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Tag: Derek Chauvin
State Court Imposes Three-Year Sentence on Thomas Lane for Aiding and Abetting Manslaughter in Killing of George Floyd
On September 21, 2022, Hennepin County District Court Judge Peter Cahill sentenced former Minneapolis police officer Thomas Lane to three years imprisonment based upon his May 18, 2022, guilty plea to aiding and abetting manslaughter of George Floyd.[1]
That guilty plea agreement included the prosecution's agreeing to a three-year sentence, dropping the more serious count of aiding and abetting second-degree unintentional murder and agreeing to Lane's service of the state sentence in the federal penitentiary where Lane was already imprisoned for his federal conviction after trial for depriving Mr. Floyd of his civil rights.
Before Judge Cahill imposed the sentence, Minnesota Assistant Attorney General Matt Frank stated that the three-year sentence was below the state sentencing guidelines of 41 to 57 months because Lane played a "somewhat less culpable role" in Floyd's death than Derek Chauvin by twice suggesting to Chauvin, who was the officer in charge, that Floyd should be turned over on his side.
Also before imposition of the sentence, attorney Frank read a statement from the Floyd family that said, "Talk about move on? Wow. Really? Me and my family would love to move on, but there's just not a lot of accountability. We will always show up for George Floyd, but never move on."
In remarks about the sentence, Judge Cahill said that Lane would have to register as a predatory offender "if required by law." This prompted a subsequent response by Lane: "I gotta register as a predatory offender?" when his role was "minimal" when compared with Chauvin's. "What the [explicative] is that? That's what Chauvin has to do. If I have a minimal role, why the [explicative] do I have to do that?" [After the hearing, legal experts told journalists that this was standard language in Minnesota criminal cases, but that neither Lane nor Chauvin would be required to do so.]
Judge Cahill also stated, "I think it was a very wise decision for [Lane] to accept responsibility and move on with your life."
[1] Ex-cop Lane gets 3 years for role in George Floyd's death, StarTribune (Sept. 21, 2022); Tumin & Bogel-Burroughs, Former Minneapolis Officer Sentenced to Three Years in George Floyd Case, N.Y. Times (Sept. 21, 2022); Forliti, Ex-cop Lane gets 3 years for role in George Floyd's death, AP News (Sept. 21, 2022). See also Ex-Officer Thomas Lane Pleads Guilty to State Charge of Aiding and Abetting Manslaughter of George Floyd, dwkcommentaries.com (May 18, 2022); Comment: More Details on Thomas Lane's Guilty Plea, dwkcommentaries.com (May 19, 2022).
Posted on September 23, 2022 Categories Law, PoliticsTags Derek Chauvin, George Floyd, Hennepin County District Court (Minnesota), Judge Peter Cahill, Matt Frank, predatory offender, Thomas LaneLeave a comment on State Court Imposes Three-Year Sentence on Thomas Lane for Aiding and Abetting Manslaughter in Killing of George Floyd
Completion of Federal Criminal Cases Over Killing of George Floyd
The federal criminal cases over the May 2020 Minneapolis killing of George Floyd started with the May 2021 grand jury indictment of the four ex-Minneapolis police officers who were involved (Derek Chauvin, J. Alexander Kueng, Thomas Lane and Tou Thao). The significant subsequent events in those cases were the December 2021 guilty plea of Chauvin; the January-February 2022 federal jury trial of the other three defendants and their guilty verdict; and the July 2022 sentencing of all four defendants. Here are some of the details of those events.
The Criminal Indictment[1]
On May 7, 2021, the U.S. District Court for the District of Minnesota unsealed the federal grand jury indictment of four ex-Minneapolis police officers (Chauvin, Lane, Kueng and Thao) for allegedly using the "color of the law" on May 25, 2020 to deprive George Floyd of his constitutional rights to be "free from the use of unreasonable force" when Chauvin held Floyd down by the neck for more than nine minutes while the others did nothing to stop Chauvin. In addition, all four were charged with failing to help provide medical care to Floyd and "thereby acting with deliberate indifference to create a substantial risk of harm."
Chauvin's Guilty Plea[2]
On December 15, 2021, at the St. Paul federal courthouse Derek Chauvin pleaded guilty to two counts of depriving George Floyd of his federally-protected civil rights by pinning his knee against Floyd's neck and by failing to provide medical care for Floyd on May 25, 2020, ultimately causing his death. Chauvin also pleaded guilty to separate federal charges for holding down with his knee a 14-year-old boy in 2007 and failing to provide medical care to the boy and thereby causing non-fatal injuries.
On May 4, 2022, U.S. District Judge Paul Magnuson issued an Order accepting Chauvin's plea agreement and stating that the court "will sentence Defendant in accordance with the terms of the plea agreement," which provided that both sides agreed he should face a sentence from 20 to 25 years.
Federal Criminal Trial of the Other Three Defendants[3]
Lane , Kueng and Thao went to trial on these charges in January 2022. On February 24, 2022, the jury rendered its verdict that all three were guilty of all charges.
Federal Sentencing of Chauvin[4]
On July 7, 2022, in accordance with that approved plea agreement, Judge Magnuson sentenced Chauvin to 245 months (20.4 years) in federal prison for these crimes. Said the Judge, ""I really don't know why you did what you did. But to put your knee on another person's neck until they expire is simply wrong and for that conduct you must be substantially punished. Your conduct is wrong and it is offensive. To put a knee on another person's neck is unconscionable." In addition, the Judge said that Chauvin's taking control of the Floyd arrest had "absolutely destroyed the lives of three other young officers [Lane, Kueng and Thao]."
Federal Sentencing of Lane[5]
On June 29, 2022, federal prosecutors in a written brief asked the federal court to impose a sentence of up to 6.5 years for Lane's conviction.
At the July 21st hearing on Lane's sentencing, Assistant U.S. Attorney Manda Sertich argued, "It is fair and reasonable for a police officer to act when they both appreciate the seriousness of the situation and have the training to make a difference. But there has to be a line where blindly following a senior officer's lead even for the newest officers cannot be acceptable and that line is surely crossed when someone is dying slowly in front of the new officer." Moreover, she said, Lane's decision not to provide Floyd with medical aid was a "catastrophic lapse" that resulted in Floyd's death.
In response, Lane's attorney, Earl Gray, argued that Lane should receive downwards departures from the sentencing guidelines because he was "substantially less culpable" than the other defendants and had accepted responsibility for the crime with his guilty plea to the state criminal charges.
Others who made comments at the hearing were George Floyd's brother, Philonise Floyd, who asked the judge to impose the maximum sentence on Lane, and George Floyd's girlfriend, Courtney Ross, who said she did not believe Lane was a bad guy, but still had to pay his dues while hoping that he would find his "inner hero" when he gets out of prison.
U.S. District Court Judge Paul Magnuson then sentenced Lane to 30 months (2 ½ years) in federal prison followed by two years of supervised release. The Judge noted the Court's receipt of 145 letters with favorable comments on Lane and his being less responsible for Floyd's killing as favoring a lesser sentence even though this was "a very serious offense wherein a life was lost. The fact that you did not get up and remove Mr. Chauvin from Mr. Floyd when Mr. Floyd became unresponsive is a violation of the law."
Judge Magnuson also said he would urge the federal Bureau of Prisons to send Lane to a facility in Duluth and set a self-surrender date of October 4th after Lane's September 21st state court sentencing on his guilty plea.
Afterwards a retired Bloomington, MN police officer, Richard Greelis, expresses his belief that Lane, a four-day officer, "should never have been charged with a crime" because "rookie officers are impressed . . . to follow the advice and example of both the FTO [here, Chauvin] and all veteran officers on the street. . . . Rookies would be totally out of their league without their FTO there to guide them. Believe me, all the training in the world does not and cannot prepare you for that first day in uniform."
Federal Sentencing of Kueng and Thao[6]
On July 22, 2022, Judge Magnuson held a hearing to announce that he would calculate the offense levels for the sentences on Kueng and Thao on the involuntary manslaughter charge, not the second-degree murder charge. This was because the Judge said, "the evidence showed that Kueng genuinely thought that Mr. Floyd was suffering from excited delirium with a drug overdose, and Thao genuinely believed that the officers were dealing with a drug overdose with possible excited delirium." As a result, said the Judge, these facts precluded the element of "malice aforethought" necessary to prove second-degree murder.
At this hearing, the Judge also rejected the two men's claims that they were entitled to lesser sentences because they were acting under "color of law" because their positions in law enforcement were addressed in their criminal convictions.
