would have allowed it.

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In cross examination of the witnesses, the defense for Tou Thao keyed in on the possibility that Floyd was suffering from excited delirium — a controversial diagnosis not recognized by the American Medical Association — and on the danger presented by the crowd.

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Thomas Lane's attorney played video of Lane doing chest compressions on George Floyd in the ambulance. He asked Smith if Lane was helpful, to which Smith said "yes."

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Court is scheduled to resume Thursday at 9:30 a.m.

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4 p.m.

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After the jury was dismissed for the day, the defense team called for a mistrial over questions from the state that they say go against pre-trial rules. 

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Judge Magnuson denied the request, but warned of continuing to use "leading" questions.

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Court is scheduled to resume Thursday at 9:30 a.m.