The motion hearing for the former MPD officers charged with killing George Floyd will begin at 9am. Follow this thread for live tweet details throughout the day. @kare11

There will be a number of issues important to the case argued today. The judge posted an itinerary

Important to note two things.. the motion to dismiss the charges will *not* be argued today. And Judge Peter Cahill wrote that he will take these issues under advisement, which means not announcing a decision here on the spot. He said Oct 15 is when he hopes to have them ready

When I arrived at court prior to 730a, there were about a dozen protesters outside already. I can hear them from inside, chanting "No justice, no peace." I am stationed in a media room watching the proceedings on a monitor. Courtroom seating is extremely limited b/c COVID

The good thing about my current accommodations is that I can live tweet. In past hearings in this case, I have taken notes throughout and then posted a flurry of tweets as soon as the hearing is over.

In my opinion, the joint trial issue will be the biggest thing argued today. It favors the state much more to hold the trials together as one. It favors the defense to hold the trials separately, allowing the fmr officers to better fan out their responsibility.

The possibility exists that Judge Cahill splits it into two trials, Chauvin and Thao in one and Lane and King in another... or Chauvin separate and Thao-Lane-King in another. Four separate trials would take several months in 2021 to complete but that is a possibility.

This is a look at the crowd of protesters outside the courthouse

Today @AGEllison is attending the hearing in person. Previously, lead prosecutor Matt Frank has handled everything. Will be interesting to see if Frank does all the arguments. Ellison also added prominent national attorney @neal_katyal to the case.

The hearing is about to begin. All the defendants are here in person, including Derek Chauvin. They are socially distanced in the courtroom, sitting at separate tables with their attorneys.

Judge Cahill begins by saying he will not make a decision today whether the charges will be dropped.

He asks that no one "read into" the fact the rest of the motions will be argued.

If he ends up dropping charges, obviously these other motions would be moot.

But he says don't read into anything.

Assistant AG Matthew Frank begins arguing that the trials be joined, and held together.

He says the officers were:
1. Present on the scene together
2. Acted together.
3. Caused GF's death together.

Frank says the four factors needed to be considered by law in joinder motions all point toward a joint trial
1. nature of offenses charged
2. impact on victim and eyewitnesses
3. potential prejudice to defendant
4. interests of justice

Frank argues that the defenses posed by the defendants are not "antagonistic." He says they are arguing their level of force was reasonable and that George Floyd overdosed

For factor 2 - Frank says putting eyewitnesses and GF's family through four separate trials is traumatizing

Factor 4 - Interest of justice
"The length of separate trials would delay justice for months if not years," Frank said.

Also argues four trials would burden the court, taking resources for other cases that need to be tried.

Frank also argues that the later trials would be difficult because possibly witnesses could become unavailable and it gets harder for jury as the publicity accumulates with each trial.

Judge Cahill questioning Tou Thao's attorney Robert Paule.. "the bulk of the majority of the evidence, isn't it similar?"

Paule says if his client has his own trial -- there would be different evidence.

"there are going to be side attacks" if the trials are held together, Paule says.

Arguing "interest of justice," Paule said the state shouldn't make the argument that in separate trials, verdicts would taint the jury for later trials- because Paule says the state has contributed to tainting the jury pool with public statements.

Concening Thao -- Paule said he never touched George Floyd and that itself makes the case different compared to other officers. He says defenses will be "antagonistic"

Earl Gray made a very brief argument. Now Tom Plunkett is talking...

These attorneys all made their arguments in written briefs. The oral arguments give the judge a chance to ask questions.

But this is going very quickly.

Already done arguing the joint trial issue.

Next, Judge Cahill is moving onto a motion about expert witness disclosure.

The next major issue of public interest will be the change of venue motion.

One thing to add to the prior argument on the joint trial. Prosecutor Matt Frank made sarcastic statement about the defense believing George Floyd took "just the right amount to overdose that exact moment when the officer's knee was on his neck for 8 minutes."

Clearly, the defense will argue George Floyd overdosed.

