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This afternoon I will be covering a court hearing regarding the George Floyd case. The attorneys for the officers are arguing for the judge to remove the gag order. An attorney representing media outlets is arguing for release of the body camera videos that are court exhibits.
The state is opposing both of these things -- arguing that they don't oppose the judge's gag order and regarding body camera footage, could taint the jury pool and has "potential for misuse of the footage in the media"
The hearing begins at 3pm, and you can find the updates here on this thread afterwards.
Former Officer Thomas Lane’s attorney Earl Gray revealed in this hearing that he believes George Floyd swallowed drugs prior to showing his hands to Lane. Gray says that’s why GF doesn’t show his hands and why Lane has to pull his gun.
“It’s probably one of the million reasons he died, was from the fentanol overdose,” Gray said. “He turned his head, put drugs in his mouth, turned back and the drugs couldn’t be seen anymore.”
Gray argued that after the press was allowed to view the body camera video, the press was biased in how they presented what they saw. No mention of the drugs. “the media is substantially unfair against my client”
That’s why Gray wants the body camera video released to the public for copies. An attorney representing a media coalition also argued it should be released under law.
Judge Peter Cahill did not make a decision on the body cameras either way but said he will do so soon.
Concerning the gag order – Judge Cahill vacated it. His main reason, it had an unintended affect of attorneys filing contempt motions against each other and press using anonymous sources.
The judge decided not to hold AG Ellison in contempt for a press release he sent out.
At the end of the hearing, Judge Cahill indicated he is leaning toward wanting cameras in court for the trial. "The court has a concern about the right to a fair trial in the age of COVID" without cameras, he said.
Back to Earl Gray's accusation that George Floyd ingested drugs before getting out of the car, Prosecutor Matthew Frank said it is "another attempt to try this case in the media" - that EG is unhappy with what the media reported.
Now I'll quickly go over a very heated exchange at the beginning of the hearing. Judge Peter Cahill was as mad as I've seen any judge in a long time. It is regarding the media coalition's motion supporting lifting the gag order. Cahill called attorney Leita Walker to the podium
Cahill asked her about a section of the motion where she lists various people seemingly affected by the broad gag order, including these lawmakers:
Cahill demanded to know why those specific lawmakers were named. They are just two of 50 lawmakers in the 4th judicial district. Then Cahill revealed they happen to be his own legislators. “I sense that your media coalition is trying to dox me!” Cahill said, raising his voice.
Walker explained that she didn't know why her assistant chose those two lawmakers when they were putting together the motion. Walker thought it was because they represented this district where the trial is held.
"Your associate picked a small corner of NW Plymouth and picked my personal legislators? As you can tell, it was not appreciated," Cahill said.
Walker said it's possible the associate was reviewing news coverage and they were outspoken?
Walker said it's possible the associate was reviewing news coverage and they were outspoken?
Cahill finished with, "I expect you will file a supplemental brief that will explain why you picked those two!”
He was very angry, in part because of the recent murder of a New Jersey judge's son.
He was very angry, in part because of the recent murder of a New Jersey judge's son.
Re: doxing -- Judge Cahill felt that the media coalition's attorney singled him out as if to say "we know where you live"
Just going back and emptying out my notebook here... on the gag order, Judge Cahill also said he was compelled by the defense's argument that the defense has a right to make public statements to meet negative publicity.
Concerning the motion to hold @AGEllison in contempt - defense attorneys argued his press release was brazen after the gag order, but Judge Cahill said it was fairly innocuous. Not a hard decision for him.
Concerning the body worn camera - Attorney Walker pointed out the same footage should now be publicly available through the AG's office with the MN Data Practices Act since it's been submitted as a court exhibit. Pointing out the public should be able to get it that way now.
Judge Cahill answered her, "Wait about a week, then you won't need to worry about the AG."
Was he signaling that he will release the video within a week?
Was he signaling that he will release the video within a week?
And finally, on Earl Gray's comments that the footage shows George Floyd swallowing drugs while Officer Lane asked to see his hands -- I didn't see that when I viewed the video. But I did not know to look for that so I didn't analyze that part. It looked like Floyd leaned forward
There are good questions, does any of that matter when it concerns the charges the officers face? I'd like to hear defense attorneys weigh in. Does the case come down to the extended hold to the ground, three minutes after Floyd is unconscious? The parties haven't signaled yet.