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interests / alt.law-enforcement / Re: Former cop's plan to testify could throw wrench into federal trial over George Floyd's death: Experts

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Re: Former cop's plan to testify could throw wrench into federal trial over George Floyd's death: Experts

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Subject: Re: Former cop's plan to testify could throw wrench into federal
trial over George Floyd's death: Experts
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Date: Thu, 3 Feb 2022 15:18:07 -0500
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On 2/3/2022 2:52 PM, Leroy N. Soetoro wrote:
> Former cop's plan to testify could throw wrench into federal trial over
> George Floyd's death: Experts
>
> One of the three former police officers being tried on federal charges
> stemming from George Floyd's death plans to testify in his own defense,
> but legal experts said the decision announced this week by Thomas Lane's
> attorney is fraught with risk and might pressure the other defendants to
> do the same.
>
> Lane's lawyer, Earl Gray, said during his opening statement Monday in U.S.
> District Court in St. Paul, Minnesota, that the 38-year-old former
> Minneapolis police officer plans to take the witness stand in the high-
> profile case.
>
> If Lane testifies, he will be the first former police officer involved in
> the 2020 fatal arrest to publicly speak of his role in the incident. He is
> expected to tell jurors what was going through his mind while he helped
> hold down the handcuffed 46-year-old Black man as his then-senior officer,
> Derek Chauvin, dug his knee into the back of Floyd's neck until he was
> rendered unconscious and lost his pulse.
>
> Chauvin was convicted in Minnesota state court in April of second-degree
> unintentional murder, third-degree murder and second-degree manslaughter.
> He was sentenced to 22 1/2 years in prison.
>
> Chauvin, 45, also pleaded guilty to federal civil rights charges stemming
> from Floyd's death and the abuse of a 14-year-old boy he bashed in the
> head with a flashlight in 2017. He admitted in the signed plea agreement
> with federal prosecutors that he knelt on the back of Floyd's neck even as
> Floyd complained he could not breathe, fell unconscious and lost a pulse.
>
> "If one of them does it, it almost suggests they all have to," Jill
> Huntley Taylor, a veteran jury consultant and trial strategist, told ABC
> News. "If someone testifies and you don't, then how does that look to the
> jury? You're not willing to answer to the charges, but your co-defendant
> is."
>
> Lane and his former police colleagues, Alexander Kueng, 28, and Tou Thao,
> 35, are fighting federal civil rights charges for their alleged roles in
> Floyd's 2020 murder.
>
> All three are charged with using the "color of the law," or their
> positions as police officers, to deprive Floyd of his civil rights by
> allegedly showing deliberate indifference to his medical needs as Chauvin
> kneeled on the back of the handcuffed man's neck for more than nine
> minutes, ultimately killing him.
>
> Kueng and Thao both face an additional charge alleging they knew Chauvin
> was kneeling on Floyd's neck but did nothing to stop him. Lane, who
> appeared to express concern for Floyd's well-being during the encounter,
> does not face the additional charge.
>
> They have all pleaded not guilty.
>
> Attorneys for Kueng and Thao have not said if they will testify.
>
> Former federal prosecutor Neama Rahmani told ABC News that Lane is in the
> best position to testify because he was the only officer captured on
> police body camera footage asking Chauvin and Kueng if they should roll
> Floyd onto his side to ease his breathing.
>
> "Lane, in particular, has the best case because he specifically asked,
> 'Hey, should we turn him over? I'm concerned,'" Rahmani said.
>
> Lane is not expected to testify until after the prosecution rests its
> case.
>
> During his opening statement on Monday, Gray emphasized that Lane was
> "totally concerned and did everything he possibly could to help George
> Floyd."
>
>
> Gray told the jury that Lane was the only officer on the scene who asked
> about rolling Floyd to his side or using a hobble device to restrain him
> instead. He said Lane also voiced his concerns that Floyd was exhibiting
> signs of "excited delirium," a syndrome in which a subject displays wild
> agitation and violent behavior that can sometimes lead to death.
>
> Gray also said Lane was the one who called an ambulance to the scene. He
> said that once the ambulance arrived, Lane was the sole officer to go in
> the ambulance and help the paramedics try to revive Floyd.
>
> "Not deliberatively indifferent about his health at all," Gray said of
> Lane's reactions during the episode.
>
> Gray is the same attorney who represented former Brooklyn Center,
> Minnesota, police officer Kim Potter in her state trial in the killing of
> Duante Wright, a 20-year-old Black man she shot in the chest during a
> struggle when she drew her handgun and fired apparently thinking it was a
> stun gun. Potter, who testified in her trial, was convicted of first-
> degree and second-degree manslaughter and faces a maximum sentence of 15
> years in prison.
>
> The May 25, 2020, police encounter with Floyd, who was accused of using a
> counterfeit $20 bill to buy cigarettes at a convenience store, was
> recorded on video from start to finish and included multiple angles taken
> by bystanders with cellphones, police body cameras and surveillance
> cameras.
>
> The footage showed Chauvin grinding his knee into the back of Floyd's neck
> for 9 minutes and 29 seconds while Kueng helped keep Floyd down even after
> he stopped resisting by placing his knee on the man's back and holding and
> lifting one of his handcuffed hands. Lane, according to the videos, held
> down Floyd's feet.
>
> Both Kueng and Lane were rookie police officers being trained by Chauvin
> at the time of the fatal encounter with Floyd.
>
> Rahmani said Kueng might opt not to take the witness stand because he
> would possibly have a more difficult time explaining why he did nothing to
> stop Chauvin's excessive use of force and why he didn't try to help Floyd.
> Police body camera footage played at Chauvin's trial captured Kueng during
> the incident saying he check Floyd for a pulse and couldn't find one while
> at the same time keeping a knee on Floyd's back to hold him down.
>
> Rahmani said Thao might not want to testify because Minneapolis city
> records show there were six complaints filed against him during his
> roughly 11 years on the force. He was also the subject of a 2017 federal
> lawsuit accusing him and another officer of excessive force. The lawsuit
> was settled for $25,000.
>
> Prosecutors, according to Rahmani, could possibly use Thao's record as a
> police officer to impeach his testimony.
>
> But Brian Buckmire, a New York public defender and ABC News contributor,
> said Lane's decision to take the stand could backfire on him.
>
> "You're going to hear that he's a man of compassion, that he's the one who
> asked to get help for George Floyd, he's the one who wanted to turn him
> over, he's the one who went into the ambulance," Buckmire said. "But in a
> federal case, the federal charges are less about what he did and more
> about what he didn't do."
>
> Buckmire added, "What I would be worried about in the cross-examination is
> the prosecutors asking, 'So, you recognized something was wrong, then why
> didn't you do more?' I think that part of the cross-examination, while it
> may not convict him, it might be very damning."
>
>
>
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