MINNEAPOLIS — Prosecutors in the George Floyd case took the unusual step Thursday of asking the Minnesota Court of Appeals to intervene after a lower court judge twice refused their request to hold one trial for all four ex-Minneapolis police officers in the summer.
The request from Attorney General Keith Ellison's office accused Hennepin County District Judge Peter Cahill of violating state law and abusing his power when he ordered that one trial would start in March and the second would start five months later.
Ellison's office, which is leading the prosecution, had argued for one trial in the summertime when more people would be vaccinated against COVID-19.
"The District Court's decision … to proceed with two trials creates a serious public health risk," Assistant Attorney General Matthew Frank wrote in his request to the Court of Appeals. " … District Court's decision violates the law and threatens serious harms to public health."
Frank wrote that Cahill's decisions were "a clear abuse of power."
Ellison's office is asking the Court of Appeals to reverse Cahill's decision and compel him to hold one trial in the summer.
Prosecutors had filed a motion in late December requesting one trial starting June 7 because of COVID-19.
Cahill ruled Jan. 11 that the four fired Minneapolis police officers charged in Floyd's May 25 death would be tried in two separate trials because the county's largest courtroom could not safely accommodate four defendants due to COVID safety protocols.
Ellison's office filed a motion earlier this month asking Cahill to reconsider his ruling, and again asked for a summer trial with an unspecified start date. Cahill rejected that motion two days later.
Former Minneapolis police officer Derek Chauvin will be tried in Hennepin County starting March 8. His former colleagues — J. Alexander Kueng, Thomas Lane and Tou Thao — will be tried in one trial starting Aug. 23.
