MINNEAPOLIS — Minnesota prosecutors and a protection legal professional for one among two former Minneapolis cops who nonetheless face a state trial in George Floyd’s killing have made dueling requests for a brand new trial date, with the state hoping to have a trial as quickly as this summer time, whereas a protection lawyer needs to push it to subsequent spring.
Tou Thao and J. Alexander Kueng are charged with aiding and abetting each second-degree homicide and second-degree manslaughter within the Might 2020 killing of Floyd. Their trial was supposed to begin earlier this month, however Decide Peter Cahill postponed it till Jan. 5, saying that will enhance prospects for a good trial.
However on Friday, state prosecutors requested a speedy trial on behalf of Floyd’s household. Beneath Minnesota legislation, meaning the trial may begin in mid-August. Kueng’s protection legal professional, Tom Plunkett, adopted with a doc filed Sunday that seeks an extended delay – till April – as a result of he has a scheduling battle.
Cahill will maintain a listening to on the problem Tuesday.
Thao and Kueng had been already convicted of federal counts of violating Floyd’s rights. Their former colleague, Thomas Lane, was additionally convicted on a federal rely and pleaded responsible in Might to a state cost of aiding and abetting second-degree manslaughter. All three are free pending their federal sentencing hearings, which haven’t been set.
Apart from citing a statute that requires a speedy trial, state prosecutors gave no further cause for his or her request. However Minnesota Lawyer Common Keith Ellison beforehand mentioned that it was unlucky “for the victims, the witnesses, and neighborhood that the chance to hunt justice has been delayed.”
Plunkett mentioned in his submitting, which was made public Monday, that he mentioned his request for a further delay in a teleconference, however the state mentioned it could not comply with it. Plunkett wrote that Thao’s legal professional, Bob Paule, didn’t object to a different postponement.
Plunkett additionally wrote that there have been two in-chambers conferences – on March 9 and on Might 27 – through which plea negotiations, trial scheduling, and different issues had been mentioned. He mentioned he advised the court docket then that he can be unavailable for trial from January by March.
Cahill additionally presided over final 12 months’s trial of former Officer Derek Chauvin, who was convicted of second-degree homicide and sentenced to 22 1/2 years for kneeling on Floyd’s neck because the Black man mentioned he could not breathe. Chauvin, who’s white, has been in jail since that conviction. He additionally pleaded responsible to a federal civil rights cost.