Kueng. At a July 27th hearing Judge Magnuson sentenced Kueng to three years in prison. According to the Judge, there was no question that Kueng violated Floyd's rights by failing to get off him when Floyd became unresponsive. But there was "an incredible number " of letters supporting Kueng from other police officers that emphasized his rookie status. The prison term will begin this coming October.
Thao. At a second July 27th hearing, Thao spent over 30 minutes reading aloud several Biblical passages. Judge Magnuson sentenced Thao to 3 ½ years, to begin this coming October.
Absent an appeal by either or both Kueng and Thao from their convictions and/or sentences, the four federal criminal cases over the death of George Floyd have been concluded.
Both Kueng and Thao, however, still face an October 24th trial in Minnesota state court on charges of aiding and abetting both second-degree murder and second-degree manslaughter. Now, however, there is an incentive for these two men to seek a guilty plea to the state charges for sentences not exceeding these federal sentences, to be served concurrently in federal prison. [7]
[1] Federal Criminal Charges Against Ex-Minneapolis Policemen Over George Floyd Killing, dwkcommentaries.com (May 7, 2021).
[2] Derek Chauvin Pleads Guilty to Federal Criminal Charges Over Killing of George Floyd, dwkcommentaries.com (Dec. 16, 2021); Comment: Federal Court Accepts Chauvin's Plea Agreement, dwkcommentaries.com (July 7, 2022);
[3] Federal Criminal Trial for Killing George Floyd: Jury Deliberations and Verdict, dwkcommentaries.com (Feb. 25, 2022). Further details of this criminal prosecution are provided in posts listed in the "Federal Criminal Cases Against Ex-Minneapolis Policemen Over Killing of George Floyd (and Against Derek Chauvin over Excess Force Against Teenager)" section of List of Posts to dwkcommentaries—Topical: George Floyd Killing.
[4] Federal Court Sentences Derek Chauvin to 245 Months (20.4 years) for Depriving George Floyd (and John Pope) of Their Federal Civil Rights, dwkcommentaries.com (July 8, 2022).
[5] Federal Prosecution Proposes Criminal Sentences for Ex-Officers Lane, Kueng and Thao's Convictions for Involvement in the Killing of George Floyd, dwkcommentaries.com (July 2, 2022); Montemayor, Ex-officer Thomas Lane sentenced to 2 ½ years in prison for violating George Floyd's civil rights, StarTribune (July 21, 2022); Kummer & Bogel-Burroughs, Ex-Officer Who Held George Floyd's Legs Sentenced to 30 Months in Prison, N.Y. Times (July 21, 2022); Collins, Ex-cop Lane gets 2 ½ years for violating George Floyd's civil rights, MPRnews (July 21, 2022); Judgment in a Criminal Case, U.S. v. Lane, Case No. 0:21-CR-00108 (4), U.S. Dist. Ct., D. MN (July 21, 2022); Greelis, George Floyd murder: Reduced sentence for rookie officer makes sense, StarTribune (July 25, 2020).
[6] Montemayor, Kueng sentenced to 3 years, Thao 3 ½ years for violating George Floyd's civil rights, StarTribune (July 27, 2022) Forliti (AP), Ex-cops Kueng, Thao sentenced for violating Floyd's rights, Wash. Post (July 27, 2022); Kummer & Bogel-Burroughs, Last 2 Officers Involved in George Floyd's Death Are Sentenced to Prison, N.Y. Times (July 27, 2022) .
[7] Judge agrees to move trial of two former Minneapolis officers to October in George Floyd's death, StarTribune (June 21, 2022). Resetting State Criminal Trial Date for Kueng and Thao for Killing of George Floyd, ddwkcommentaries.com (June 21, 2022). [Comment:] District Court Order Regarding New Trial Date, dwkcommentaries.com (June 24, 2022).
Posted on July 27, 2022 Categories Law, PoliticsTags Derek Chauvin, District Court Judge Paul A. Magnuson, George Floyd, J. Alexander Kueng, Thomas Lane, Tou Thau, U.S. District Court (District of Minnesota)4 Comments on Completion of Federal Criminal Cases Over Killing of George Floyd
Federal Court Sentences Derek Chauvin to 245 months (20.4 years) for Depriving George Floyd (and John Pope) of Their Federal Civil Rights
On July 7, 2022, in the U.S. District Court in St. Paul, Minnesota, Judge Paul A. Magnuson sentenced Derek Chauvin to 245 months (20.4 years) in federal prison for (a) his depriving George Floyd of his federal civil rights by pinning his knee against Floyd's neck and by failing to provide medical care for Floyd on May 25, 2020, ultimately causing his death and (b) Chauvin's holding down with his knee John Pope, then a 14-year old boy in 2007, and failing to provide medical care to the boy and thereby causing non-fatal injuries. [1]
At the hearing, Judge Magnuson said, "I really don't know why you did what you did. But to put your knee on another person's neck until they expire is simply wrong and for that conduct you must be substantially punished. Your conduct is wrong and it is offensive. To put a knee on another person's neck is unconscionable." In addition, the Judge said that Chauvin's taking control of the Floyd arrest had "absolutely destroyed the lives of three other young officers [Thomas Lane, J. Alexander Kueng and Tou Thao]."
Other Comments at the Hearing
Before the Judge announced the sentence, the federal prosecutor, LeeAnn Bell, said the sentence "needs to reflect the intentionality. He wasn't a rookie. He'd been a police officer for years. He knew what his training was. He knew what he was doing was wrong and he did it anyway." The prosecution's request for the longer sentence of 25 years reflected that fact that Chauvin's crime against John Pope was not part of the state case over the killing of George Floyd, for which Chauvin previously was convicted and sentenced by the state court.
George Floyd's brother, Philonise, said, "I haven't had a real night's sleep since this happened. Hearing my brother beg and plead for his life again and again, screaming for our mom." His family had received a "life sentence. We will never get George back."
Courtney Ross, Floyd's girlfriend, in a written statement read by the Judge said, "I don't hate you, Mr. Chauvin. I'm working on forgiving you because that's what George Floyd would want me to do."
John Pope told the court that his encounter with Chauvin had changed him from a "happy' person to someone who saw his dreams "slip from my hands." Pope hopes Chauvin takes this time to think about what he could have done differently and what he did to others," noting that Chauvin's actions against him had gone unchallenged until Floyd's killing.
Chauvin's attorney, Eric Nelson, told the court that Chauvin had received over 1,000 letters of support, evidencing his good "character and qualities as a human being," that Chauvin had already been punished by [the State of Minnesota] for the offenses [against Mr. Floyd] and that Chauvin had accepted his wrongdoing and had expressed remorse for the harm that has flowed from his actions.
Chauvin himself said that he wanted "to wish [Floyd's children] all the best in their life and have excellent guidance in becoming great adults." To John Pope, Chauvin said, "I hope you have a good relationship with your mother and also your sister, and I hope you have the ability to get the best education possible to lead a productive and rewarding life." But Chauvin did not apologize.
Chauvin's mother, Carolyn Pawlenty, thanked his supporters and denounced the "misinformation" in media that her son is a racist and has no heart. Everyone in Minnesota needs to heal and realize that all lives matter, no matter the color of your skin. Every life matters." She then asked for federal prison placement in Minnesota or Iowa to be close to his family.
Background for the Hearing[2]
On December 15, 2021, Chauvin pleaded guilty to two counts of depriving Mr. Floyd of his federally-protected civil rights and ultimately causing his death and to the charges for his 2017 misconduct with Mr. Pope, and under the negotiated Plea Agreement the prosecution and Chauvin agreed that the court could impose imprisonment of 20 to 25 years for these crimes.
This plea agreement was approved by Judge Magnuson on May 4, 2022, when he said the federal sentence would be in accordance with that plea agreement.
Conclusion[3]
Since his conviction on the state criminal charges, Chauvin has been in "administrative segregation" in Minnesota's maximum security prison in Oak Park Heights, MN and largely confined to a 10-by-10-foot room with about one hour a day outside for exercise.
Now he will be transferred to a federal prison. The federal Bureau of Prisons will decide where Chauvin will be assigned, after evaluating his medical or programming needs, separation and security measures to ensure his protection and proximity to his release residence. Experts speculate that he probably will start in a medium-security facility. Former U.S. Attorney Tom Heffelfinger observed, "It's dangerous to be an officer in any prison. It's even more dangerous in state prison because of the nature of the inmate population. There are gangs, for example. And police officers just don't do well there. Those risks are reduced in a federal prison."
