Jury to begin deliberations in federal trial of officers charged in George Floyd's death

(FOX 9) - On Wednesday morning, jurors in the case of three former Minneapolis Police officers will hear jury instructions and then start deliberating, after four weeks of testimony and a full day of closing arguments.

Tou Thao, J. Alexander Kueng and Thomas Lane are charged with depriving George Floyd of his constitutional rights when he died under the knee of Derek Chauvin on May 25, 2020. Thao and Kueng are accused of failing to intervene in Chauvin’s use of force, while all three are accused of failing to render medical aid.

The prosecution closed with the same message they began with a month ago: that "in your custody is in your care." In an hour-and-40-minute closing argument, Assistant US Attorney Manda Sertich said that Thao ignored the pleas of the bystanders he kept on the sidewalk, who yelled out that Floyd had gone unconscious, then begged the officers to check his pulse and begin CPR.

Sertich says they were all ignored, "all of whom could see the obvious, that a man was dying right before their eyes." She said Thao could have told Chauvin to stop his hold, which medical experts testified cut off Floyd’s oxygen, but did nothing to "stop the slow motion killing happening right in front of him."

She told jurors that Kueng also chose to do nothing, despite being crouched shoulder to shoulder with Chauvin. When bystanders cried out, instead "defendant Kueng casually picked gravel out of the tire in front of him."

Thomas Lane had twice asked about turning Floyd on his side. But Sertich told jurors that even though he recognized and gave voice to concerns, "he did nothing to give Mr. Floyd the medical aid that he knew Mr. Floyd so desperately needed."

A key part of the federal charges is that the defendants "acted willfully." The prosecution had to prove the three men purposely decided not to take action and knew they were in the wrong.

"If you have kids, you know what willfulness means," said Sertich. "They know it’s wrong and they do it anyway."

The defense attorney for Tou Thao, Robert Paule, told jurors that Floyd’s death is very much a tragedy, "but a tragedy does not make it a crime." He said all three former officers suspected Floyd was suffering from "excited delirium" - a controversial term for an agitated state that can occur after drug use. He said the MPD training for excited delirium clearly showed to hold people down until EMS arrived, and showed a series of photos from MPD training that illustrated holds were practiced with knees to necks.

Thomas Plunkett, attorney for Kueng, also attacked the MPD training, which he said gave only a passing mention of a duty to intervene. He went through a list of witnesses, questioning their credibility.  

He said Kueng, on his third shift, was confronted with something "that was probably beyond his depth at this point." He attacked the transcripts of body camera videos that he argued don’t reflect a much quicker reality of the scene. He told jurors that Kueng did not willfully act to deprive Floyd. 

Earl Gray, attorney for Thomas Lane, went last, blasting the case, that "you’ve heard nothing but innocent conduct of a rookie officer." He pointed out, again, that Lane called the ambulance, suggested rolling Floyd to his side and gave Floyd CPR in the ambulance. "So far we have nothing to show that he’s deliberately indifferent, that he has a bad purpose," Gray said.

He grew more indignant as he wrapped up his closing, saying "why did the government indict him? We all know why - politics."

Because of the snow outside the courthouse, Judge Paul Magnuson sent jurors home instead of giving them jury instructions. Once they get those on Wednesday, the case will be in their hands.