MINNEAPOLIS — Attorneys on both sides laid out opening arguments Monday morning in the civil rights case of three former Minneapolis officers, forecasting a trial that will hinge on what the men thought and saw as Derek Chauvin knelt on George Floyd's neck for more than nine minutes.
In St. Paul's federal courthouse, Assistant U.S. Attorney Samantha Trepel described how Tou Thao, Thomas Lane and J. Alexander Kueng ignored signs of grave distress in the man who they'd taken into custody. They in turn neglected their training and legal obligation to render medical aid as the window to save Floyd's life "slammed shut."
"Here, on May 25, Memorial Day 2020, for second after second, minute after minute, these three CPR-trained defendants stood or knelt next to officer Chauvin as he slowly killed George Floyd right in front of them," said Trepel.
The opening remarks offered for the first time a window into the defense attorneys' arguments for their respective clients, and a revelation that at least Lane plans to testify. In separate opening arguments, the attorneys described a hectic and at times scary situation in which the officers encountered an erratic suspect who ignored or resisted their commands.
Thomas Plunkett, attorney for Kueng, described his client as a "rookie officer" who was failed by the Minneapolis Police Department's inadequate training. He said Kueng saw only what was right in front of him, rather than in the wide-view of bystander video. "That video is not what Alex Kueng saw," said Plunkett. "It's not what Alex Kueng perceived and it's not what he experienced on May 25, 2020."
Signaling a contentious trial ahead, Plunkett called for a mistrial within the first 90 minutes of court, saying Trepel inserted inappropriate argumentative remarks in her opening. Judge Paul Magnson rejected Plunkett's request.
Trepel was first to address the jurors, saying that when police officers take a person into their custody, those officers are responsible for ensuring a person's safety.
"In your custody is in your care," Trepel said. "It's not just a moral responsibility, it's what the law requires under the U.S. Constitution."
Trepel said that "signing up to carry a gun and wear a badge comes with life or death duties," and the officers receive lengthy training on how to spot medical distress and intervene. Instead, the officers made a "conscious choice over and over again not to act."
Thao's attorney, Robert Paule, began opening statements for the defense by calling Floyd's death a "tragedy."
"However, a tragedy is not a crime," Paule said.
Paule told the jury why the officers were at the scene in the first place: to investigate a report of a counterfeit $20 bill. They encountered a suspect who ignored their commands, acted erratically and physically resisted arrest, he said.
When Chauvin showed up, he became the "shot caller," said Plunkett.
Specifically calling out former Minneapolis Police Chief Medaria Arradondo, Plunkett said the "academy training on 'intervention' is little more than a word on a PowerPoint."
To act willfully, he said, it must be proven that Kueng acted with a bad purpose to disobey the law, specifically intending to deprive Floyd of his rights. "Mr. Kueng is not guilty if government fails to show knowledge of specific medical need and deliberate disregard."
Earl Gray, attorney for Lane, described a "scary" situation for the police when Floyd grabbed for what the officers thought could be a gun, saying Floyd was 6-foot-4, 225 pounds and combative. "He was all muscle," Gray said.
He said Lane tried to revive Floyd and expressed repeated concern that they should turn him over. "Not deliberatively indifferent about his health at all."
Concluding his comments, Gray called the state's case against Lane a "perversion of justice."
Chauvin pleaded guilty in December to the federal charges and is now serving a 22 1/2 - year state sentence after being convicted in Hennepin County District Court of murder for kneeling on Floyd's neck for more than nine minutes while detaining him on the pavement at 38th and Chicago.
Jury selection was completed in one day. Twelve jurors and six alternates were selected from a pool of 67 questioned in two groups by U.S. District Judge Paul Magnuson. Because this is a federal trial, the jurors come from all over the state.
The identities of the jurors are not publicly known. The majority appeared to be white. The only Black man in the jury pool said he couldn't be fair and was excused by the judge. The jurors were selected based on responses to a questionnaire sent to randomly selected Minnesotans late last year.
The court does not release their ages or their ethnicity.
Among the 12 main jurors, three are from Hennepin County, two live in Ramsey County and two live in Washington County. There is one juror each from Anoka, Blue Earth, Olmsted, Jackson and Scott counties.
Two of the alternates are from Ramsey County. The remaining four come from Anoka, Hennepin, Nicollet and Olmsted counties.
Thao, Kueng and Lane also are charged in state court with aiding and abetting murder in connection with Floyd's death. Hennepin County District Judge Peter Cahill on Wednesday moved that trial's start date from March 7 to June 13 after defense attorneys and prosecutors asked for a postponement.
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(Minneapolis Star Tribune staff writer Paul Walsh contributed to this report.)
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