1 U.S. Sentencing Memorandum, U.S. v. Chauvin, Criminal No. 21-108(01), U.S. Dist. Ct. MN (June 22, 2022); Defendant's Position Regarding Sentencing, U.S. v. Chauvin, Criminal No. 21-108(01), U.S. Dist. Ct. MN (June 22, 2022); Montemayor, Derek Chauvin's federal sentencing scheduled for Thursday, StarTribune (July 5, 2020); Karnowski (AP), Derek Chauvin to be sentenced Thursday in St. Paul on federal charges in George Floyd killing, Pioneer Press (July 5, 2022); Almasy, Derek Chauvin to be sentenced Thursday on federal charges, cnn.com (July 7, 2022); Bailey, Derek Chauvin faces federal sentence for Floyd's killing, Wash. Post (July 7, 2022); Collins & Sepic, George Floyd killing: Derek Chauvin sentencing underway in federal court, MPRNews (July 7, 2022); Karnowski (AP), Chauvin gets 21 years for violating Floyd's civil rights, AP News.com (July 7, 2022); Bailey, Chauvin sentenced to 20 years for violating Floyd's civil rights, Wash. Post (July 7, 2022); Sepic & Collins, Ex-cop Chauvin gets 20-plus years for violating George Floyd's civil rights, MPRNews (July 7, 2022); Senter & Dewan, Killer of George Floyd Sentenced to 21 Years for violating civil rights, N.Y. Times (July 7, 2022).
[2] Federal Criminal Trial for Killing George Floyd: Jury Deliberations and Verdict, dwkcommentaries.com (Feb. 25, 2022); Derek Chauvin Pleads Guilty to Federal Criminal Charges Over George Floyd Killing and Excess Force Against Teenager, dwkcommentaries.com (Dec. 16, 2021); Comment: Federal Court Accepts Chauvin's Plea Agreement, dwkcommentaries.com (July 7, 2022); Order, U.S. v. Chauvin, Criminal No. 21-108(01), U.S. Dist. Ct. MN (May 4, 2022).
[3] EXPLAINER: Chauvin heads to federal prison for Floyd's death. StarTribune (July 7, 2022).
Posted on July 8, 2022 Categories Law, PoliticsTags Bureau of Prisons, Carolyn Pawlenty, Courtney Ross, Derek Chauvin, Eric Nelson, George Floyd, J. Alexander Kueng, John Pope, Minnesota Prison (Oak Park Heights), Philonise floyd, Thomas Lane, Tom Heffelfinger, Tou Thao, U.S. District Court (District of Minnesota), U.S.District Judge Paul Magnuson1 Comment on Federal Court Sentences Derek Chauvin to 245 months (20.4 years) for Depriving George Floyd (and John Pope) of Their Federal Civil Rights
Federal Prosecution Proposes Criminal Sentences for Ex-Officers Lane, Kueng and Thao's Convictions for Involvement in the Killing of George Floyd
On June 29 , federal prosecutors asked the U.S. District Court for the District of Minnesota to impose a sentence of up to 6.5 years for Thomas Lane's conviction for his involvement in the May 2020 killing of George Floyd. The prosecutors also asked on June 29 and 30 for higher sentences for ex-officers J. Alexander Kueng and Tou Thao, who also have been convicted for their involvement in that killing.[1]
The prosecution's reasons for these recommendations were very detailed in compliance with the requirements of the federal statute for the imposition of sentences (18 U.S.C. sec. 3553).
All of these convictions are based upon a February 2022 federal jury's verdict of guilty for these three men for violating Floyd's civil rights by failing to give Floyd medical care while Kueng also was found guilty of not trying to stop Derek Chauvin from using excessive force. [2]
Reasons for Proposed Sentence of Lane[3]
According to the prosecution, a "within guideline range sentence of 63 months (5.25 years) to 78 months (6.5 years) [for Lane] is reasonable and appropriate in light of the serious consequences of . . . Lane's criminal omissions and in consideration of the 18 U.S.C. sec. 3553(a) factors."
"As the jury necessarily found, . . . [Lane] recognized that . . . Floyd was suffering from a serious medical need and failed to provide him with the basic medical aid and that . . .[Lane] was trained and duty-bound to give such aid at a time when that would have made a difference. . . . . [Lane's] failure to provide medical aid had serious consequences for Mr. Floyd, Mr. Floyd's family, . . . Lane's fellow law enforcement officers, and the broader community. . . . [This proposed sentence] is justified by the gravity and impact of his inaction."
The prosecution then rejected, with appropriate legal citations, the following Lane objections to this proposed sentence: (1) the victim was lawfully restrained; (2) Lane was a minimal participant in the restraint; (3) there was double counting of Lane's status as someone acting under color of law; and (4) Lane's guilty plea justifies a downward adjustment because it came after conviction at trial.
Next the prosecution argued that the section 3553(a) factors justified a within-guidelines sentence for Lane: the nature and circumstances of the offense (Lane was well placed to save Floyd's life) and Lane had information about Floyd's condition and information and training of how to respond to this condition. In addition, a guideline-range sentence will most appropriately capture the significance of Lane's inaction, the lasting harm his inaction inflicted on Floyd, the other officers and the larger community."
Lane's being a police officer is another reason justifying a higher sentence, and his relative inexperience as an officer is undermined by Lane's recognition of Floyd's condition and Lane's initial training and knowledge.
A within-guidelines sentence of Lane "will remind other officers of their constitutional obligations as law enforcement officers, including an affirmative obligation to protect the lives and safety of those in their custody and thus serve to protect the American public by promoting respect for the law.
Therefore, Lane "should be sentenced to a within-guidelines sentence of 63 months (5.25 years) to 78 months (6.5 years)."
This statement by the prosecution also constitutes a rejection of Lane's motion for a downward sentencing variance.
Reasons for Proposed Sentence of Kueng[4]
The prosecution argued that a sentence of Kueng should be "significantly more " than the proposed sentence of 63 to 78 months for Lane because (1) Kueng abused state powers to cause the death of . . . Floyd; (2) Kueng lacked "acceptance of responsibility , including his (at time obstructive and incredible) trial testimony;" (3) the need to promote respect for the law and deter other police officers from standing by as their fellow officers inflict abuses on unresisting arrestees," and (4) "the need for consistency with respect to other cases in which officers have been convicted of failing to intervene to protect an arrestee from abuse." The prosecution also argued that Kueng's sentence should be less than the expected sentence of 240-300 months of imprisonment for Derek Chauvin.
Reasons for Proposed Sentence of Thao[5]
The prosecution argued that Thao's sentence would be less than the 240-300 months' anticipated sentence for Chauvin and "significantly more that the Guidelines range applicable to . . . Lane . . . of 63 to 78 months' imprisonment. Such a sentence is sufficient, but not greater than necessary, to comply with the requirements of 18 U.S.C. sec. 3553(a)."
This proposal, said the prosecution, was justified by the following: (1) 'the offense resulted in the death of . . Floyd, and thus caused the gravest of harms;" (2) "Floyd was in [Thao's] custody and care and [he] knew he had a duty to protect . . . [Floyd];" (3) Thao "had the knowledge, opportunity, information and time to recognize the need for action to stop the unreasonable force and to provide medical aid—and yet he failed to act;" (4) Thao's "lack of acceptance of responsibility, including his (at times incredible) trial testimony merits a significant sentence;" and (5) "a significant sentence is needed to promote respect for the law and to deter other police officers from standing by as their fellow officers commit a crime."
Thao, on the other hand, stated he believes the appropriate calculated Guidelines Range for him is 24-30 months and requested the Court to impose a sentence of 24 months imprisonment. "This sentence would be sufficient, but not greater than necessary to achieve the goals outlined in [section] 3553."
We all now wait to see if these defendants offer any other contrary arguments and the decisions on the sentences by Judge Magnuson.
[1] Montemayor, Federal prosecutors seek up to 6 ½ years for ex-officers for violating George Floyd's civil rights, StarTribune (June 29, 2022); Karnowski (AP), Prosecutors seek prison for 3 ex-cops in Floyd killing, StarTribune (June 29, 2022); Montemayor, Feds ask for up to 6 ½ years in prison for ex-MPD officer Thao for failing to help George Floyd, StarTribune (June 30, 2020).
[2] Federal Criminal Trial for Killing George Floyd: Jury Deliberations and Verdict, dwkcommentaries.com (Feb. 25, 2022).
