Pretrial hearings today for the four officers...and big news...
Hennepin County Attorney Mike Freeman and 3 county attorneys were just disqualified from participating in the George Floyd trial as part of the prosecution. This was done in response to a motion from defense attorneys and is the result of a meeting with the ME, etc. He may now be called as a witness in the case.
We'll see how this all plays out but I view this as a huge blow to the prosecution since Freeman is probably the most skilled on that team.
Attorneys are also rguing for separate trials and potentially change of venue.
I'll get a link when I can.
Follow on to previous (from several sources)...
1. Disqualifying Hennepin County Attorneys
Judge Cahill asked prosecutor Matthew Frank (presenting arguments today) if he "plans on having principal prosecutors from Hennepin County Attorney's Office at the table with them at trial."
"I haven't decided yet," Frank said
"Well i have. They're disqualified."
Judge Cahill removed Hennepin County attorney Freeman and 3 others from the case; they cannot participate as lawyers. It's possible other Hennepin Co. attorneys other than these 4 could assist.
2. Floyd's Criminal History
When the defense proposed presenting evidence related to Floyd's prior criminal history in TX and a prior traffic stop. Judge Cahill asked how it was relevant since the officers didn't know about the prior cases when they encountered Floyd.
One of the defense attorneys argued that it is relevant because Floyd ingested drugs in a prior 2019 traffic stop (I hadn't heard this before). They argued he did the same when Lane and Kueng approached and that it's relevant because they will argue drug overdose as cause of death.
Judge Cahill ruled out using both for now but left the door open for admitting the history of the 2019 traffic stop during trial. To me, this seems very relevant, especially if the defense is presenting overdose as a cause of death.
3. Autopsy
There were actually 3 autopsies/reviews; I was only aware of two; there was the official Hennepin Co ME, the private autopsy by Floyd's family, and an Armed Forces ME review, which I was not aware of but agreed with the official ME
Defense wants the results from the private report. Prosecutors stated they do have the full report. Judge says they cannot call as expert witness unless they share.
In re: to Armed Forces review, prosecutors argued he can't force them to turn over the report. Same thing as previous, then expert will not be allowed to testify.
I found this exchange interesting because, first, I didn't know there was another review, apparently ordered by the state. Second, the prosecution seems very opposed to sharing these additional results.
4. Elevated Charges
Prosecution is arguing for an upward departure, ie. stiffer sentencing. They argued Floyd was vulnerable stating the following: He was handcuffed, treated with particular cruelty, the officers abused their position of authority, the crime was committed by a group of 3 or more, and it was in the presence of multiple children
Judge Cahill doesn't the vulnerability argument fits; It's meant for people who have disabilities, etc. He said the prosecution is just conflating different factors to get an aggravated sentence.
Judge Cahill will have decisions by Oct 15.
Judge considers decisions on combined trial, venue, dismissal in George Floyd case
This is the way my city burns
