Attorneys representing two of the former Minneapolis police officers charged with killing George Floyd accused Attorney General Keith Ellison of contempt of court; one asked him to be sanctioned and the other called for his arrest.
Earl Gray, who is representing Thomas Lane, and Robert Paule, who is representing Tou Thao, filed separate motions Tuesday objecting to Ellison issuing a news release on Monday about the case after Judge Peter Cahill issued a gag order prohibiting either side from discussing such matters.
Ellison announced Monday that he had appointed four veteran attorneys as special assistant attorney generals on the Floyd case and listed their professional accomplishments.
"Ellison should be jailed along with" his spokesman John Stiles, Gray wrote. "There is no reason to announce that these so called 'super stars' are joining the prosecution and that they're doing it for free. It is an obvious statement to the public that these 'super stars' believe that our clients are guilty."
Tensions between the prosecution and defense have been escalating for more than a month as Ellison and several public officials speak out about the killing of Floyd, a 46-year-old Black man who died May 25 after former officer Derek Chauvin knelt on his neck for nearly eight minutes.
"We have no response," Ellison's office said in a written statement issued Tuesday when asked for comment.
Cahill warned at a June hearing that remarks from public officials, attorneys and others were threatening to relocate the trial or trials, scheduled for March, to another county due to the possibility of biasing potential jurors.
"Defendant, by and through counsel, respectfully moves the Court for an order holding Keith Ellison, the Attorney General for Minnesota and lead prosecutor in the above-captioned case, in contempt of court and ordering sanctions as a result of his actions," read Paule's brief motion, which did not go into further detail.
Paule and Gray requested to be heard about the matter at a yet-to-be determined court hearing.
Ellison's office is leading the prosecution of Chauvin, Thao, Lane and former officer J. Alexander Kueng with assistance from the Hennepin County Attorney's Office.
Ellison sent out his news release Monday after some of the defense attorneys filed motions earlier that same day objecting to the gag order and protesting prior remarks made by Ellison and several other public officials.
"Out of respect for Judge Cahill's gag order, I will say simply that I've put together an exceptional team with experience and expertise across many disciplines," Ellison said in the news release. "We are united in our responsibility to pursue justice in this case."
In his motion, Gray said Ellison's move was intentional.
"Further proof that the news release was done to influence the public is that it was released by John Stiles, who, according to Google, is a chief strategy officer and builds reputations and brands," Gray's motion said.
Cahill issued a gag order last week prohibiting prosecutors and defense attorneys from publicly divulging "opinions, strategies, plans or potential evidence" about the case.
The attorneys for all of the four former officers filed motions Monday objecting to the judge's gag order.
The defense attorneys filed separate motions that argued, in part, that the order violated constitutional rights to due process, free speech and a fair trial, and that it unfairly penalized the defense after prosecutors and public officials had spent weeks criticizing the former officers' actions.
They have repeatedly criticized Ellison, Gov. Tim Walz, Police Chief Medaria Arradondo, Mayor Jacob Frey and Public Safety Commissioner John Harrington, among others, of biasing potential jurors by making public remarks about the Floyd killing.
Chauvin is charged with one count each of second-degree murder, third-degree manslaughter and second-degree manslaughter for allegedly killing Floyd, who died after he was handcuffed and pinned to the ground for nearly eight minutes. Chauvin planted his knee on Floyd's neck despite Floyd's pleas that he couldn't breathe and warning that he was dying.
Kueng, Lane and Thao are charged with aiding and abetting murder and manslaughter.
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July 15, 2020 at 03:15AM
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Defense attorneys in George Floyd case accuse AG Ellison of contempt of court; one calls for his arrest - Minneapolis Star Tribune
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