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More than two years after the murder of George Floyd, the third and likely final trial over the police killing began Monday in Minneapolis.
Who is on trial? Former officer Tou Thao and J. Alexander Kueng are charged with aiding and abetting both manslaughter and murder in Floyd’s death. They are already serving time on federal convictions of violating Floyd’s civil rights.
Latest news: Just as jury selection was beginning Monday, Kueng pleaded guilty to aiding and abetting second-degree manslaughter. Previously, both men rejected a plea deals in their state case.
When is the trial? After several delays, jury selection was set to begin Monday. Opening statements are set for Nov. 7 in Hennepin County Court.
The trial marks the beginning of the end of the legal battles over Floyd’s death, which sparked global protests against policy brutality and racial injustice. Here’s what we know:
What are Kueng and Thao charged with?
The former officers are charged with aiding and abetting second-degree manslaughter and murder in Floyd’s death.
Kueng was seen in bystander videos helping restrain Floyd as former officer Derek Chauvin knelt on his neck for more than nine minutes during the attempted arrest May 25, 2020. Thao kept bystanders away as Floyd, who was handcuffed and lying flat on his stomach, repeatedly said, “I can’t breathe” as former officer Derek Chauvin knelt on his neck for more than nine minutes during the attempted arrest May 25, 2020.
If convicted, here’s what the sentencing could look like:
- On aiding and abetting murder: Maximum 40 years. For someone with no criminal history, the recommended sentence is between 10½ and 15 years.
- On aiding and abetting manslaughter: Maximum 10 years, but recommended sentence for someone without criminal history is about 3½ to 4 years.
Charges are rare, experts say
Chauvin was convicted of murder last year. While the charges and conviction of Chauvin were rare, legal experts say the prosecution of the officers who failed to stop him is even less common.
Prosecutors don’t need to prove Thao intended to kill Floyd, only that he were was committing a violent crime and disregarded the substantial risk of great bodily harm when Floyd died, said Richard Frase, a professor emeritus at the University of Minnesota Law School.
The jury will likely hear much of the same evidence and testimony that was presented by the state during Chauvin’s trial, including video of Floyd’s arrest.
What happened to the other officers?
Thomas Lane: The former officer was sentenced to three years in prison Sept. 21 after pleading guilty to aiding and abetting second-degree manslaughter. He held down Floyd’s legs during the arrest.
Derek Chauvin: He was convicted on state charges of murder and manslaughter as well as federal charges of violating Floyd’s civil rights. He’s serving the 22½ -year state sentence concurrently with a 21 year-federal sentence. Chauvin has appealed the state conviction, though it is unlikely he’ll succeed (90% of appeals are denied across the United States).
It’s unlikely Chauvin would be called to testify against Thao because his appeal is still pending, but it’s likely the defense will again attempt to place the blame on him, said Frase.
Where does the officers’ federal case stand?
Thao, Lane and Kueng were sentenced earlier this year after being convicted in federal court of violating Floyd’s civil rights in February. Kueng was sentenced to three years, Thao to 3½ years and Lane was sentenced to 2½ years.
After the civil rights conviction, Lane took a plea deal on his state charges, which allows him to serve his state sentence in federal prison.
Why was the trial delayed?
The former officer was supposed to stand trial with Chauvin, but Hennepin County Judge Peter Cahill separated the trials because of COVID-19 restrictions and postponed them to allow the federal case against the former officers to proceed. The trial was postponed again and set to begin in June, but Cahill delayed the trial once more to protect the defendants’ right to a fair trial citing publicity around Lane’s guilty plea and the federal civil rights conviction of Thao, Kueng and Lane.
Will the trial be livestreamed?
Although Chauvin’s trial was livestreamed, Cahill ruled that cameras will not be allowed in the courtroom again because the COVID-19 pandemic is not as severe. The Minnesota Supreme Court is in the process of determining whether to permanently allow cameras in the courtroom.
CHAUVIN VERDICT:Derek Chauvin will likely appeal his guilty verdict in George Floyd’s murder. But the odds aren’t good.
Floyd’s death sparked changes in Minneapolis policing. What’s next?
A state investigation launched in the wake of Floyd’s murder found the Minneapolis Police Department engaged in a pattern of racial discrimination. Human Rights Commissioner Rebecca Lucero hoped to negotiate a consent decree with the city to foster more systemic change.
The Justice Department is also conducting a federal investigation into policing in Minneapolis, which is not yet close to a conclusion. Investigators are examining use of force, misconduct allegations and the department’s accountability measures.
Since Floyd’s death, city leaders have made a number of changes to the department’s policies and practices including banning no-knock warrants in most situations. City Council members and residents pushed to replace the department with a public safety unit, but voters rejected the proposal last year.
Contributing: The Associated Press
Contact Breaking News Reporter N’dea Yancey-Bragg at nyanceybra@gannett.com or follow her on Twitter @NdeaYanceyBragg
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