[3] United States' Sentencing Memorandum, U.S. v. Lane, Case 0:21-cr-0018, U.S. Dist. Ct., D. MN (June 29, 2022); Ex-Officer Thomas Lane Pleads Guilty State Charge of Aiding and Abetting Manslaughter of George Floyd, dwkcommentaries.com (May 18, 2022).
[4] Government's Position with Respect to Sentencing, U.S. v. Kueng,, Case 0-21-cr-00188, U.S. Dist. Ct. MN (June 29, 2022); Defendant Kueng's Motion for a Sentencing Variance, U.S. v. Kueng,, Case 0-21-cr-00188, U.S. Dist. Ct. MN (June 29, 2022).
[5] Government's Position with Respect to Sentencing, U.S. v. Thao, U.S. Dist. Ct. MN, Case No. 0:21-cr-00108 (June 30,2022); Defendants' Position with Respect to Sentencing, U.S. v. Thao, U.S. Dist. Ct. MN, Case No. 0:21-cr-00108 (June 30,2022).
Posted on July 2, 2022 Categories Law, PoliticsTags Derek Chauvin, District Court Judge Paul A. Magnuson, George Floyd, J. Alexander Kueng, sentencing, Thomas Lane, Tou Thao, U.S. District Court (District of Minnesota)Leave a comment on Federal Prosecution Proposes Criminal Sentences for Ex-Officers Lane, Kueng and Thao's Convictions for Involvement in the Killing of George Floyd
State Criminal Trial for Thao and Kueng Postponed to January 2023
On June 6, Hennepin County District Court Judge Peter Cahill granted motions byTou Thao and J. Alexander Kueng to postpone their criminal trials with a new date of January 5 for their commencement. The court also denied the defendants' motion to change venue and the motion of the Media Coalition to reconsider the court's previous barring of audio and video coverage of this trial.[1]
The Reasons for Changing the Trial Date
The Minnesota Supreme Court has recognized that "continuance of a trial date has been recognized as an effective tool to diminish the effect of prejudicial pretrial publicity." Here, the defendants have cited two such events.
First, on May 18, 2022 (less than four week prior to the scheduled start of the trial co-defendant Thomas Lane pled guilty to aiding and abetting second-degree manslaughter. [2]
Second, on February 24, 2022, Thao, Kueng and Lane were found guilty by a federal jury of violating George Floyd's civil rights "based largely on the same evidence as will be introduced in Defendants Thao's and Kueng's joint state trial."[3]
"These two recent events and the publicity surrounding them are significant in they . . could make it difficult for jurors to presume Thao and Kueng innocent of the State charges." A postponement of the trial for nearly seven months should "diminish the impact of this publicity on the Defendants' right and ability to receive a fair trial from an impartial and unbiased jury."
The Reasons for Denial of Change of Venue
Although there has been "saturation news coverage in the Twin Cities in print and broadcast media" of the George Floyd killing and subsequent court proceedings, the same is true "throughout the entire State of Minnesota—not to mention nationally."
Moreover, "a prospective juror's exposure to pretrial publicity does not alone create a reasonable likelihood of an unfair trial. . . . Instead, the issue is whether a prospective juror can set aside his or her impressions or opinions based on pretrial publicity, be fair and impartial, and render an impartial verdict." In addition, this court has taken extensive measures in the earlier Chauvin trial and is now implementing those same measures for the trial of Thao and Kueng.
In addition, postponing the trial to January 2023 will put more than two and one-half years since the killing of Mr. Floyd; more than 20 months since the jury verdict in the Chauvin case; [4] almost eleven months since the jury verdict against Thao and Kueng in the federal civil rights trial; and probably four to six months since their upcoming sentencing in that federal trial.
Finally, this court has continued to impose "appropriate steps to ensure the selection of an impartial jury" and Hennepin County is "the most populous and diverse county in the state."
The Reasons for Denial of Audio/Video Coverage
"With the reduction in the number of defendants, . . . [the trial courtroom] can now be configured, with the relaxed COVID protocols, to accommodate at least eighteen seats for the public . . . [which] does not amount to a courtroom closure."
However, "if there is a significant rule change in place by [the commencement of this trial next January], the court would reconsider allowing audio and video coverage."
Another Consideration
Another consideration favoring the postponement of the trial not mentioned by Judge Cahill was providing additional time for these two defendants, especially after their federal sentencing, to consider attempting to negotiate an agreement with the prosecution for their pleading guilty to the state charges.
[1] Walsh, State Trial for fired Minneapolis officers Thao, Kueng delayed until January, Star Tribune (June 6, 2022); Order and Memorandum Opinion Concerning Trial, State v. Thao & Kueng, Court Files Nos. 27-CR-20-12949 & 27-Cr-20-12953, Hennepin County District Court (June 6, 2022).
[2] Ex-Officer Thomas Lane Pleads Guilty to State Charge of Aiding and Abetting Manslaughter of George Floyd, dwkcommentaries.com (May 18, 2022). Comment: More Details on Lane's Guilty Plea, dwkcommentaries.com (May 19, 2022).
[4] Derek Chauvin Trial: Week Seven (Conviction), dwkcommentaries.com (April 21, 2021); Derek Chauvin Trial: Chauvin Sentenced to 22.5 Years Imprisonment, dwkcommentaries.com (June 28, 2021).
Posted on June 7, 2022 June 7, 2022 Categories Law, PoliticsTags Derek Chauvin, George Floyd, J. Alexander Kueng, Judge Peter Cahill, Media Coalition, Tao Thao, Thomas Lane1 Comment on State Criminal Trial for Thao and Kueng Postponed to January 2023
Derek Chauvin and City of Minneapolis Sued for Alleged Use of Excessive Force in 2017
On May 31, 2022, Derek Chauvin, the City of Minneapolis and certain other Minneapolis police officers were sued in two federal court cases for compensatory and punitive damages for Chauvin's alleged use of excessive force in 2017.
John Pope Case[1]
In September 2017, John Pope, then 14 years old, alleges that he was alone in his bedroom on the floor using his cellphone when two Minneapolis police officers came into his room and said he was under arrest. When Pope asked why, one of the officers hit him on the head with a flashlight and choked him until he passed out. When he woke up, one of the officers had his knee on the back of Pope's neck, and Pope asked the officer to move his knee to Pope's lower back to help him breathe. The officer responded, "Are you going to flounce around," before he moved his knee. At the time, Pope did not know the name of the officer, but after seeing photos of Chauvin after the killing of George Floyd, Pope believed that Chauvin was the officer in the encounter.
Thereafter Pope, now a soft-spoken bank supervisor and college student studying criminal justice, retained attorneys who investigated the case and with the aid of body-worn camera footage determined the following:
"That night Chauvin was acting as a field-training officer for officer Alexander Walls when the two responded to a domestic assault call at 8:45 p.m. to Pope's home on the 5700 block of Chicago Avenue S. Pope was there with his sister and his mother, Deanna Jenkins."
"Upon arrival, the officers called in a 'Code 4,' meaning the situation was under control and no assistance was needed. But Jenkins, who was obviously drunk, the lawsuit said, told Chauvin and Walls she wanted Pope and his sister arrested for using electricity to charge their phones."
Jenkins "claimed Pope had grabbed her from behind, and with Chauvin watching, she filled out domestic assault paperwork." The officers then went to talk to Pope in his bedroom, according to the lawsuit.
"The lawsuit said Chauvin held him down for 15 minutes while Pope was 'completely subdued and not resisting,' but crying out that he couldn't breathe. Citing body-camera footage, the lawsuit said Jenkins asked Chauvin eight times to get off of Pope."
"At least eight officers, including Walls and five others named in the lawsuit, saw Chauvin kneeling on an unmoving Pope but did nothing to stop the restraint. Chauvin was still on Pope when paramedics showed up, the lawsuit said."
"Pope was taken to the hospital for stitches and then the Juvenile Justice Center where he was charged with fifth-degree domestic assault, a misdemeanor, and obstructing the legal process, a gross misdemeanor, but the charges were quickly dropped."
In addition, the lawsuit alleges that the "kneeing maneuver" Chauvin used on Pope, Floyd and "likely many others" was Chauvin's "calling card" despite officers knowing it posed serious risk of injury and death from positional asphyxia and that the MPD culture "encourages and enables racist, predatory police officers and unconstitutional force practices."
