Attorneys for 3 cops in Floyd killing raise questions about department training
A defense attorney at the trial of three former Minneapolis police officers charged with violating George Floyd's civil rights raised questions about department training Monday that suggested the officers might have believed Floyd was in an agitated state that prompted a more forceful restraint.
Federal prosecutors say former Officers J. Alexander Kueng, Thomas Lane and Tou Thao violated their training by failing to act to save Floyd’s life on May 25, 2020, when fellow Officer Derek Chauvin kneeled on the Black man’s neck for 9 1/2 minutes while Floyd was handcuffed, facedown and gasping for air. Kueng kneeled on Floyd’s back, Lane held his legs and Thao kept bystanders back.
The former head of training for the Minneapolis Police Department, Inspector Katie Blackwell — on the stand for a third day — has testified that Kueng, Lane and Thao acted in a way that was "inconsistent" with department policies, including by failing to intervene to stop Chauvin, not rolling Floyd onto his side when he stopped resisting and not providing medical aid when he stopped breathing and they couldn't find a pulse.
But Thao's attorney Robert Paule on Monday questioned whether the officers received adequate training in some areas, including on the use of neck restraints. He also presented materials, including videos, from in-service training that Thao would have received on "excited delirium" — a disputed condition in which someone is described as having extraordinary strength.
In the videos, people behave erratically, withstanding Tasers, and getting away from police restraint.
Blackwell previously testified that people should be rolled onto their side or placed upright after they are restrained. In multiple videos, the person is ultimately restrained by being taken to the ground and put on their stomach and officers using knees — but only one sentence in one presentation shows officers rolling putting the person in the side recovery position.
Floyd struggled with officers who tried to put him in a police vehicle and after they restrained him on the ground. The videotaped killing triggered worldwide protests and a reexamination of racism and policing.
On police body camera video played in court last week, Lane is heard twice asking if Floyd should be rolled on his side only to be rebuffed. Lane also specifically mentions the possibility of excited delirium.
Some medical examiners have attributed in-custody deaths to excited delirium, often in cases where the person had become extremely agitated after taking drugs, having a mental health episode or other health problem. But there is no universally accepted definition and researchers have said it’s not well understood.
Blackwell has testified that officers are instructed that they have a duty to intervene if a fellow officer is using unreasonable force, and are taught to use the least amount of force necessary and to stop once the person is no longer resisting. They also must render any necessary medical aid.
Paule also brought up the fact that while department policy allowed officers to use their legs to implement a neck restraint, they were not taught how to do it.
"In other words, police officers received absolutely zero training on how to use a leg as a mechanism for restraint," he said. Blackwell agreed.
Kueng, who is Black, Lane, who is white, and Thao, who is Hmong American, are charged with willfully depriving Floyd of his constitutional rights while acting under government authority. One count against all three officers alleges that they saw that Floyd needed medical care and failed to help. A count against Thao and Kueng contends that they didn't intervene to stop Chauvin. Both counts allege that the officers’ actions resulted in Floyd’s death.
Prosecutors have argued that the "willful" standard can be met by showing "blatantly wrongful conduct" that deprived Floyd, 46, of his rights.
Chauvin was in state court last year and to a federal civil rights charge. Lane, Kueng and Thao also face a separate state trial in June on charges alleging that they aided and abetted murder and manslaughter.
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Webber contributed from Fenton, Michigan.