An attorney for former Minneapolis police officer J. Alexander Kueng is asking a judge to prohibit camera access and public livestreaming of his client's trial next year, an about-face from his previous stance.
Former officer charged in George Floyd death opposes cameras at his trial
Witnesses afraid to testify in defense of J. Alexander Kueng, jeopardizing fairness, his attorney argues.
August 24, 2021 at 10:15PM
Defense attorney Thomas Plunkett filed a motion Tuesday asking Hennepin County District Judge Peter Cahill to order a ban on the technology at Kueng's trial scheduled to begin March 7 in order to preserve his client's constitutional right to a fair trial. Cahill had issued an order last November ordering that the trials of all four former officers charged in George Floyd's death be publicly livestreamed because the COVID-19 pandemic severely limited in-person courtroom attendance due to social distancing protocol.
The weekslong trial in March and April trial of former officer Derek Chauvin was watched live around the world, making witnesses reluctant to testify at Kueng's trial and harming his chances for a fair trial, Plunkett argued.
"Due to the trial of co-defendant Chauvin being televised, Mr. Kueng's right to present a defense in his upcoming trial has been crushed," Plunkett wrote. "The defense is not yet moving for a dismissal or a further continuance based on the television coverage of Mr. Chauvin's trial, but may need to in the future."
The request is a change from Plunkett's previous stance on the issue. Plunkett and attorneys for Chauvin and two other former officers charged in the case had initially asked that Cahill allow the trials to be recorded and broadcast by the media to ensure fairness because several local officials had commented about the case.
Jurors convicted Chauvin on April 20 of unintentional second-degree murder, third-degree murder and second-degree manslaughter.
Kueng, Thomas Lane and Tou Thao are charged with aiding and abetting second-degree murder and manslaughter. The three are scheduled to be tried in one trial next March.
Some witnesses will not cooperate with the defense or are reluctant to testify at trial because of the treatment received by expert witnesses who testified for Chauvin's defense, Plunkett wrote.
Vandals left a pig's head outside the former California home of Barry Brodd, a retired police officer who testified for Chauvin's defense. Blood was also smeared on the home. After former Maryland chief medical examiner Dr. David Fowler testified for Chauvin's defense, the state said it would conduct an independent review of deaths in police custody that occurred during his tenure.
"Multiple expert witnesses have stated they do not want the notoriety that would come from this matter," Plunkett wrote. "Cameras in the Chauvin Courtroom brought us to the dangerous pass where people are deterred from testifying for the defense because they fear the wrath of the crowd."
Plunkett said a livestream of the trial could instead be fed to an overflow courtroom or two to ensure the public and media can attend. Chauvin's trial was publicly livestreamed by several local and national media outlets and archived to their websites.
Lane and Thao's attorneys have not filed any new motions regarding the public livestream. The Minnesota Attorney General's Office, which is leading the prosecution, has objected to cameras in the courtroom.
The four former officers also face charges in federal court for allegedly violating Floyd's civil rights when they arrested him on May 25, 2020. Chauvin knelt on his neck for more than nine minutes while Kueng and Lane held his body stomach-down in the street. Thao kept a group of angry bystanders at bay.
Chao Xiong • 612-270-4708
Twitter: @ChaoStrib
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