Moreover, according to the lawsuit, "Chauvin's treatment of Pope and [Zoya] Code [the plaintiff in the other new case] was available to MPD supervisors because the city maintains electronic storage of all body-worn camera footage through evidence.com. 'But the city buried its head in the sand regarding such evidence or even worse, reviewed it and did nothing, in either case continuing to condone such actions by officers.'"
As a result, says the lawsuit, "Chauvin and six other officers violated . . . [Pope's] constitutional right to be free from excessive force" and "that rather than discipline Chauvin for his treatment of Pope, the officer was "'left free to prowl for more Black persons to subjugate and torture.'"
More specifically, the Complaint asserts the following claims:
Count I: Fourth and Fourteenth Amendment Violations against Chauvin individually for compensatory and punitive damages plus costs, including reasonable attorneys' fees.
Count II: Race Discrimination—Fourteenth Amendment Violation against Chauvin individually for compensatory and punitive damages plus costs, including reasonable attorneys' fees.
Count III: Fourth and Fourteenth Amendment Violations against six other officers individually for compensatory and punitive damages plus costs, including reasonable attorneys' fees.
Count IV: Civil Rights Violations (Monell v. Dept. of Social Services) against the City of Minneapolis for compensatory damages plus costs, including reasonable attorneys' fees.
Count V: Violation of Title VI of the Civil Rights Act of 1964 against the City of Minneapolis for compensatory damages plus costs, including reasonable attorneys' fees.
Zoya Code Case[2]
Code, a 39-year-old mother of five alleges that in 2017 Chauvin held his knee on her back and traumatized her. She said, "I didn't know his name. All I knew was he was a police officer with Minneapolis Police Department. I didn't know what precinct he was at. All I knew was his face. [Chauvin] haunted me until I seen him on top of George [Floyd]." The legal bases for the five counts of this Complaint and the claimed relief are the same as the Complaint by Mr. Pope, except the latter's Count III is only against one other officer.
Plaintiffs' Attorneys
Mr. Pope and Ms. Code are represented by the prestigious Minneapolis law firm of Robins Kaplan LLP and three of its partners (Robert Bennett, Andrew Noel and Kathryn Bennett) along with Counsel Marc E. Betinsky and Associate Greta Wiessner.
The skills of these attorneys are demonstrated by the obviously well researched and written complaints. They are ready for battle if that is needed.
City of Minneapolis' Reactions
In a statement, Minneapolis City Attorney Peter Ginder called the accounts of Pope and Code "disturbing. "We intend to move forward in negotiations with the Plaintiffs on these two matters and hope we can reach a reasonable settlement. If a settlement cannot be reached on one or both lawsuits, the disputes will have to be resolved through the normal course of litigation."
[1] Complaint, Pope v. Chauvin, U.S. Dist. Ct., D. MN, No.0:22-cv-01434 (May 31, 2022); Olson & Robiou, Chauvin, Minneapolis police named in two federal excessive-force lawsuits dating to 2017, involving teenager, woman, StarTribune (May 31, 2022); Vancleave, [Videotape]: Minneapolis teen recalls violent arrest by Derek Chauvin years before George Floyd, StarTribune (May 31, 2022).
[2] Complaint, Code v. Chauvin, U.S. Dist. Ct., D. MN, No. 0:22-cv-01438 (May 31, 2022); Olson & Robiou, Chauvin, Minneapolis police named in two federal excessive-force lawsuits dating to 2017, involving teenager, woman, StarTribune (May 31, 2022).
Posted on June 2, 2022 June 2, 2022 Categories Law, PoliticsTags 14th Amendment (U.S. Constitution), 4th Amendment (U.S. Constitution), Alexander Walls, Andrew Noel, City of Minneapolis, Deanna Jenkins, Derek Chauvin, George Floyd, Greta Wiessner, John Pope, Kathryn Bennett, Marc E. Betinsky, Monell v. Dept. of Social Services, Peter Ginder, Robert Bennett, Robins Kaplan LLPLeave a comment on Derek Chauvin and City of Minneapolis Sued for Alleged Use of Excessive Force in 2017
Chauvin Appellate Brief Regarding State Court Conviction for Murder of George Floyd
On April 25, 2022, attorneys for Derek Chauvin submitted a brief in support of his appeal to the Minnesota Court of Appeals from his conviction and sentencing by the state District Court for his involvement in the death of George Floyd.
Chauvin's Brief for the Appeal[1]
Here are the principal points of Chauvin's brief:
The pervasive prejudicial publicity, jurors' concerns for their safety if they did not convict Chauvin and physical threats to the courthouse required the court to change venue, continue the trial, or fully sequester the jury and its failure to do so violated Minnesota Rule of Criminal Procedure 25.02 and the U.S. Constitution's 6th and 14th
More specifically, the pretrial publicity surrounding the case, which was pervasive and overwhelmingly hostile to Chauvin and law enforcement in general, combined with the riots, the threat of violence from a possible acquittal, the City of Minneapolis' announcement of its $27 million settlement of claims by the Floyd family in the middle of jury voir dire, jurors' express concerns for their own personal safety and at least two jurors expressing negative views of the Minneapolis Police Department, the media's spying on the attorneys and disclosing courthouse security measures required the court to change venue, continue the trial or fully sequester the jury, and its failure to do so violated Minnesota Rule of Criminal Procedure 25.02 and the U.S. Constitution's 6th and 14th Amendments.
The third-degree murder charge against Chauvin, for which he was convicted, must be dismissed because his actions were directed only against one person—George Floyd—and because the Minnesota Supreme Court has decided that such a charge requires actions against more than one person.
The second-degree felony-murder charge against Chauvin was invalid because as a police officer he was authorized to "touch" or "assault" Floyd as he resisted arrest and because the court did not instruct the jury that the reasonable use of force by a police officer must be judged from the perspective of a reasonable officer on the scene.
The trial court also erred by allowing cumulative evidence by seven expert witnesses on their opinions on the reasonable use of force by Chauvin.
The court improperly excluded evidence of MPD training materials showing a police officer placing his or her knees on a suspect's back.
The court erroneously excluded testimony by Morries Hall, a passenger in Floyd's car, on Floyd's ingestion of fentanyl and being in a state of excited delirium.
The court erroneously failed to take actions to correct prosecutorial misconduct regarding failure to timely disclose certain evidence.
The court erroneously failed to make a record of defense counsel's "sidebar" arguments.
The court erroneously used Chauvin's alleged abuse of a position of authority as an aggravating sentencing factor to justify an upward departure from the presumptive sentencing range.
We now await the prosecution's responses to these arguments.
Chauvin's Guilty Plea to Federal Criminal Charges Over Floyd's Death[2]
Presumably the prosecution will find counter arguments in Chauvin's December 15, 2001, guilty plea in federal court to two counts of depriving Mr. Floyd of his federally-protected civil rights by pinning his knee against Mr. Floyd's neck and by failing to provide medical care for him on May 25, 2020, ultimately causing his death.
In the Plea Agreement and Sentencing Stipulations in that federal case, which Chauvin signed and stipulated that he "fully understands the nature and elements of the crimes with which he has been charged [in that federal case]" and "admits that the following facts are true, and that those facts establish his guilt beyond a reasonable doubt [to those charges]."
Chauvin "held his left knee across Mr. Floyd's neck, back, and shoulder, and his right knee on Mr. Floyd's back and arm. As Mr. Floyd lay on the ground, handcuffed and unresisting, [Chauvin] kept his knees on Floyd's neck and body, even after Mr. Floyd became unresponsive. This offense resulted in bodily injury to, and the death of, George Floyd."
"On May 25, 2020, [Chauvin] was on duty and acting under color of law as a patrol officer for the [MPD]. Through his experience as an MPD patrol officer, [Chauvin] was familiar with MPD policies and training regarding the authorized use of force, including the requirement that an officer use force only in proportion to a subject's resistance and the requirement that an officer stop using force when a subject is not resisting. . . . [Chauvin] was also aware of MPD policy and training that once an arrestee is in custody, the arrestee is the officer's responsibility to protect, and accordingly, officers are required to provide emergency medical aid to an arrestee who needs it, including CPR immediately if there is not pulse and other basic first aid, even while awaiting Emergency Medical Services (EMSA). Finally, [Chauvin] was trained that if an arrestee is in the prone position, that position may make it more difficult to breathe, and thus, officers should move that arrestee to a side recovery or seated position."
