A Minnesota judge on Tuesday lifted a gag order in the criminal case against four former officers charged in death of George Floyd, but said he would take under advisement a news media coalition's request to make body camera footage more widely available.
In announcing his ruling, Hennepin County District Court Judge Peter Cahill said he agreed with defense attorneys' arguments that a gag order would be unfair to their clients and limit their ability to defend against negative publicity.
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A Minnesota judge on Tuesday lifted a gag order in the criminal case against four former officers charged in death of George Floyd, but said he would take under advisement a news media coalition's request to make body camera footage more widely available.
Also on Tuesday, Cahill ruled that he would not hold the lead prosecutor in the case, Attorney General Keith Ellison, in contempt of court as two defense attorneys requested. Cahill determined that a statement Ellison made when he announced that additional attorneys would be assisting the prosecution was innocuous and did not violate the gag order.
Cahill made the videos available for in-person, by-appointment viewing only.
Speaking to reporters after the hearing, Walker said: “The media coalition’s view is that there’s a lot of stuff already out there and the public is entitled to a complete picture ... the media can only report a full story if it’s able to see everything and talk to both sides.”
Assistant Attorney General Matthew Frank argued for the prosecution that releasing the body camera footage could have a negative impact on impaneling an impartial jury.
Former Minneapolis police officer J. Alexander Kueng, left, arrives with his attorney Thomas Plunkett for a hearing at the Hennepin County Government Center in Minneapolis, Minn., on Tuesday, July 21, 2020. (Renee Jones SchneiderStar Tribune via AP)
Former Minneapolis Police Officer J. Alexander Kueng, left, enters the Hennepin County Government Center in Minneapolis Tuesday, July 21, 2020, with his attorney Thomas Plunkett, right, for a hearing. Kueng is one of four officers, who were fired after George Floyd’s May 25 death. (AP PhotoJim Mone)
Cahill also said the gag order wasn’t working, adding that certain parties were attempting to “tiptoe around the order," and some media outlets spoke to anonymous sources. The judge said attorneys would still be subject to Minnesota court rules relating to pretrial publicity and professional conduct.
Former Minneapolis Police Officer Tou Thao enters the Hennepin County Courthouse with his attorneys before a motions hearing in Minneapolis on Tuesday, July 21, 2020. A Minnesota judge on Tuesday lifted a gag order in the criminal case against four former officers charged in death of George Floyd, but said he would take a news media coalition's request to make body camera footage more widely available under advisement. (Evan FrostMinnesota Public Radio via AP)
Also on Tuesday, Cahill ruled that he would not hold the lead prosecutor in the case, Attorney General Keith Ellison, in contempt of court as two defense attorneys requested. Cahill determined that a statement Ellison made when he announced that additional attorneys would be assisting the prosecution was innocuous and did not violate the gag order.
Floyd, a Black man who was handcuffed, died May 25 after Derek Chauvin, a white police officer, pressed his knee against Floyd’s neck for nearly eight minutes as Floyd said he couldn’t breathe. Chauvin is charged with second-degree murder, third-degree murder and manslaughter. Three other officers who were at the scene, Tou Thao, Thomas Lane and J. Kueng, are charged with aiding and abetting both second-degree murder and manslaughter. All four officers were fired.
Police body camera videos were filed with the court this month by Lane’s attorney, Earl Gray, as part of a request to have Lane’s case dismissed. Gray said he wanted the videos to be made public— prompting Cahill to issue the gag order barring attorneys and parties from discussing the case.
Former police officer Thomas Lane walks through security as he arrived for a hearing at the Hennepin County Government Center in Minneapolis, Minn., on Tuesday, July 21, 2020. (Renee Jones SchneiderStar Tribune via AP)
Cahill made the videos available for in-person, by-appointment viewing only.
Leita Walker, an attorney for the news media coalition which includes The Associated Press, and Gray both argued Tuesday for wider dissemination of the body camera footage. Walker said making the footage widely available would not further harm the court’s effort to impanel a jury because the public already has access to bystander video, transcripts of the footage and reporting by press who watched the videos.
“This case has international interest. To expect every member of the media to fly to Minneapolis and schedule an appointment ... during quarantine is a de facto sealing,” Walker told the judge.
Former Minneapolis police officer Tou Thao, right, arrives with his lawyer Robert Paule, left, for a hearing at the Hennepin County Government Center in Minneapolis, Minn., on Tuesday, July 21, 2020. (Renee Jones SchneiderStar Tribune via AP)
Speaking to reporters after the hearing, Walker said: “The media coalition’s view is that there’s a lot of stuff already out there and the public is entitled to a complete picture ... the media can only report a full story if it’s able to see everything and talk to both sides.”
Gray argued in court that the news media has been unfair to his client, and body camera footage would clear up some misrepresentations. He said the body camera footage shows Floyd stuffed counterfeit bills in his car seat and put drugs in his mouth. Regarding the drugs, Gray said: “That’s probably why he died.”
Two AP writers who viewed the body camera footage at the courthouse last week did not see Floyd put drugs in his mouth, as Gray described.
Former Minneapolis police officer Tou Thao, right, arrives with his lawyer Robert Paule, center, for a hearing at the Hennepin County Government Center in Minneapolis, Minn., on Tuesday, July 21, 2020. (Renee Jones SchneiderStar Tribune via AP)
Assistant Attorney General Matthew Frank argued for the prosecution that releasing the body camera footage could have a negative impact on impaneling an impartial jury.
The issue of whether audio and visual coverage of the trial will be allowed was also discussed at the hearing. The defendants’ attorneys made no objection. Frank said prosecutors will weigh in on that issue by day's end Monday.
Mohamed Ibrahim is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
Former Minneapolis police officer Tou Thao, left, leaves the Hennepin County Courthouse with his attorney Robert Paule after a motions hearing in Minneapolis on Tuesday, July 21, 2020. A Minnesota judge on Tuesday lifted a gag order in the criminal case against four former officers charged in death of George Floyd, but said he would take a news media coalition's request to make body camera footage more widely available under advisement. (Evan FrostMinnesota Public Radio via AP)
Former Minneapolis police officer J. Alexander Kueng, left, arrives with his attorney Thomas Plunkett for a hearing at the Hennepin County Government Center in Minneapolis, Minn., on Tuesday, July 21, 2020. (Renee Jones SchneiderStar Tribune via AP)
Former Minneapolis Police Officer J. Alexander Kueng, left, enters the Hennepin County Government Center in Minneapolis Tuesday, July 21, 2020, with his attorney Thomas Plunkett, right, for a hearing. Kueng is one of four officers, who were fired after George Floyd’s May 25 death. (AP PhotoJim Mone)