Prosecution files motions in Kimberly Potter case

The prosecution in the manslaughter trial of former Brooklyn Center police officer Kimberly Potter on Friday filed five motions in the case, including a bid to exclude testimony about the legal history and character of the man she is accused of killing.

Potter is charged with first- and second-degree manslaughter in the shooting death of Daunte Wright, 20, during an April 11 traffic stop in Brooklyn Center. She has said she thought she was holding her Taser and meant only to stun him, but accidentally fired her service revolver.

Minnesota Attorney General Keith Ellison, who is prosecuting the case, announced Sept. 1 that the more serious first-degree manslaughter charge would be added as part of the state's effort to try Potter for "unintentional homicide crimes." Her attorneys, Earl Gray and Paul Engh, have sought dismissal of that charge.

On Friday, the prosecution gave notice that it will:

• Introduce information about how Potter holstered and deployed her Taser in previous confrontations.

• Seek to exclude or limit testimony by defense witness Laurence Miller, a forensic and police psychologist based in Florida, about the psychological aspects of alleged errors like Potter's. The state is arguing that his proffered testimony is "not relevant and would not be helpful to the jury."

• Ask Judge Regina Chu to order that witnesses be sequestered during the trial, with some exceptions.

• Seek to exclude what it calls "improper and irrelevant evidence" about Wright's legal history and character, as well as those of some witnesses. "The defense has made clear its intent to attack Mr. Wright's character and paint him as a lawless individual who is responsible for his own death," the prosecution said in its Friday filing.

• Oppose the defense's effort to dismiss the amended complaint against Potter. "The first-degree manslaughter charge ... is adequately supported by probable cause and warrants due consideration by a jury," the state argues in its filing.

Potter's trial is expected to begin Nov. 30.