"After an attempt to seat Mr. Floyd in a squad car, [Chauvin] and Officers Kueng and Lane maneuvered Mr. Floyd, who was handcuffed and requesting to be placed on the ground, out of the vehicle and face-down on the street. Mr. Floyd remained restrained, prone and handcuffed on the ground for approximately ten minutes. During this entire period, [Chauvin] held his left knee on Mr. Floyd's neck, back, and shoulder area and his right knee on Mr. Floyd's left arm and upper back."
"After the initial restraint, Mr. Floyd stopped resisting officers. [Chauvin] admits that no later than the time the officers decided not to apply the hobble to Mr. Floyd, [Chauvin's] continued use of force became objectively unreasonable and excessive based on a totality of the circumstances. After that point, [Chauvin] continued his unreasonable restraint of Mr. Floyd until after the paramedics arrived."
"[Chauvin] admits that in using this unreasonable and excessive force, he acted willfully and in callous and wanton disregard of the consequences to Mr. Floyd's life. [Chauvin] knew that what he was doing was wrong, in part, because it was contrary to his training as an MPD officer. [Chauvin] chose to continue his use of force even though he knew from MPD policy and training that once Mr. Floyd was compliant, [Chauvin] should have gotten off of him and moved him into a side recovery or seated position."
"[Chauvin] also knew there was no legal justification to continue his use of force because he was aware that Mr. Floyd not only stopped resisting, but also stopped talking, stopped moving, stopped breathing, and lost consciousness and a pulse. [Chauvin] chose to continue applying force even though he knew Mr. Floyd's condition progressively worsened. [Chauvin] also heard Mr. Floyd repeatedly explain that he could not breathe, was in pain, and wanted help."
"[Chauvin] knew that what he was doing was wrong-that continued force was no longer appropriate and that it posed significant risks to Mr. Floyd's life based on what he observed and heard about Mr. Floyd."
"[Chauvin] also willfully violated Mr. Floyd's constitutional right not to be deprived of liberty without due process of law, which includes an arrestee's right to be free from a police officer's deliberate indifference to his serious medical needs. [Chauvin] admits that he failed to render medical aid to Mr. Floyd, as he was capable of doing, and trained and required to do."
"At the time [Chauvin] failed to render medical aid to Mr. Floyd, [he] saw Mr. Floyd lying on the ground, in serious medical need, and eventually unconscious and pulseless, and recognized Mr. Floyd was in clear need of medical aid. At no point during the entire period that Mr. Floyd was on the ground did [Chauvin] or anyone else move Floyd onto his side, start CPR, or provide medical aid of any kind to Mr. Floyd. [Chauvin's] failure to render medical aid resulted in Mr. Floyd's bodily injury and death."
"[Chauvin] agrees that the appropriate base offense level is second-degree murder because he used unreasonable and excessive force that resulted in Mr. Floyd's death, and he acted willfully and in callous and wanton disregard of the consequences to Mr. Floyd's life. [Chauvin] admits that his willful use of unreasonable force resulted in Mr. Floyd's bodily injury and death because his actions impaired Mr. Floyd's ability to obtain and maintain sufficient oxygen to sustain Mr. Floyd's life."
Given these express written admissions by Chauvin, why is it necessary for the Minnesota Court of Appeals, the Minnesota Attorney General's Office and Chauvin's attorneys to go through the intensive and costly process of examining the various issues in Chauvin's appeal of his state court conviction and sentencing?
This blog welcomes comments expressing why such efforts are necessary.
[1] Appellant's Brief, State v. Chauvin, Minn. Ct. Appeals, No. A21-1228 (April 25, 2022); Assoc. Press, Chauvin appeals murder conviction for killing George Floyd, StarTribune (April 28, 2022); Chappell, Derek Chauvin appeals his conviction for George Floyd's murder, MPRNews (April 27, 2022); Scully, Derek Chauvin asks court to overturn conviction in George Floyd killing, The Hill (April 27, 2022); Wolfe & Rose, Derek Chauvin appeals his murder conviction in death of George Floyd, CNN.con (April 27, 2022).
[2] Derek Chauvin Pleads Guilty to Federal Criminal Charges Over Killing George Floyd, dwkcommentaries.com (Dec. 16, 2021); Plea Agreement and Sentencing Guidelines (pp. 2-6), U.S. v. Chauvin, U.S. Dist. Ct., D. MN (Case No. 21-CR-108 (PAM-TNL) (Dec. 15, 2021). The federal court's Docket Sheet for this case has the following entries, but the referenced documents are currently not available to the public: (a) 4/1/22 entry for erroneous filing of transcript of 12/15/21 Change of Plea Hearing; (b) 4/5/22 entry for filing of corrected version of that transcript; and (c) 4/27/22 entry for Preliminary Presentence Report on Chauvin.
Posted on May 1, 2022 Categories Law, PoliticsTags Derek Chauvin, George Floyd, J. Alexander Kueng, Minnesota Attorney General's Office, Minnesota Court of Appeals, Thomas Kiernan Lane, Tou Thao, U.S. District Court (District of Minnesota)1 Comment on Chauvin Appellate Brief Regarding State Court Conviction for Murder of George Floyd
Hennepin County District Court Enters Order Regarding Trial of Three Former Minneapolis Policemen Over Killing of George Floyd
On April 25, 2022, Hennepin County District Court Judge Peter A. Cahill issued the Trial Scheduling and Management Order and Memorandum Opinion regarding the June 13, 2022, commencement of the trial of three former Minneapolis policemen (Tou Thao, Thomas Kiernan Lane and J. Alexander Kueng) over the killing of George Floyd on May–, 2020.[1]
Trial Management Order
Specified information about any expert witnesses not previously disclosed shall be submitted by May 1, 2022.
Motions in limine shall be submitted by May 13, 2022, with supporting memoranda by May 20 and responsive memoranda by June 3.
Trial witness lists shall be submitted by May 13, 2022.
Trial exhibit lists and proposed jury instructions shall be submitted by June 10, 2022.
Trial will commence at 9:00 a.m. on June 13, 2022, in Hennepin County Courtroom C-1856.
Limits at trial on the number and conduct of the parties' attorneys or support staff were specified.
Limits at trial on the number and conduct of spectators at trial for the Media Coalition and the George Floyd and defendants' families were specified.
Hearing on motions in limine or administrative matters will be heard on June 13, 2022, and, if necessary, on subsequent days.
Jury selection will begin on June 14, 2022.
Jurors and potential jurors shall be partially sequestered.
Opening statements and presentation of evidence will begin on July 5, 2022.
Witnesses, prior to testifying, shall be sequestered.
Audio and video recording and livestreaming of the trial will not be allowed except as expressly permitted by Minn. R. Gen. P. 4.02(d).
At least three overflow courtrooms with audio and video feed from the trial courtroom will be provided for family members of George Floyd and the defendants, the media and the public.
The Court's Memorandum Opinion
The last 27 pages of this Court document set forth the legal bases for the following conclusions:
The Minnesota Rules of Practice Do Not Currently Authorize Livestreaming of Trials Over the Objection of a Party;
The Unusual and Compelling Circumstances of the Covid-19 Pandemic at the Time of the Chauvin Trial Have Substantially Abated and the Supreme Court Rules in Force in the First Half of 2021 Mandating Social Distancing, Mask Wearing, and Other Precautionary Measures Due to the Covid-19 Pandemic Are No Longer in Force, Obviating Resort to Rule 1.02;
This Court Now Is Precluded by Rule 4.02(d) from Ordering Livestreaming of the Trial Over Objections of the Defendants; and
Partial Jury Sequestration Is Appropriate.
Reactions [2]
An attorney for the Media Coalition, which wanted livestreaming of the trial, said that this order was "deeply disappointing [because] thousands of people interested in this important trial won't be able to watch it. The court's decision is based on its view that, with the world returning to normal after the pandemic, it must revert to Supreme Court rules that require everyone involved to consent to cameras before they are allowed. The defendants don't consent. Our Supreme Court needs to change the rule. They are working on it. I wish they could have worked faster."
Minnesota Assistant Attorney General, Matthew Frank, in a motion before the issuance of this order, said that prohibiting a livestream after allowing one during Chauvin's trial could harm public confidence in the process. "In the public's mind, this trial and Chauvin are linked. If this court eliminates audio-visual coverage at this late hour, the broader public may receive the unintended message that they no longer have the right to observe proceedings."
[1] Trial Scheduling and Management Order and Memorandum Opinion, State v. Thao, Lane & Kueng, Hennepin County District Court files 27-CR-20-12949, 27-CR-20-12951, 27-CR-20-12953 (April 25, 2022).
