Three fired Minneapolis cops charged with violating George Floyd's civil rights want their trials separated from Derek Chauvin, who was found guilty of his murder
Former Minneapolis police officers J. Alexander Kueng, Thomas Lane and Tou Thao, all of whom were present during Floyd's death
Three former Minneapolis police officers charged with violating George Floyd's civil rights are asking for federal trials separate from Derek Chauvin, who already was convicted on state murder charges.
Attorneys for J. Kueng and Tou Thao said in court filings Tuesday that their clients would be unfairly prejudiced if they went to trial alongside Chauvin.
An attorney for Thomas Lane filed a motion asking to join in his co-defendants' request.
Keung's attorney, Tom Plunkett, said evidence against Chauvin would confuse the jury and deprive Kueng of his right to a fair trial.
He also said there is a conflict of interest due to Chauvin's level of culpability in Floyd's death, saying 'the jurors will not be able to follow the Court's instructions and compartmentalize the evidence as it related to Mr. Kueng.'
Alexander Kueng arriving into court
Former Minneapolis Police officer Tou Thao exits the Hennepin County Government Center, after a courthouse appearance, on July 21, 2020
Thomas Lane arriving into court. A federal grand jury indicted Chauvin, Kueng, Thao and Lane in May, alleging they violated Floyd's rights while acting under government authority
A federal grand jury indicted Chauvin, Kueng, Thao and Lane in May, alleging they violated Floyd's rights while acting under government authority as Floyd was restrained face-down, handcuffed and not resisting.
The four officers also were charged in state court, where Chauvin's trial was eventually separated from the others due to space restrictions during the COVID-19 pandemic.
Chauvin was convicted of murder and manslaughter, and was sentenced to 22 and a half years in prison. The other three former officers face state trial next March on aiding and abetting counts.
Floyd, 46, repeatedly said he couldn't breathe as Chauvin pinned him to the ground on May 25, 2020.
Thao can be seen pictured blocking off bystanders from Chauvin as he continued to kneel on Floyd's airwaves
Kueng and Lane helped restrain Floyd; Kueng knelt on Floyd´s back, and Lane held Floyd's legs.
Thao held back bystanders and kept them from intervening during the nine- minute restraint captured on bystander video and led to worldwide protests and calls for change in policing.
The federal indictment alleges Chauvin violated Floyd's right to be free from unreasonable seizure and from unreasonable force by a police officer.
Thao and Kueng are charged with violating Floyd's right to be free from unreasonable seizure by not intervening to stop Chauvin as he knelt on Floyd's neck.
All four officers are charged for their failure to provide Floyd with medical care.
The requests to separate the trials were filed along with several other routine requests on Tuesday.
Former US police officer Derek Chauvin has been jailed for 22-and-a-half years for murdering George Floyd in Minneapolis last year
Floyd, 46, repeatedly said he couldn't breathe as Chauvin pinned him to the ground on May 25, 2020
Bob Paule, an attorney for Thao, said he also wanted his client's trial separated from Chauvin's, but his filing suggests he wants to separate Thao's trial altogether, saying, 'The jury will have insurmountable difficulty distinguishing the alleged acts of each defendant from the alleged acts of his co-defendants.'
Paule said Thao's Fifth Amendment right to not incriminate himself would be in jeopardy if the trials were held together.
'Mr. Thao will obtain a fair and more impartial trial he is tried separately from his co-defendants,' Paule wrote.
The officers are scheduled to be arraigned on Sept. 14. A trial date has not been set.
Chauvin is also charged in a separate federal indictment alleging he violated the civil rights of a 14-year-old boy in 2017.
