Hennepin County Judge Peter Cahill stopped short of issuing a gag order on attorneys, but he said one is likely if public statements continue. Cahill added that such a situation would also make him likely to grant a change-of-venue motion if one is filed.
“The court is not going to be happy about hearing about the case in three areas: media, evidence and guilt or innocence,” Cahill said.
It was the second pretrial hearing for the officers, who were fired after Floyd's May 25 death. Derek Chauvin, 44, is charged with second-degree murder and other counts, while Thomas Lane, 37, J. Kueng, 26, and Tou Thao, 34, are charged with aiding and abetting Chauvin.
Floyd died after Chauvin, a white police officer, pressed his knee against the handcuffed 46-year-old Black man's neck for nearly eight minutes. The officers were responding to a call about a man trying to pass a counterfeit $20 bill at a nearby store.
Floyd's death was universally condemned in Minnesota, with elected officials including Minneapolis Mayor Jacob Frey calling for the officers to be charged. Police Chief Medaria Arradondo said Floyd's death was “murder.” Cahill asked Assistant Attorney General Matthew Frank to use his influence to keep public officials silent, warning that if they continued to discuss it publicly, he likely would “have to pull (trials) out of Hennepin County and they need to be aware of that.” Cahill set a March 8 trial date for the former officers if they are tried together, though he said he expects motions to be filed to separate their trials. The next court date is Sept. 11.