MINNEAPOLIS – A former Minneapolis police officer who held his knee to George Floyd's neck for minutes will be tried separately from the three other former officers accused in his death, according to an order filed Tuesday that cites limited courtroom space due to COVID-19 restrictions.
Derek Chauvin will stand trial alone in March while the other three will be tried together in the summer. In his order, Judge Peter Cahill cited the limitations of physical space during the coronavirus pandemic, saying it is “impossible to comply with COVID-19 physical restrictions” given how many lawyers and support personnel the four defendants say would be present.
Prosecutors disagreed with the decision. A defense attorney for Thomas Lane said he believed a separate trial would be better for his client, while the other defense attorneys either declined to comment or did not return messages.
Legal observers say the change benefits Chauvin's co-defendants, who will get a preview of what the state's witnesses will say and more time to prepare. They'll also blame Chauvin, who won't be on trial with them to push back.
Last week, prosecutors asked Cahill to postpone the March 8 trial to June 7 to reduce public health risks associated with COVID-19. In his Monday order, which was filed Tuesday, the judge wrote that while the pandemic situation may be greatly improved by June, “the Court is not so optimistic given news reports detailing problems with the vaccine rollout.”
Cahill's order included an email from Hennepin County Chief Judge Toddrick Barnette, who requested that the trials be separated in a way Cahill deemed fair, after he learned that each defendant planned to have co-counsel or legal support in court. Barnette wrote that he looked at the courtroom's configuration and concluded social distancing couldn't be enforced in that space with so many people. Barnette wrote he believed the courtroom could handle up to three defendants at once.
Floyd, a Black man, died May 25 after Chauvin, who is white, pressed his knee against Floyd's neck while he was handcuffed face down on the street. Police were investigating whether Floyd used a counterfeit bill at a nearby store. In a video widely seen on social media, Floyd could be heard pleading with officers for air, saying he couldn't breathe.
Floyd's death sparked protests in Minneapolis and elsewhere and renewed calls for an end to police brutality and racial inequities.
Chauvin is charged with second-degree murder and second-degree manslaughter in Floyd's death. Former officers Lane, Tou Thao and J. Alexander Kueng are each charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.