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U.S. NEWS Thursday 20 January 2022
3 cops face complex federal trial in George Floyd's death

By AMY FORLITI ficers' actions resulted in
Associated Press Floyd's death.
MINNEAPOLIS (AP) — The Federal civil rights viola-
federal trial for three for- tions that result in death
mer Minneapolis police of- are punishable by up to life
ficers who were with Derek in prison or even death, but
Chauvin when he pinned those stiff sentences are
George Floyd to the street extremely rare and federal
is expected to be complex sentencing guidelines rely
as prosecutors try to prove on complicated formulas
each officer willingly violat- that indicate the officers
ed the Black man's consti- would get much less if con-
tutional rights. victed.
Jury selection begins Thurs- John Baker, a former de-
day in the federal case fense attorney and profes-
against J. Kueng, Thomas sor at St. Cloud State Uni-
Lane and Tou Thao, who versity, said each officer
also face a state trial later has good defense argu-
this year on counts of aid- ments available. Baker said
ing and abetting both mur- a different kind of account- Lane held down his legs. knew what they were do- Chauvin was a senior offi-
der and manslaughter in ability," said Mark Osler, a Thao kept bystanders from ing was wrong, but did it cer and Lane and Kueng,
Floyd's death. former federal prosecutor intervening. anyway. who were new to the job,
In the federal case, all and professor at the Univer- Chauvin was convicted in Kueng, Lane and Thao are can argue they were doing
three are broadly charged sity of St. Thomas School of April on state charges of all charged with willfully de- what they were told to do.
with depriving Floyd of his Law. murder and manslaughter priving Floyd of the right to Baker said Thao can say
civil rights while acting un- While the state would try to and is serving a 22½-year be free from an officer's de- he was just trying to keep
der "color of law," or gov- prove the officers helped sentence. In December, he liberate indifference to his other people from getting
ernment authority. Legal Chauvin commit murder pleaded guilty to a federal medical needs. The indict- involved.
experts say it will be more or manslaughter, federal count of violating Floyd's ment says the three men "The question is: Did they
complicated than the state prosecutors must show that rights. saw Floyd clearly needed do enough and should
trial because prosecutors they failed to intervene. As Federal prosecutions of of- medical care and failed to they have stopped Derek
have the difficult task of Phil Turner, another former ficers involved in on-duty aid him. Chauvin from doing what
proving they willfully vio- federal prosecutor, put it, killings are rare. Prosecutors Thao and Kueng are also he was doing?" Baker said.
lated Floyd's constitutional prosecutors must show the face a high legal standard charged with a second It's not known whether any
rights — unreasonably seiz- officers should have done to show that an officer will- count alleging they will- of the three officers will tes-
ing him and depriving him something to stop Chauvin, fully deprived someone of fully violated Floyd's right tify. Baker said he would
of liberty without due pro- rather than show they did their constitutional rights, in- to be free from unreason- advise them not to, be-
cess. something directly to Floyd. cluding the right to be free able seizure by not stop- cause their testimony could
"In the state case, they're Floyd, 46, died on May 25, from unreasonable seizures ping Chauvin as he knelt be used against them in a
charged with what they 2020, after Chauvin pinned or the use of unreasonable on Floyd's neck. It's not state trial. But Osler thinks at
did. That they aided and him to the ground with his force; an accident, bad clear why Lane is not men- least some of them might
abetted Chauvin in some knee on Floyd's neck for 9 judgment or negligence tioned in that count, but take the stand, saying po-
way. In the federal case, 1/2 minutes while Floyd was isn't enough to support fed- evidence shows he asked lice officers make some of
they're charged with what facedown, handcuffed eral charges. twice whether Floyd should the best witnesses because
they didn't do -- and that's and gasping for air. Kueng Essentially, prosecutors be rolled on his side. they are trained on how to
an important distinction. It's knelt on Floyd's back and must prove that the officers Both counts allege the of- testify. q

1st for Louisiana: Drug-resistant fungus found at hospital

NEW ORLEANS (AP) — A dangerous to hospital and had reported 245 cases, Illi- the infections were identi- and people for some time,
hospital in New Orleans nursing home patients with nois 243, New York 235, and fied or whether the patients Luk said.
says it has identified two serious medical problems. New Jersey 70. had a history of internation- Health experts said the risk
patients infected with a Although the patients at The CDC says people ap- al travel. is low for healthy patients
rare, drug-resistant fungus University Medical Center parently most at risk are But it's likely more cases will but those who are immu-
— the first time it's been are the first known in Loui- those who have been in a follow, said Dr. Alfred Luk, nocompromised can face
found in Louisiana. siana, other undetected health care facility a long medical director of trans- severe complications. It
Candida auris has already cases are likely, Dr. Nirav time and have a line or plant infectious diseases at has killed 30% to 60% of in-
been found in Washington, Patel, chief medical officer tube into the body, such Tulane University School of fected people, but many
D.C., and at least 20 other told The Times-Picayune as a breathing tube, feed- Medicine. of them "had other serious
states including Georgia, / The New Orleans Advo- ing tube or central venous "I know everyone is exhaust- illnesses that also increased
Florida and Texas, accord- cate. catheter. ed from alarmist news, but their risk of death," accord-
ing to the Centers for Dis- "This bug could have been It can cause infections I'm really concerned about ing to the CDC website.
ease Control and Preven- here in Louisiana for quite in the bloodstream or in it," Luk said. "Usually when The yeast was first identified
tion. some time," he said, noting wounds. we find this ... I equate it to in a Japanese patient's ear
The fungus is a harmful form outbreaks in Florida, where The hospital, citing patient the tip of the iceberg." infection in 2009, and was
of yeast that can be resis- 135 cases have been re- privacy, did not answer The fungus can spread eas- given the species name
tant to the most common ported, and Texas, with 30. the newspaper's questions ily in settings such as nursing auris, meaning "ear." In
antifungal drugs. More than 1,100 cases had about whether its infected homes and hospitals be- 2016, the U.S. announced
The CDC considers it an been diagnosed nation- patients had recently been cause it can survive on skin 13 known cases within the
emerging global threat wide as of Aug. 21, accord- transferred from other and other surfaces. It's likely country, the first dating
and says it is especially ing to the CDC. California health care centers, when been brewing on surfaces from 2013.q