MINNEAPOLIS — After the death of George Floyd in May, the Minnesota Bureau of Criminal Apprehension (BCA) searched the blue Mercedes Benz he was sitting in when approached by Minneapolis police officers.
But according to a new court record filed in December, the BCA did not seize several pieces of evidence in the vehicle during their search back in May. According to one of the agents, as they continued to investigate, some of those items left inside the vehicle became more relevant to the case. Therefore, the BCA asked a judge permission to search the car again in December.
"Through investigation, to include reviews of both photographs and videos, it was determined that multiple items located within the aforementioned Mercedes-Benz were previously not seized. The items’ relevance to the investigation became pertinent as the investigation evolved," wrote Agent James Reverson in the search warrant application.
After the second search, the evidence receipt says the agents found two white pills, an empty package of "Goodnight Gummies," a package of Airheads gum, and two packages of Suboxone, an opioid addiction medication.
The BCA tested the pills, which were found to be a combination of methamphetamine and fentanyl.
Robert Paule, the attorney for former MPD Officer Tou Thao, argues that the new evidence is important and shows that video of a 2019 arrest of Floyd in which he had drugs should be allowed as evidence in the trial.
"The clear and convincing evidence of Mr. Floyd’s prior act bears a stunning and marked relevance to the events underlying the charged offense and is therefore highly probative of Mr. Floyd’s intent, absence of mistake or accident, and common scheme or plan during his arrest," Paule wrote in a court filing.
In prior arguments, prosecutors wrote that the 2019 arrest should not be allowed as evidence, in part, because there was no evidence Floyd ingested drugs when approached by police in May 2020.
"Defendants also have not identified any evidence suggesting that there were drugs in the vehicle, or that those drugs would have been within reach when Floyd was confronted by Police," prosecutors wrote in a prior filing.
There is a hearing in the case set for Thursday. The trial is still scheduled for March, although both sides want it delayed until summer.
