Good morning.
Arraignment in the federal civil rights cases against Derek Chauvin and the three other officers with him on the day of George Floyd's death is beginning.
I'll be covering virtually for @LawCrimeNews.
ICYMI: Story on the indictment lawandcrime.com/live-trials/li…
Arraignment in the federal civil rights cases against Derek Chauvin and the three other officers with him on the day of George Floyd's death is beginning.
I'll be covering virtually for @LawCrimeNews.
ICYMI: Story on the indictment lawandcrime.com/live-trials/li…
Magistrate Judge Leung presides.
DOJ's lawyers are Manda Sertich and Samantha Trepel.
Eric Nelson reps Derek Chauvin, who confirmed his *virtual* presence through a static-filled feed.
Other officers are appearing through counsel as well.
DOJ's lawyers are Manda Sertich and Samantha Trepel.
Eric Nelson reps Derek Chauvin, who confirmed his *virtual* presence through a static-filled feed.
Other officers are appearing through counsel as well.
All of the defendants consent to proceeding virtually via video, given the COVID-19 pandemic.
Judge Leung proceeds with arraignment.
Judge Leung proceeds with arraignment.
Asked how he pleads, Chauvin responds: "Not guilty, your honor."
Officer Thao up next:
"Not guilty."
"Not guilty."
Officer Kueng pleads not guilty.
Thomas Lane pleads not guilty, too.
That makes all pleas of not guilty.
That makes all pleas of not guilty.
Here is a developing story on the arraignment portion of the proceedings, which have now turned to motions.
https://twitter.com/lawcrimenews/status/1437799583032164353?s=20
Judge mutes Chauvin's line because of background noise in his location.
He is incarcerated in Minnesota's Oak Park Heights correctional facility, records show.
He is incarcerated in Minnesota's Oak Park Heights correctional facility, records show.
Defense asks for the government to produce witness list 30 days before trial.
The parties are slogging through various pre-trial motions concerning discovery, such as experts, witnesses, electronic surveillance, and Brady material.
(Brady is material perceived to be helpful to the defense.)
(Brady is material perceived to be helpful to the defense.)
Also:
Chauvin has been charged separately in federal civil rights case accusing him of putting his knee on the neck of a 14-year-old and hitting that minor “multiple times in the head with a flashlight.”
Arraignment in that case will take place on Thursday.
Chauvin has been charged separately in federal civil rights case accusing him of putting his knee on the neck of a 14-year-old and hitting that minor “multiple times in the head with a flashlight.”
Arraignment in that case will take place on Thursday.
The three other officers want to sever their cases from Derek Chauvin's.
Before oral argument begins on that point, the judge says he will order further briefing on that issue.
Before oral argument begins on that point, the judge says he will order further briefing on that issue.
Tou Thao's attorney Robert Paule is up first.
U.S. Magistrate Judge Tony N. Leung appears skeptical of the motion.
"The rules do allow the court to sever where there is prejudice," Paule says, calling that risk "grave" in his client's case.
U.S. Magistrate Judge Tony N. Leung appears skeptical of the motion.
"The rules do allow the court to sever where there is prejudice," Paule says, calling that risk "grave" in his client's case.
Paule argues that there will be much evidence that would be brought in to play with Chauvin than would come in with Thao alone.
He cites the "sheer amount of publicity in cases involving in police brutality across the nation" but also specifically in this case.
He cites the "sheer amount of publicity in cases involving in police brutality across the nation" but also specifically in this case.
Paule recognizes that joinder is the norm in federal cases, but he says that this case should be one of the exceptions allowing severance.
Lane's lawyer Earl Gray says his client shouldn't "branded" with Chauvin's murder conviction.
"Here the jurors will know that this Chauvin guy, who's sitting there with him, has already been convicted of murder."
"If this isn't substantial prejudice, my goodness!"
"Here the jurors will know that this Chauvin guy, who's sitting there with him, has already been convicted of murder."
"If this isn't substantial prejudice, my goodness!"
Gray:
"Are we gonna be presumed innocent of this charge? I doubt it."
Judge questions whether the visual of his client alongside Chauvin can be helped.
"This case, we have videos that captures much if not most of the events in question."
"Are we gonna be presumed innocent of this charge? I doubt it."
Judge questions whether the visual of his client alongside Chauvin can be helped.
"This case, we have videos that captures much if not most of the events in question."
DOJ attorney notes that any juror will know about Chauvin's murder conviction regardless of whether he's present with the co-defendants in court.
She adds that the jurors will know that the federal case isn't a murder trial.
Arguments over.
Judge Leung orders further post-hearing briefing. They go off-the-record to discuss scheduling matters.
The substantive portion of the hearing has concluded.
Judge Leung orders further post-hearing briefing. They go off-the-record to discuss scheduling matters.
The substantive portion of the hearing has concluded.
Adjourned.
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