Here, Frank is signaling how they will counter that. Even if there were drugs in his system, they believe George Floyd died at that moment because of the restraint. Died with drugs, not because of drugs.

Regarding change of venue -- Judge Cahill says he believes they would first need to send questionnaires to potential juries to see what effect pretrial publicity has had on them.

Going back to the prosecution, the only two sitting at the main table are Matthew Frank and @neal_katyal. Frank has done all the talking on behalf of the prosecution. I cannot see @AGEllison on my monitor, but he walked in the building just before I did.

Regarding sending questionnaires to jurors -- Paule is now saying if people are notified in advance that they might be on this jury, they would tell others. And that could cause problems.

Judge Cahill responded that he envisions being a little more subtle in the process than that.

Paule acknowledges people everywhere have heard of this case.

He argues local officials and people of power such as MPD Chief saying the officers are guilty affects jurors in Hennepin more.

Thinks that would be lessened if trial moved out of area.

Paule then said jurors who live in Minneapolis might be worried about their city burning if they vote to acquit.

Judge Cahill responds "If I move this to Moorhead, they don’t have to worry because it will be Minneapolis that goes up in flames?...I’m not going to entertain that.

Cahill says jurors are instructed not to consider the effect of their verdict when making their decision.

Judge Cahill is signalling that he is going to delay the change of venue decision until they have a better idea of whether actual Hennepin Co residents are too biased -- through questionnaires.

Argument on this issue is almost wrapped.

Prosecutor Frank is pointing out jury was able to be seated in Noor trial. Cahill says this got more publicity but point is taken -- sometimes lawyers think the public is consuming all details on cases, but reality is a lot of people read about it, forget a lot, and can be fair

Frank is also expressing concern that mailed jury questionnaires in advance of trial presents problems... People trying to get out of jury duty, etc.

They have moved past the change of venue motion.
Now talking about a motion for jury sequestration.
20 minute break is coming up at 10:30

Judge Cahill: "it appears some kind of sequestration will be needed."

"The court's plan at the very least, the jury will be kept together in a hotel for deliberation."

"i think it would be almost cruel to keep them for weeks at a time."

Cahill adds the jurors would be shielded from the public while downtown.

Now it is sounding like none of the lawyers are asking for a full sequestration.

Next issues -- anonymous jurors. The argument is that the jurors' names would be known to the attorneys, but in court they will be numbered.

Prosecutor Frank does not want an anonymous jury. It sounds like his reason is that it could be problematic in an appeals court?

"What i'm more concerned about here is there are external threats to the jurors' safety and impartiality," Judge Cahill said.

He relayed that yesterday he got a barrage of calls giving him advice. One semi-threatening. Clearly trying to influence

Judge Cahill is convinced there will be attempts to dox the jurors if their identities are known and try to influence them.

Prosecutor Frank is arguing "it is not at that level."

"they may feel pressure and their impartiality might be influenced. Don't you agree with that?" Cahill asked.

"We don't know that right now. The public outcry is directed at the defendant. The public wants the trial to proceed," Frank responded.

Cahill: What is the harm to the public if they don't get jurors' names until the trial is done?

Frank: You're excluding from a public trial who the jurors are.

Frank is making legal arguments here. Thinking that hiding the jurors' names in analogous to closing the court to the public. Could be raised on appeal.

Now Earl Gray is relating that he has received many threats, and says he worries jurors could face scenes similar to the protest at Bob Kroll's house, beating pinatas.

Gray wants anonymous jurors.

But now Plunkett does not. So the defendants' attorneys are in opposition.

Cahill is asking Plunkett about the Noor case, where the lawyers knew who the jurors were but the public did not.

Plunkett says it has opposite effect as intended, sending a message to the jury that they are in danger.

Cahill says he would release the names after the trial/trials are done, except if there is civil unrest. He wouldn't release in the middle of that.

But would shortly after trial release jurors' names, unlike Judge Quaintance in the Noor trial.

Cahill specified most of the unsolicited phone calls he's getting are from people who want the officers convicted. But he says he is getting some calls from the other side as well.

Thao's attorney Paule wants the jury anonymous. He is worried about the public influencing them or threatening them.

