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Trial date for 2 ex-MPD officers in George Floyd's death moves again, to Oct.

State trial for Thao, Kueng moved to October
State trial for Thao, Kueng moved to October 02:06

MINNEAPOLIS -- The two former Minneapolis police officers who still face a state trial in George Floyd's killing have gotten a new trial date, a few months sooner than last ruled.

On Tuesday morning, Judge Peter Cahill decided to move the state trial for Tou Thao and J. Alexander Kueng to a new start date of Oct. 24. This comes after the state requested a speedy trial on behalf of Floyd's family.

Their trial was supposed to start earlier this month, but Cahill had earlier postponed it until January. Kueng's defense attorney had sought a delay until April.

The two will be tried on charges of aiding and abetting in Floyd's murder.

One of the big questions is how to find an impartial jury the third time around. Cahill voiced concerns that publicity from this winter's federal trial -- where Thao, Kueng and Thomas Lane were found guilty of violating George Floyd's civil rights -- could prejudice any potential jury in this third trial.

Joe Tamburino, a criminal defense lawyer not affiliated with the case, says it will be very difficult to get a jury who hasn't already made up their minds.

"The only way you can do that is through the jury questionnaires," Tamburino said. "The parties and the judge methodically have to go through them to see who really could be fair and impartial."

Prosecutors argued any trial delay would be painful for the Floyd family. Prosecutor Matthew Frank said, "It's very traumatic to have this progressed out farther and farther."

Some witnesses showed signs of stress in the second trial. Darnella Frazier, who took the infamous video of Floyd's murder on her cell phone, burst into tears and did not continue testifying. She is expected to be a witness in this third trial.

Last month, Lane pleaded guilty to aiding and abetting manslaughter in his state case, and agreed to a three-year sentence. We know from new court filings that Kueng has been in plea talks with prosecutors. Kueng's and Thao's attorneys declined to comment on any possible plea negotiations.

If convicted on the aiding and abetting charges, Thao and Kueng could face 12-and-a-half years in prison.

Derek Chauvin, who held his knee down on Floyd's neck, was convicted of murder in the state case and pleaded guilty to federal charges. He is now serving a 22-and-a-half-year sentence.

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