Prosecutors rest case in ex-officers’ federal trial regarding Floyd’s death

At the end of the day, the jury was informed that prosecutors and the defense reached a stipulation agreement. Judge Magnuson explained that some evidence introduced towards the beginning of testimony does not apply to Thao. 

Each of the three defense teams also motioned for acquittal.

Thao’s attorney Robert Paule argued that his client stepped up the EMS call, directed firefighters to the location of the ambulance and suggested the use of a hobble, which would’ve resulted in a side-recovery position.

He also argued “My client was in a position different from the other officers, he was not involved in the restrain of Mr. Floyd in any way, he did not put a finger on Mr. Floyd. ”

Assistant U.S. Attorney LeeAnn Bell rebutted his arguments. She told Judge Magnuson that stepping up EMS is not providing medical care, that a hobble is a restraint device and not a medical device, and said “[…] they ignored policy and did not roll him on his side while he was unconscious” 

Bell also reiterated that Thao was looking at the other ex-officers as they restrained Floyd for several minutes, “Mr. Thao was standing there and didn’t do anything.”

Kueng’s attorney Thomas Plunkett argued his client did not intend to deprive Floyd of his rights. He noted Kueng was new to the force and worked with his partner, Lane. Plunkett made the case that Kueng didn’t ask the same questions as Lane because the other officer had already voiced the concerns. 

He also argued Kueng moved his knee down from Floyd’s back to upper leg, “that shows a conscious regard for Mr. Floyd’s wellbeing” and that Kueng was not in a good position to view all of what was happening at the scene. In addition, Plunkett reiterated his case that Kueng told Chauvin, who was closer to Floyd’s head, that there was no pulse. 

Bell rebutted by saying “Each of these defendants have an independent constitutional duty to act […] You don’t get to check out of your duty because there are other people there […].” 

She argued Kueng knew that he was supposed to roll an unconscious detainee to their side. In addition, she said Kueng was in close proximity to Floyd and in a position to know he needed care.

“The fact of the matter is , you don’t find a pulse, you do CPR,” said Bell. “Minutes and seconds count with respect to CPR.”

Lane’s attorney Earl Gray told Judge Magnuson, “We first believe that [Lane] did provide medical need to Mr. Floyd, he’s the one that did the chest compressions in the ambulance, no one told him to do that, he offered to go in there,” and worked alongside the paramedic.

Gray also argued it wasn’t Lane’s fault that Floyd did not live and said, “Was he successful? No, but a doctor isn’t successful every time either.”

Bell responded that Lane disregarded his obligation to act. She said “Lane absolutely knew that Mr. Floyd was in serious medical need, he understood that he was going unconscious” and needed to be rolled over .

Bell argued, “Each of these officers knew they had an obligation to provide medical care in these circumstances and each of them failed to do so […]”

Judge Magnuson denied the motions for acquittal.

Tou Thao and J. Alexander Kueng will testify as defense attorneys present three different cases to the jury. The former Minneapolis Police officers confirmed their intent to take the stand on Monday afternoon. 

When Judge Paul Magnuson asked Thomas Lane whether he will testify on his own behalf, attorney Earl Gray told the judge they will take overnight to discuss it. Gray perviously told the jury during opening statements that Lane would take the stand. 

The U.S. Attorney’s team rested its case Monday after calling two final witnesses. 

The prosecution first called University of Virginia Police Chief Timothy Longo to the stand. 

 As court resumed after the lunch break, Tou Thao’s attorney Robert Paule began his cross examination of Longo. 

After confirming various aspects of his background, Paule focused on Longo’s role as a member of a team of court monitors. 

The UVA chief testified that in cases with which he’s been a monitor, both the city involved in each case and the Department of Justice have to agree on the monitor, which is then approved by a judge.

Longo confirm he is paid in the at role. He told jurors he is not being paid by the prosecution in the federal civil rights trial of the three former Minneapolis Police officers. 

Paule, however, suggested Longo might have a conflict of interest. He asked Longo whether participating in this case would encourage the Department of Justice to use him as a paid monitor for future cases. Longo responded, “absolutely not.”

The UVA Police Chief confirmed he became involved in this case shortly after May 25, 2020. He said he reached out to the Hennepin County Attorney’s office to offer assistance. 

