MINNEAPOLIS (FOX 9) - Two of the other former Minneapolis officers charged in connection to George Floyd's death will not be testifying in the Derek Chauvin trial, according to Chauvin's defense attorney Eric Nelson.
Nelson mentioned this on Wednesday while discussing a motion to exclude the statements of Thomas Lane and Tou Thao. Both men gave voluntary taped statements to the BCA under the guidance of lawyers with the understand their statements could be used against them.
"I confirmed with each of the attorneys last night that they are not permitting their clients to testify in this trial – I would have no ability to cross examine those particular statements; anything else I think is fair game," said Nelson.
The prosecution raised a possible issue of experts relying on their statements. Trial Judge Peter Cahill said at this point he will only allow experts to say they reviewed the ex-officers' statements.
"Not going to permit it unless you get permission from the court at the time, show a good need to actually get the substance to form the basis of the expert because the expert’s testimony is not to be used as a back door to get in otherwise inadmissible hearsay," said Cahill.
Thao, Lane and J. Alexander Kueng are all charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter. Their trial is scheduled to begin in August.