Defendant tests positive for COVID-19 after judge refuses mask and bans doctor from using one

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One of the three former Minneapolis police officers facing allegations that they stood idle and in some cases helped their peer murder George Floyd has tested positive for COVID-19. Although it’s unclear which of the defendants—J. Alexander Kueng, Tou Thao, or Thomas Lane—is having the health scare, the federal trial was postponed on Wednesday because of it, court officials told The New York Times.

Lane’s lawyer, Earl Gray, reportedly told a reporter before Judge Paul Magnuson announced the postponement: “Wait until you hear this.” Then Gray walked out of the courtroom. His client was not in the courtroom, but Alexander and Thao were present, reporters told The Star Tribune. The trial is set to resume on Monday, but the defendant who tested positive will be retested before that happens, the newspaper reported.

Reflective of public health conditions throughout the nation, Minnesota has experienced an increase in COVID-19 cases as the omicron variant continues to spread, but in recent weeks new cases per 100,000 people have dropped some from 238.6 cases on Jan. 11 to 165.9 cases, The Star Tribune reported, citing data from the Minnesota Department of Health.

Magnuson has limited court attendees to four reporters, a sketch artist, and a select few relatives and friends of the defendants and of Floyd. With livestreaming restricted in federal courtrooms, reporters and other members of the general public can view the trial on a closed-circuit television feed in separate areas of the U.S. District Court of Minnesota in St. Paul, The Star Tribune reported.

Masks are mandatory in public buildings in St. Paul and Minneapolis, but the judge determined he wouldn’t be wearing one due to a chronic lung condition and neither would witnesses while testifying, the Associated Press reported. An emergency room doctor asked to be allowed to wear his mask while testifying and Magnuson denied the request, according to the news wire.

The trial so far has included opening statements and testimony from government witnesses. Lane is expected to testify, but it’s unclear if the other former officers will make the same decision. Defense attorneys are expected to call their witnesses later in the trial, The Star Tribune reported.

Lane, Kueng, and Thao are accused of violating Floyd’s civil rights when Lane and Kueng held Floyd down and Thao blocked bystanders from providing aid to the dying man pinned under the knee of former cop Derek Chauvin for more than nine minutes. Of the specific charges, Thao and Kueng pleaded not guilty to failing to intervene in Chauvin’s use of unreasonable force, and Lane, Thao, and Kueng pleaded not guilty to willfully failing to aid Floyd. Chauvin was convicted of murder and sentenced to 22.5 years in prison in the state case against him. He pleaded guilty to federal charges against him in a plea deal that caps any additional time in prison at two and a half years.

In opening statements covered by CNN, Special Litigation Counsel Samantha Trepel told jurors that if bystanders who videotaped Floyd’s detainment were able to deduce that his life was in danger, trained police officers should have understood and intervened.

“Each made a conscious choice over and over again,” Trepel said in the U.S. District Court of Minnesota. “They chose not to intervene and stop Chauvin as he killed a man. They chose not to protect George Floyd, the man they handcuffed.”

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