The Hennepin County District judge overseeing the George Floyd murder case vacated the gag order, and heard from attorneys Tuesday on several facets of the case, including if body camera footage should be released publcly before the trial.
Judge Peter Cahill admitted the gag order "did not work" with motions to find figures like Attorney General Keith Ellison in contempt for a press release and media using anonymous sources. Cahill did not hold Ellison in contempt.
The focus of the hearing was transparency versus the right to a fair trial and prejudicial pre-trial publicity. Add in limitations that could still be in place by the time the trial is set to begin in March, and there are complications in this internationally-watched case.
Cahill did not make a decision yet, but will also consider releasing body camera video.
A lawyer for a media coalition requesting their release argued with the bystander video and transcripts widely seen, it would not “materially impact” a jury pool.
Leita Walker argued suppressing information from the public during a civil rights movement when the entire criminal justice system is under a microscope, can cause the public to lose faith in the judiciary. Cahill said he was concerned about the video being accessible at anytime online.
Prosecutor Matthew Frank responded that Gray is "trying the case in the media" and is simply unhappy about reporting.
Cahill is also considering audio and video recording for the trial with fewer seats available in court with social distancing. Defense attorneys and the media support cameras in the courtroom.
There was also a stern moment of confrontation between Cahill and Walker, the lawyer representing the media coalition. He asked explicitly if he was being "doxxed" with his two state representatives listed on the motion alongside Gov. Tim Walz.
Cahill was angry, demanding to know why those two lawmakers of the dozens representing the local district were listed. He said he interpreted it as a threat of “We know where you live.”
Walker said an associate chose those lawmakers when Walker was on vacation and insisted there was no ill-intention. She will file a supplemental brief to explain why the Plymouth lawmakers were chosen.