Presiding judge in Floyd case to take up key motions on evidence, charges

Rebecca Omastiak
Updated: October 15, 2020 02:44 PM
Created: October 14, 2020 11:56 AM

Judge Peter Cahill, who is presiding over the case involving four former Minneapolis police officers charged in George Floyd's death, could consider several motions in the case Thursday, including what will be allowed as evidence, whether the trial will be moved, and motions to dismiss charges.

Former officer Derek Chauvin is charged with second-degree murder, third-degree murder and manslaughter. Former officers Thomas Lane, J Alexander Kueng and Tou Thao are charged with aiding and abetting both second-degree murder and manslaughter.

Attorney Robert Paul filed the motion to dismiss charges on behalf of Thao in July, calling for the dismissal of his charges “on the ground that they are not supported by probable cause.”

Also in July, attorney Earl Gray filed the motion to dismiss charges on behalf of Lane, calling for the dismissal of “the charges in the complaint for lack of probable cause based on the entire record.”

In August, attorney Thomas Plunkett filed the motion to dismiss charges on behalf of Kueng, requesting the judge dismiss “the charges against him because there is not probable cause to support the charges of aiding and abetting second degree murder and aiding and abetting second degree manslaughter.”

Also in August, attorney Eric J. Nelson filed the motion to dismiss charges on behalf of Chauvin, requesting the judge dismiss his second-degree murder, third-degree murder and manslaughter charges all “on the grounds that the State has not pleaded sufficient probable cause to sustain the charge(s).”

The former officers will not be in court Thursday; rather, their attorneys will be present.

Additionally, the judge could decide if all four former officers will be tried together or separately.

Currently, a March 2021 trial is scheduled, and the defense has voiced wanting the trial venue to be outside of Hennepin County.

Meanwhile, prosecutors in the case against the four former Minneapolis officers are asking the judge to temporarily restrict public access to future court filings.

They argued a two-day delay would give the opposing side a chance to ask that information be sealed, and would avoid tainting a jury.

Prosecutors in Floyd case ask for 2-day sealing of documents

The Associated Press contributed to this report.

Stay with 5 EYEWITNESS NEWS and for updates on this developing news.

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