MINNEAPOLIS — Two of three former Minneapolis police officers have confirmed that they intend to testify when the defense lays out its case in the federal civil rights trial for the death of George Floyd.
J. Alexander Kueng and Tou Thao said in court late Monday afternoon that they plan to take the witness stand. Although Thomas Lane signaled an intent to testify earlier in trial, his attorney Earl Gray now says they want to think about it overnight. The ex-officers' defense will begin its case Tuesday.
Earlier Monday, a University of Virginia use-of-force expert began the fourth week of testimony Monday in the federal civil rights trial of three former Minneapolis police officers by saying the men failed in their duty to care for Floyd.
Timothy Longo Sr., associate vice president for safety and security at the university in Charlottesville, said the conduct of the officers in restraining Floyd prone on the ground was "inconsistent with generally accepted police practices."
Longo, also a veteran of the Baltimore Police Department, found fault with the officers' decision to put Floyd stomach-down on the ground, their failure to sit or stand him up and their failure to provide medical aid when he stopped breathing and showed no pulse.
Kueng, Lane and Thao are accused of violating Floyd's constitutional right to be free from unreasonable seizure. The three are accused of failing to render aid to Floyd. Thao and Kueng are also charged with failing to intervene on Floyd's behalf to stop former Officer Derek Chauvin's illegal restraint.
Their trial began with jury selection Jan. 20 and is in its fourth week of testimony. The prosecution was expected to rest Monday then the three defendants will have an opportunity to present their case.
Officers Kueng and Lane were first to the scene May 25 when a clerk at Cup Foods in South Minneapolis called 911 to report Floyd for passing a suspected counterfeit bill to buy cigarettes. Thao and Chauvin arrived as Kueng and Lane attempted to get a handcuffed Floyd into their squad SUV.
Chauvin pinned Floyd's neck under his knee for more than nine minutes while Kueng held his midsection and Lane held his legs. Thao monitored a crowd of angry bystanders on the curb. Chauvin already was convicted of murder in state court last year and pleaded guilty to federal civil rights violations in December.
Longo said he reviewed Floyd's arrest from the perspective of every officer as well as a surveillance camera. He said he was not paid for his testimony. Longo covered familiar ground with experts already having testified about how the restraint of Floyd violated general police and medical policies and practices.
On cross examination, the defense attorneys worked to show that despite not being paid, Longo has close ties to the U.S. Department of Justice as well as Hennepin County prosecutors in Minneapolis. He previously testified for the prosecution in the case against former Minneapolis police Officer Mohammed Noor in the death of Justine Ruszczyk Damond in 2017.
He also testified for the defense of two Baltimore police officers in the 2015 death of Freddie Gray in the back of a police van.
In a direct manner and tone bordering on exasperation, Longo talked about the how duty of an officer to care for a restrained subject is "absolute" because they're no longer able to take care of themselves.
When another officer is using excessive illegal officer, the others have a duty to take "affirmative steps, to do something" to "stop the behavior," he said, adding that the three on the scene with Chauvin failed in that duty.
We've taken an oath to "uphold the law, to protect people, particularly to protect people who can't protect themselves," Longo said.
In one of the loudest, dramatic moments of the trial defense attorney Earl Gray, who represents Lane, yelled at Longo as probed him about what Lane was supposed to have done.
Lane twice asked about rolling Floyd on his side and was rebuffed by Chauvin ignoring him or saying no. Longo said asking to roll Floyd wasn't taking action.
Gray pressed on, loudly asked whether Lane was supposed to have picked up Chauvin and tossed him aside to start CPR on Floyd.
Longo said "they could have put a man who was unresponsive on his side" and "no one asked Chauvin to get his knee off his neck."
Gray continued, "They asked to roll him over twice did they not? That was my client. Welcome to Minnesota, I'm done."
The defense has argued that Chauvin was the senior officer on the scene, "the shot-caller," but Longo said the duty to intervene isn't dependent on rank or experience. "It's a responsibility of everyone that's there to do something," he said.
He also testified about the appropriate force that can be used on a suspect, saying "only enough to accomplish the objective" and factors would include whether the seriousness of the crime, person was a threat, environmental conditions and others at the scene.
He testified that he didn't see any indication that Floyd posed a threat and that Floyd simply didn't want to get into the squad car because he was scared and having trouble breathing.
Longo said force must be proportionate to a suspect's resistance and that must be adjusted constantly, he said, adding that he found Chauvin's actions "wholly contrary" to generally accepted police use of force policies.
"When someone is put on the ground, it's because they can't be controlled on their feet," Longo said, adding that the prone position is "inherently dangerous" particularly when a person is handcuffed because it can be difficult to breathe and they must be moved to their knees or feet "as quickly as possible."
"I don't know why he was put on the ground," Longo said. "I could not see an objective reason to have placed him on the ground."
Longo said Floyd wasn't resisting, he's looking for behavior trying to overcome officers, but Floyd was just trying to get off his stomach. "I didn't see any evidence of resistance," he said.
On cross examination, Paule noted that Longo testified in the Freddie Gray case that it was dangerous for the officer to enter the back of the van where Gray was cuffed with his legs tied. "Your testimony is George Floyd didn't pose" a threat to those officers, Paule said, but added, "People do get out of restraints, particularly handcuffs."
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