[2] Mannix, Judge: Trial of 3 ex-Minneapolis police officers in George Floyd death won't be livestreamed, StarTribune (April 26, 2022); Karnowski (AP), Trial of 3 ex-officers in Floyd death won't be livestreamed, StarTribune (April 26, 2022).
Posted on April 30, 2022 Categories Law, PoliticsTags Derek Chauvin, George Floyd, Hennepin County District Court (Minnesota), J. Alexander Kueng, Judge Peter Cahill, Matthew Frank, Media Coalition, Thomas Kiernan Lane, Tou Thao1 Comment on Hennepin County District Court Enters Order Regarding Trial of Three Former Minneapolis Policemen Over Killing of George Floyd
Federal Criminal Trial for Killing George Floyd: Jury Deliberations and Verdict
On February 23, U.S. District Court Judge Paul Magnuson gave the Court's instructions to the jury, and the jury engaged in their deliberations for the rest of the day and most of the next day. On the afternoon of February 24, the jury rendered its verdict. [1]
The Judge told the jurors they must view the evidence in light of what a "reasonable officer at the scene" would have done "without the benefit of 20-20 hindsight" and then "determine whether the decision to use force on Floyd was reasonable under the circumstances that were tense and rapidly evolving."
Moreover, "it violates the Constitution for a police officer to fail to intervene if he had knowledge of the force and an ability to do so."
On each count, if the jurors find an officer guilty, they must determine whether the officer's actions caused Floyd's death. (If the jury so finds, longer sentences would be permissible.)
Jury Verdict [2]
On the afternoon of February 24, after total deliberations of 13 hours over two days, the jury rendered its verdict that all three defendants were guilty of all charges.
Reactions to the Verdict [3]
Afterwards, Assistant U.S. Attorney LeeAnn Bell said, "[A]s one of the brave bystanders said, 'George Floyd was a human being.' He deserved to be treated as such."
George Floyd's brother, Philonise Floyd, said, "This is something we want everybody to remember: If you kill somebody, you're going to get time."
Minnesota Attorney General Keith Ellison stated, "Once again, the principle that no one is above the law and no one is beneath it has been upheld. The verdicts vindicate the principle that officers have a duty and a responsibility to intervene and recognize when a fellow officer is using excessive force."
Christy E. Lopez, a professor at Georgetown University Law Center and an expert on police training, commented that this verdict "could significantly change law enforcement culture, compelling agencies to make sure that officers are properly trained and are upholding their duties. It shifts the entire narrative from misconduct being about just acts of commission to misconduct also being about acts of omission." [4]
Other experts noted that "this case focused on a more widespread problem than a single officer's act of violence: the tendency of officers to stand by when they witness a fellow officer committing a crime."
[1] Olson & Mannix, Jury wraps first day of deliberating federal civil rights case against 3 ex-Minneapolis officers in George Floyd death, StarTribune (Feb. 23, 2022); Bogel-Burroughs, Jurors to Weigh Fate of Officers Who Restrained George Floyd as He Died, N.Y. Times (Feb. 22, 2022).
[2]Olson & Mannix, Ex-Minneapolis officers guilty on all civil rights charges related to George Floyd's death, StarTribune (Feb. 24, 2022); Former Minneapolis Police Officers Found Guilty of Violating George Floyd's Civil Rights, W.S.J. (Feb. 24, 2022); Former Minneapolis officers found guilty of violating George Floyd's civil rights, Wash. Post (Feb. 24, 2022).
[3] Walsh, Reaction to guilty verdicts ranges from proper police accountability to worries of chilling effect on cops, StarTribune (Feb. 24, 2022); Arango, Bogel-Burroughs & Senter, 3 Former Officers Are Convicted of Violating George Floyd's Civil Rights, N.Y. Times (Feb. 24, 2022).
[4] See Importance of Pending Federal Criminal Case Over Killing of George Floyd, dwkcommentaries.com (Jan. 24, 2022)(discussion of Professor Lopez' work on police training), https://dwkcommentaries.com/2022/01/24/importance-of-pending-federal-criminal-case-over-killing-of-george-floyd/
Posted on February 25, 2022 Categories Law, PoliticsTags Assistant U.S. Attorney LeeAnn Bell, Derek Chauvin, George Floyd, Georgetown University Law Center, J. Alexander Kueng, Jury verdict, Minnesota Attorney General Keith Ellison, Philonise floyd, Professor Christy E. Lopez, Thomas Lane, Tou Thao, U.S. District Court for District of Minnesota, U.S.District Judge Paul Magnuson3 Comments on Federal Criminal Trial for Killing George Floyd: Jury Deliberations and Verdict
Federal Criminal Trial for Killing George Floyd: Closing Arguments
On February 22, 2022, the United States for the prosecution and the attorneys for the defendants Tou Thao, J. Alexander Kueng and Thomas Lane presented their closing arguments to the jury. [1]
The Charges Against the Defendants
Thao and Kueng are charged with failing to intervene on Floyd's behalf while the two of them and Lane are charged with with failing to provide medical aid to Floyd while Derek Chauvin was using unreasonable force.
Prosecution's Closing Argument
Assistant U.S. Attorney Manda Sertich emphasized the length of time that Mr. Floyd had suffered while the officers did not provide aid. They watched and listened, but did not help as Chauvin killed a man "in broad daylight on a public street." They knew Floyd needed aid. They had been trained that every second counted to start life-saving procedures for an unresponsive man. They had the ability to help, but they didn't.
Thao had "done nothing" for 4 minutes and 40 seconds as Floyd called out for help. Instead he "mocked" Floyd by telling bystanders that this is "why you don't do drugs, kids." During that same time, Kueng ignored Floyd's pleas as he crouched "shoulder to shoulder" with Chauvin, never urging him to let up. Kueng also laughed when Chauvin said the dying man talked a lot for someone who said he couldn't breathe. Lane, who was holding Floyd's legs, had chosen "not to stop the horror unfolding under his nose, only suggesting that Chauvin roll Floyd onto his side, but "doing nothing to give Floyd the medical aid he knew he so desperately needed."
Even as Floyd said he could not breathe for a 27th time, the officers "were only halfway through their crime."
The falsity of the defense is proved by ordinary citizen bystanders, including a nine-year old, who cried out for the officers to intervene. "These civilians didn't have a badge. They didn't have other officers who could back them up. They knew these officers had more power than they did, more authority than they did and could cause trouble for them. And they still insisted."
"These defendants knew what was happening, and contrary to their training, contrary to common sense, contrary to basic human decency," they "chose not to aid George Floyd, as the window into which Mr. Floyd's life could have been saved slammed shut. This is a crime. The defendants are guilty as charged."
Defendants' Closing Arguments
The three defense counsel collectively argued that their clients had deferred to the judgment of Chauvin, the senior officer on the scene; that their attention had at times been diverted from Floyd's deteriorating condition; and that restraining Floyd was necessary because he had taken fentanyl and earlier had refused to get into the back of a squad car after being accused of using a counterfeit $20 bill to buy a package of cigarette.
Defense counsel also argued that the prosecution had made misleading arguments and that this case had been brought because of political pressure.
Lane's attorney noted that he had asked Chauvin if they should roll Floyd onto his side and thus had not been charged with failure to intervene. In addition, when paramedics had arrived, Lane told them that Floyd was unresponsive and then Lane rode with Floyd in the ambulance and applied chest compressions.
Kueng's attorney said the crowd of bystanders had created an unusual and hostile situation.
Prosecution Rebuttal
Another Assistant U.S. Attorney, LeeAnn Bell, emphasized that the key to the case was a police officer's duty: "In your custody, in your care."
[1] Mannix & Olson, In closing arguments at trial of three former Minneapolis officers, attorneys spar over 'willful intent,' StarTribune (Feb. 22, 2022); Mannix, Defense of former officers puts Minneapolis 'paramilitary' training on trial, StarTribjne (Feb. 22, 2022); Barrett, Prosecutor Says Ex-Officers 'Chose to Do Nothing' in Floyd arrest, W.S.J. (Feb. 22, 2022);
Posted on February 24, 2022 February 24, 2022 Categories Law, PoliticsTags Derek Chauvin, George Floyd, J. Alexander Kueng, Leann Bell, Manda Sertich, Thomas Lane, Tou ThauLeave a comment on Federal Criminal Trial for Killing George Floyd: Closing Arguments


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Republican Desecration of the Benghazi Dead is the Scandal
May 12, 2013 By Baron Von Compos Mentis in Our Ungentle Politics Tags: Benghazi, hearings, House of Representatives, libya, news, Obama, political, politics, Republicans, scandal Leave a comment
More or less typifying the flesh-eating cynicism that has spread through today's Republican Party like an unchecked contagion, Mitt Romney hustled to a microphone and cameras after the reports of an attack on the American consulate in Benghazi like a salesman with a parcel of fresh leads on potential buyers for lousy Boca Raton real estate to a telephone, and proceeded, confused about his basic facts and wrong, to allege President Obama guilty of scandalous malfeasance.
