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Update: Kueng accepts plea deal; pleads guilty to aiding, abetting manslaughter in George Floyd’s killing

Oct 24, 2022 09:33AM ● By Content Editor
Photo: KSTP 5 News 

By The Associated Press, KARE 11 Staff - KARE 11 News - October 24, 2022

Former Minneapolis Officer J. Alexander Kueng had pleaded guilty to aiding and abetting manslaughter in George Floyd’s killing.

Jury selection in the state trial for Kueng and fellow ex-officer Tou Thao was scheduled to begin Monday morning. Thao's trial will continue.

Kueng and Tou Thao have already been convicted of federal counts for violating Floyd’s civil rights and have started serving those sentences. Many witnesses expected to testify at the state trial have already done so at both their federal trial and at the state trial against their former colleague, Derek Chauvin.

Kueng, Thao and Thomas Lane were working with Chauvin on May 25, 2020, when Chauvin, who is white, used his knee to pin Floyd’s neck to the pavement for more than nine minutes as the 46-year-old Black man said he couldn’t breathe and eventually grew still. Kueng knelt on Floyd’s back, Lane held his legs and Thao kept bystanders back.

Kueng, who is Black, and Thao, who is Hmong American, were both charged with aiding and abetting second-degree unintentional murder and aiding and abetting second-degree manslaughter. Now, prosecutors will have to prove Thao intentionally helped Chauvin. They don’t have to prove that he intended to kill Floyd or cause him great bodily harm.

“It’s going to be, I think, exhaustingly repetitive for the witnesses who have already testified multiple times and don’t want to relive this,” said Rachel Moran, a professor at the University of St. Thomas School of Law told the Associated Press. 

But there will be some nuances. Moran said this case could be more difficult for prosecutors than the previous state trial for Chauvin, or the federal trial for Kueng, Thao and Lane. While Chauvin's offense was more direct because he had his knee on Floyd's neck, prosecutors in this case have to show what Kueng and Thao intentionally did to help him commit a crime.

Judge Peter Cahill has limited expert witnesses in this trial to try to avoid repetition. He's also ordered attorneys not to ask questions designed to elicit emotion.

There are expected to be some notable differences in this trial. 

Witnesses won’t be allowed to ask the jury to take actions and follow along with demonstrations – as lung and critical care specialist Dr. Martin Tobin did during Chauvin’s trial. In that case, Tobin placed his hands on his own neck and encouraged jurors to do the same as he explained how he believed Floyd died. Jurors said later that Tobin provided some of the trial’s most compelling evidence.

It’s also unknown if a girl who was just 9 years old at the time of Floyd’s killing will testify. Prosecutors want to call her to argue that even a young girl knew something was wrong – so the officers should have known as well. The defense has countered that her testimony isn't that different from that of other bystanders and will only play upon jurors’ emotions. She previously testified at Chauvin's trial.

Cahill encouraged prosecutors not to call the girl because testifying in a murder trial can be traumatic, especially for children, but he didn’t bar them from doing so.

Kueng and Thao were offered plea deals earlier this year, but at the time both rejected offers for three-year sentences that would have been served at the same time as their federal sentences. Thao told Cahill: “It would be lying for me to accept any plea offer.”

That set them apart from Lane, who pleaded guilty to aiding and abetting manslaughter and got three years. Thao is risking significantly longer sentences; the murder charge has a recommended sentence of 12 1/2 years, and prosecutors say they intend to seek more.

“The reality is, it’s their right (to go to trial) and Tou Thao in particular seems to just believe that he has done nothing wrong and therefore he can’t admit to doing anything wrong,” Moran said.

Hundreds of prospective jurors were sent a 17-page questionnaire that explored how much they know about the case, their views on police and whether they’ve participated in civil rights marches, among other things.

Sixteen people will be chosen in the weeks leading up to the Nov. 7 trial; 12 will deliberate.

Jurors will be questioned individually about their views and whether they can be fair. An unlimited number of potential jurors can be dismissed “for cause,” such as when a juror has shown that he or she can’t be impartial.

Each side may also dismiss jurors with a limited number of peremptory strikes, which don't require a reason but can be challenged if the other side believes it's due solely to a potential juror's race or gender.

The defense gets 10 such strikes — five for each defendant — and the state gets six.

The key will be finding jurors who can be impartial. Moran said that while diversity on a jury is important, the idea that a jury’s racial composition will affect the outcome has been called into question. She noted that the jury that convicted Kueng and Thao of federal charges was mostly white, as was the state jury that convicted Kim Potter, then an officer in the Minneapolis suburb of Brooklyn Center, in the 2021 fatal shooting of Black motorist Daunte Wright.

Opening statements are scheduled to begin Nov. 7. The trial won't be live-streamed. Cameras in courts are rare in Minnesota, and Chauvin’s was live-streamed due to the high public interest and courtroom space limitations because of COVID-19 restrictions.

Kueng and Thao reported to federal prison earlier this month to begin serving their sentences for violating Floyd’s rights. Kueng is serving three years at federal prison in Ohio and Thao is serving 3½ years at a facility in Kentucky.

They will be in custody in Minnesota during the trial.

Lane, who is white, is serving his 2 ½-year federal sentence at a facility in Colorado. He's serving a 3-year state sentence at the same time.

Chauvin was sentenced to 22 ½ years on the state murder charge and 21 years on a federal count of violating Floyd’s rights. He’s serving those sentences simultaneously at a federal prison in Arizona.


To read this original story and more news, follow this link to the KARE 11 News website.


Related: Jury selection begins Monday in state trial of Thao, Kueng

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