Former officer Tou Thao’s attorneys, Robert Paule and Natalie Paule, cited a number of reasons for the request, including that the jury will have “insurmountable difficulty distinguishing the alleged acts of each defendant from the alleged acts of his co-defendants.”
“Evidence may be introduced by each defendant which would be inadmissible against other defendants in a separate trial to the prejudice of those defendants,” was another reason cited by the attorneys. They wrote the former officer would be able to get a “fair and more impartial trial” if he is tried separately from his co-defendants.
J. Alexander Kueng’s attorney, Thomas Plunkett, wrote there is a conflict of interest between the defendants.
“The conflict flows from Mr. Chauvin’s level of culpability,” Plunkett wrote. “Due to this conflict, the jurors will not be able to follow the Court’s instructions and compartmentalize the evidence as it related to Mr. Kueng.”
An attorney for Thomas Lane filed a motion asking to join the pretrial motions of his co-defendants.
Magistrate Judge Tony Leung has yet to make a ruling on the motions. Responses are due by August 17.
Thao and Kueng were also charged in connection with their failure to intervene in Chauvin’s use of unreasonable force, according to the federal indictment. Chauvin, Thao, Kueng and Lane all face a charge for failing to give Floyd medical aid.
Arraignment in the federal trial is set for September 14.
Thao, Kueng and Lane were on the scene with Chauvin. The state trial for the three officers — who are charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter — has been postponed until March 7, 2022, so that the federal trial on civil rights charges can take place first.
Source : CNN