Keeping a stiff upper lip against his overwhelming grief, or perhaps girding to prevent a grin from breaking out across his face betraying his excitement, Romney accused the president of, "sympathizing with those who waged the attacks," followed shortly thereafter by Republican Party chairman, the not-so-fresh prince Reince Priebus tweeting, "Obama sympathizes with attackers in Egypt. Sad and pathetic."
These immediate responses from these two bargain basement knock-offs of actual human beings tell you all you need to know about Republican priorities in the aftermath, and those priorities could not have been further from attacks on American consulates, or the deaths of Americans abroad, or from diplomatic security concerns, but were in fact from the very beginning conspicuously an opportunity to assail the president they have loathed with mind-altering malignance.
This spectacle surely was the most callous use of dead American bodies since soldiers' corpses were dragged through the streets of Mogadishu, this one evoking a similar air of ghastly celebration by Republicans. The rapidity of Republicans' nonsensical, utterly frivolous calls for impeachment was only further evidence of the demented meretriciousness of their sordid enterprise from the very start.
The project by Republicans for years to manufacture a scandal to somehow balance the parade of Republican scandals from Watergate to Iran-Contra has been a busy one, futilely attempting to conjure crimes to somehow balance things out or to even the score. The number of times Republicans have alleged a new Democratic scandal "worse than Watergate" have piled up to such a level an accurate computation would require a mainframe. To understate it by who knows how much, Benghazi is just another example.
The record will show that unlike the 13 foreign attacks similar to Benghazi which occurred under the reign of George W. Bush unremarked by these very same Republicans much in the same way rising deficits and national debt went unremarked by Republicans while Republicans were piling them up, with expenditures and tax cuts during the same era, Republicans were afire with calls for investigations and document dumps and accountability this time. If only they could have remained so unbothered this go around, our morally malfunctioning colossuses of transparently sleazy hypocrisy unable to conquer their genetic predisposition once again.
These would be the same hypocritical humbugs who, lathered up in radical anti-government rectitude earlier voted emphatically against funding for diplomatic security abroad. Unsurprising behavior by those who spend three quarters of their time spouting disdain for their own American government, always in full dudgeon against every expenditure unrelated to corporate subsidies or tax advantages for the rich.
Indeed Republican members of congress are fully correct, that the time has in fact come to seriously consider impeachment. Impeach this malodorous coagulation of buffoons before their bad faith, cynicism, radicalism and nihilism damage the nation beyond repair.

redpajama_set_name: RedPajamaCommonCrawl


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VIERI TOSATTI (1920-1999): Deutsche Sonate, 7 preludi e fughe, 3 Studi da Concerto, GIACINTO SCELSI (1905-1988): Piano Sonata.
Label: Carnegie Mellon University School of Music
Description: This is an important release, both for its intrinsic musical merits, which are considerable, and for the light it sheds (and does not shed) on the relationship between the enigmatic figure of Scelsi and the now almost unknown one of Tosatti. The eccentric, self-taught Scelsi's working methods were always unusual, even in his early period (from which this fine sonata, recently premiered and receiving its first recording here, comes). Increasingly impatient with the mechanical processes of writing down music, he tended to leave works in incompletely notated form, and this tendency became far more pronounced in his later compositional periods, those of his mystical, highly unorthodox works which did not readily admit of conventional notation in any case, and which Scelsi often improvised on primitive multi-track electronic instruments, producing tapes which he then turned over to assistants to realise into performable form. Principal among these collaborators - hired help effectively - was Vieri Tosatti, an accomplished composer with a modestly successful career and some originality of style - he was primarily known for his operas, which had been performed in major opera houses. The composers worked together for almost thirty years, apparently with the stipulation that only Scelsi's name be attached to the resulting compositions. The year after Scelsi's death, Tosatti published a notorious article debunking the Scelsi mythos, effectively claiming that the emperor had no clothes, Scelsi's tapes were so much haphazard doodling, and whatever musical value the resulting 'compositions' might have had was attributable solely to him. So the opportunity to compare the composers' works on a level playing field is valuable. Tosatti emerges as a thoroughly worthwhile composer, whose rediscovery, aside from the Scelsi connection, was demonstrably due. There is not a trace of the kind of wildly alternative approach to composition that marks the collaborative Scelsi works, but these are finely wrought, expressive pieces, rather conservative for the 1970s but well written for the instrument, structurally cogent and with a convincing musical argument. The taut, three-movement sonata reflects the composer's feelings for German culture from an Italian perspective, a characteristic he shared with Busoni, with whose music Tosatti's has some slight similarities. The first movement, emphatic and agitated, begins with a quotation from Beethoven. The second is in variation form, a set of woodland and meadow scenes, melodic and pastoral, while the finale is a ghostly night-ride. The seven Preludes and fugues are more straightforwardly tonal, sounding like personal reflections on musical memories - a specific mode, a theme from one of the composer's operas, a tribute to Bach (using the BACH motif). The Tre studi are earlier, extrovert wartime bravura studies by a young pianist-composer confident in his abilities. Scelsi's substantial (25-minute) sonata is less formally accomplished than Tosatti's, and reflects the composer's interest in the outer reaches of tonality explored by Berg or the late Scriabin. The first movement is free in form, with complex development of thematic material; the second is an imposing slow passacaglia, while the finale is a complicated, formally free fugue. The work abounds in virtuosic gesture - Scelsi was a considerable pianist - and among Scelsi's 'conventional' works it takes its place as a powerful, accomplished example of his imaginative and technical powers. Donna Amato (piano).


Theatre Passe Muraille and Equity in Theatre have joined forces on a series of post-show discussions about equity and diversity issues in Canadian theatre.
We are holding our third and final Talkback session after the evening show of Donna-Michelle St. Bernard's Sound of the Beast on May 6th, 2017.
Focusing on the topic of "Women and Authority," the talkback will feature Donna-Michelle St. Bernard and three special guest artists who will speak to their encounters with authority and their responses to those experiences. Rebecca Burton will be moderating. The panel discussion will address preemptive acts of self-defense and other survival strategies that practitioners work into their artistic and theatrical activities.


This is a playlist from YouTube. Currently there are seven videos in this list. I am going to be (in a way) doing a little experiment to see if when I add an eighth video that hopefully it will be automatically added without me having to come back to this. But I will most likely add the 8th as a separate entry. I will also be posting each of these 7 later, but for efficiency I think this is the quickest.
And besides, I love doing little experiments - - - just to see what happens. While putting in one of my favorite albums of music I noticed that I had spelled the name of the album incorrectly. LiveJournal faithfully pulled up my INCORRECT spelling. I hope next time I will be able to select the correct name. I am going to assume that the wrong spelling will be there as a selection, but that is another test that I will find out what happens.
The total duration for these seven videos is about 1 and 3/4 hours long.
Personal property damages for dwellings in Los Angeles, CA 90057 from upstairs people were water and other of my property are being ruined! I have personal photos, antique cameras. Music, computer, photography books and magazines as well an my wallet that is made of leather with the Air Force logo on it. WATER DAMAGES and Microwave Ovens!


Pangolins are the world's most trafficked mammals. With high levels of hunting and poaching for the illicit trade in their meat and scales (for traditional medicines in Asia – primarily in China and Vietnam), there has been a dramatic decrease in pangolin populations over the last 15 years. Deforestation of their natural habitats is also an issue.
Funds from your adoption will support our work at Sangha Lodge in the Central African Republic. The lodge is working to help wildlife in need, caring for animals and supporting the community. Your adoption will also support our ongoing camapign to raise awareness of the plight of wild pangolins, plus investigations into illegal poaching and the illicit trade in pangolin by-products. You can help ensure the future of wild pangolins by adopting Pangi below.
Pangi was only young when she was found dehydrated and underweight. Following her rescue she gradually recovered and is now cared for in a small eco-lodge in the Central African Republic.
Help us care for wild pangolins.