Paule argued none of the other officers on scene nor the paramedic who responded started CPR. He asked Longo whether it was therefore logical for Thao to assume they were still detecting a pulse. The witness responded, “I don’t know if it’s a logical assumption if you have reason to believe there is no pulse […]”

Longo confirmed his testimony that Floyd posed “no threat while he was on the ground handcuffed”. Paule juxtaposed that testimony to statements Longo made during the case against Baltimore Police officers charged in Freddie Gray’s death.

Longo served as an expert witness on behalf of Baltimore Police Officer. He confirmed he testified “Mr. Gray could’ve posted a threat” to an officer while handcuffed with his legs tied together.

Later during re-direct, Longo explained when considering the ex-MPD officers’ involvement death of George Floyd compared to the situation in Baltimore, “they’re two separate sets of facts, the facts matter […].”

Thomas Lane’s attorney Earl Gray was the second to cross examine Longo. He argued the former Minneapolis Police officers struggled to handcuff Floyd, while also pointing out Lane offered to help Floyd by rolling down the windows of the squad. 

Gray asked, “You do agree that a person handcuffed if he can get to you can bite you? … and a person handcuffed, if his legs are free, he could kick you?” 

Longo confirmed both. 

During re-direct by the prosecution, however, he agreed that an unconscious person cannot bite someone.

The defense attorney once argued Chauvin prevented Lane from rolling Floyd over. He pointed out Lane suggested they roll Floyd over and helped with compressions. 

During a heated exchange, Gray asked whether Longo expected Lane to “… get up, walk over where this crowd is at, pick Mr. Chauvin up, throw him off of Mr. Floyd, and intervene that way ..?”

Longo responded, “..I think someone should have done something, yes ..” He told jurors the ex-officers could’ve put Floyd in a side recovery position and said “intervention is an action word.”

The prosecution called Darnella Frazier as its second witness of the afternoon. She was a 16-year-old high school student on May 25, 2020 and captured the viral cell phone video of George Floyd’s murder.

Almost immediately upon taking the stand, Frazier broke down in tears. Judge Magnuson announced a break, later telling the attorneys “testifying is an emotional thing, it’s tough”. 

Her testimony continued after the brief break.

Frazier told the jury she accompanied her younger cousin to Cup Foods and saw “two officers and a man on the ground, saying ‘I can’t breathe’ and he just looked defeated on the ground.”

She testified that she sent her cousin into the Cup Foods because “I didn’t want her to see it”. Frazier remained outside and began filming the encounter.

“Officer Chauvin’s knee was on George Floyd’s neck, it looked like he was kneeling, he was kneeling down,” she said. 

At this point, Frazier told the jury Floyd was still awake and talking.

Thao “was kind of just protecting the area, patrolling the area”, according to Frazier. 

When Assistant U.S. Attorney LeeAnn Bell asked Frazier whether she observed anything that needed protection or patrolling in the area, the witness responded, “No, other than George Floyd […] I would say he was the only one who needed protection.”

Frazier testified that she did not see Floyd resist the former officers, “only thing I saw him do was trying to find comfort in his situation, which was probably trying to breathe, get more oxygen.”

She confirmed that Chauvin did not move from his position when the ambulance arrived.

Throughout the duration of the restraint, Frazier told the jury she watched Floyd become unresponsive and she believed he needed medical attention.

Lane’s attorney Earl Gray was the only defense counsel to cross examine Frazier. In response to his questions, she confirmed an ambulance responded other scene but she couldn’t remember whether the ambulance left the vicinity. 

The jury was excused a bit early Monday after the prosecution rested its case but Judge Paul Magnuson reminded them they’ve only heard the prosecution’s case thus far, not the defense’s. The defense will start presenting its case Tuesday morning.

5 EYEWITNESS NEWS Reporter Callan Gray is providing live updates of Monday’s proceedings below.

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After nearly three weeks of testimony, federal prosecutors are expected to rest their case against three former Minneapolis police officers who are charged with violating George Floyd’s civil rights.

Prosecutors said Friday that they plan to rest their case against J. Alexander Kueng, Thomas Lane and Tou Thao on Monday.

RELATED: 3 more testify in federal trial of 3 ex-officers as prosecution’s case nears end

All three are accused of depriving Floyd of medical care when Officer Dereck Chauvin pressed his knee into Floyd’s neck.

Thao and Kueng are also charged with failing to stop Chauvin.

Once the prosecution rests, the defense attorneys will start presenting their witnesses.

The attorney for Lane has said his client will testify. Attorneys for Thao and Kueng haven’t said if they would take the stand.

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Stay with 5 EYEWITNESS NEWS and KSTP.com for trial updates throughout the day.