George Floyd Prosecutors File Appeals For COVID-Related Trial Delay, Trying All 4 Men Together
MINNEAPOLIS (WCCO) -- The trial for one of the former officers charged in the death of George Floyd could be delayed -- possibly for months.
Right now, jury selection for the trial of Derek Chauvin is set to begin March 8. However, prosecutors filed an appeal late Thursday to the Minnesota Court of Appeals, asking for the Chauvin trial to be delayed because of the COVID-19 pandemic. Prosecutors are also asking the appeals court to overturn the decision to try Chauvin separately from the three other officers in the case: J. Alexander Kueng, Thomas Lane and Tou Thao. Chauvin was the officer seen on video with his knee to George Floyd's neck for almost eight minutes on May 25, 2020.
Prosecutors continued the COVID argument they made earlier this month in an affidavit from University of Minnesota infectious disease expert Michael Osterholm. In that affidavit, Osterholm said, "Holding a trial in this case in March 2021 will be particularly dangerous because the new, more-contagious variant of the coronavirus will likely be present at this time."
If the court hears the appeal, it could delay the trial for months. The appeal document just filed says, "The District Court's decision to proceed to trial on March 8 and to proceed with two separate trials creates a serious public health risk."
Joe Tamburino is a criminal defense attorney not affiliated with this case, but expressed skepticism about whether this appeal could succeed.
"By arguing COVID, the state is also basically saying that the court has to take into consideration factors outside of the courtroom that have nothing to do with the trial. Again, that's highly unusual," Tamburino said. "You never see that kind of an argument when the state is trying to appeal a pre-trial order."
Chauvin's attorney, Eric Nelson, had argued for delays in the trial citing issues with the prosecution's handling of exhibits. Judge Peter Cahill had denied those motions.
We may know as soon as next week whether the appeals court will accept the appeal.