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Former MPD officer Tou Thao's lawyer files motion accusing prosecutorial misconduct

Tou Thao is charged with aiding and abetting murder and manslaughter in the death of George Floyd

Tou Thao
MINNEAPOLIS, MN - JULY 21: Former Minneapolis Police officer Tou Thao exits the Hennepin County Government Center, after a courthouse appearance, on July 21, 2020 in Minneapolis, Minnesota. Thao is charged with aiding and abetting second-degree manslaughter in the death of George Floyd. (Photo by Brandon Bell/Getty Images)
Brandon Bell/Getty Images

The lawyer for one of the officers charged in connection with George Floyd’s death filed a motion arguing prosecutorial misconduct.

A motion hearing is scheduled Thursday at 9 a.m. for the three other officers charged: J. Alexander Kueng, Tou Thao and Thomas Lane. The lawyer for Thao, who was the officer not on top of Floyd but to the side facing the bystanders, writes that the testimony of Hennepin County Medical Examiner, Dr. Andrew Baker, was “directly and indirectly” coerced by the state.


In court documents, attorney Robert Paule states a one-time potential expert witness, Dr. Roger Mitchell, a former medical examiner in Washington DC, “orally made the threat to unlawfully injure Dr. Baker’s trade unless Dr. Baker changed his autopsy findings.” It states Baker and Mitchell spoke on the phone before Baker released the report. In one conversation, according to “neck compression” was included in the final wording.

Dr. Baker testified in the Derek Chauvin murder trial emphasizing the report’s fidnings.

“That’s cardiopulmonary arrest complicating law enforcement subdual restraint and neck compression,” Baker said April 9. “That was my top line then and it will stay my top line now.”

Related to the case, WCCO-TV's Esme Murphy reports there is a schedule change on the horizon for Kueng, Tao and Lane:

Tou Thao is charged with aiding and abetting murder and manslaughter in the death of George Floyd