**And Paule also wants full sequestration. Earlier I could not hear what he said on that matter.

Chauvin's attorney Nelson says he supports anonymous jury.

Nelson says he's received threats to himself, professional colleagues and family members.

1,000 emails. Many of them threatening.

Other lawyers who share his name have had to modify their business practices because getting calls.

20 minute break is now underway. Back at 10:50

One correction to earlier tweets. @neal_katyal was making the arguments on the issue of joint trials, not Matthew Frank.

Here is a sketch from inside the courtroom, of Derek Chauvin and his attorney Eric Nelson, by the talented Cedric Hohnstadt

The hearing has resumed and right now Chauvin's attorney Nelson is discussing medical records... and a motion to stop Hennepin Co Attorney's Office from participating in the prosecution. That's because Nelson says they could be witnesses called to testify about meeting w/ M.E.

Judge Cahill asked Prosecutor Frank if he plans on having principal prosecutors from Hennepin Co Attorney's Office at the table with them at trial.

"I haven't decided yet," Frank said

"Well i have. They're disqualified." Cahill removed Freeman, Sweasy and Lofton from the case

Cahill says "it was sloppy" to have them present in interview of Dr. Andrew Baker the Medical Examiner.

They are now "witnesses" and the defense or prosecution can call Mike Freeman et al as witnesses at trial.

They cannot participate in the case as lawyers.

According to the court filing, the Hennepin County prosecutors should have had a non-lawyer witness present when they interviewed Dr. Baker.

Now talking about the evidence the defense wants to introduce prior criminal history and a prior traffic stop of George Floyd

Cahill responds strongly and skeptically, asking how it is relevant. They did not know about the prior case when they encountered Floyd.

Plunkett is arguing that it is relevant because Floyd ingested drugs in the prior 2019 traffic stop -- and they are arguing he did the same when Lane and Kueng approached.

Plunkett said it's relevant, because they will argue drugs as cause of death.

Cahill said he will not allow GF's 2004 Harris County TX arrest to be used in evidence. He will give more consideration to the 2019 Minneapolis case, in case it might be relevant to the swallowing drugs allegation. No decision yet.

Cahill: For now, I'm saying no (about allowing 2019 arrest as evidence.) We can possible revisit at the trial.

If state's position is that GF did not ingest drugs, then defense might have the right to dispute it with the 2019 body camera video.

Earl Gray is arguing -- the May 2019 traffic stop was very similar. GF didn't immediately show his hands. Argues that it corroborates circumstantial evidence that would justify Lane's reaction when approaching car.

To be clear, Cahill denied the May 2019 traffic stop to be used as evidence. For now. The possibility remains it could come back at trial.

The Texas case is totally denied.

Now, the issue debated is whether prosecutors have to give the defense the autopsy reports from the private medical examiners hired by GF's family.

Prosecutors say they don't have the full reports.

Judge says if they want to call as expert witnesses, then would need to give those reports. Or they won't be allowed to testify.

Cahill is moving this along quickly.

Now discussing the Armed Forces ME report which agreed with Dr. Baker.

Same issue. Prosecutor says they can't force them to turn over reports.

Judge says if they want to testify, they will need to.

Talking about the independent autopsies -- Plunkett says if those doctors really did come to MN and perform an autopsy, that would be a crime, because they are not licensed here.

Judge Cahill reiterates -- if those docs are going to testify, they will have to provide their full reports which would go to both the prosecution and defense.

We are still on this topic.

Paule is arguing that the prosecution is required to turn over reports from Dr. Baden and Dr. Wilson, hired by GF's family. He argues by performing autopsies, they participated in the investigation.

But Cahill disagrees. He thinks it only becomes part of the case when they are called as witnesses. And if they are called as witnesses, at that point their reports would be required.

The defense wants the state to turn over any existing gang files or informant files that may exist about George Floyd.

No one has said anything like that does exist.

Regardless Judge Cahill denied it as irrelevant.

We are moving on now....

Judge Cahill is going through some administrative stuff.

He said we should plan for March trial to still have all these COVID-19 restrictions.