The article was published in the Times in February, just a month before jury selection in Chauvin's trial began. It reported that in May 2020, as protests broke out in Minneapolis over Floyd's killing, Chauvin agreed to plead guilty to third-degree murder so long as he would serve his sentence in federal prison, if the U.S. Department of Justice promised not to add to the state court charges Chauvin was already facing.
But then-U.S. Attorney General Bill Barr ended the talks, saying he wouldn't waive the Justice Department's right to file federal civil rights charges, the Times reported. The article cited its unnamed sources as "three law enforcement officials."
In an affidavit filed Monday, Chauvin's attorney, Eric Nelson of Halberg Criminal Defense, said he leaked nothing to the New York Times. He even attached copies of email inquiries from reporter Tim Arango with the subject line "New York Times calling."
Arango first emailed Nelson to see if he would comment on a court order, then if he would meet up for an off-the-record chat, then if he would comment on what Arango had learned about the plea deal. Each time, Nelson declined to comment or discuss the case.
"I am not the source of the information in the above-referenced articles," Nelson wrote in his affidavit. "I do not know the identity of the source of the information."
Chauvin was recently convicted in state court of murdering Floyd last Memorial Day while arresting him for allegedly using a $20 counterfeit bill at a convenience store. Chauvin pressed his knee into Floyd's neck for more than nine minutes as Floyd, who lay handcuffed face-down on the ground, begged the officer to stop, said he couldn't breathe and eventually lost consciousness.
Two other officers — J. Alexander Kueng and Thomas Lane — also restrained Floyd, while officer Tou Thao watched a crowd of bystanders who warned police they were killing Floyd.
A state court jury convicted Chauvin in April of second-degree murder, third-degree murder and second-degree manslaughter. He faces a sentence of up to 40 years.
A few weeks later, a Minnesota federal grand jury indicted Chauvin, Kueng, Lane and Thao with civil rights violations for their lethal arrest of Floyd.
Soon after the Times article came out, Thao's attorney, Robert Paule, filed a motion to dismiss the case and to sanction Minnesota Attorney General Keith Ellison; his assistant attorney general, Matthew Frank; and former U.S. acting Solicitor General Neal Katyal, of Hogan Lovells, who served pro bono as a special prosecutor in Chauvin's case.
Paule alleged the three high-profile lawyers were to blame for "the leaking of highly prejudicial information related to potential plea agreements of co-defendants." He revived the issue during a hearing Thursday, calling the Times leak the worst example of prosecutorial conduct he'd ever seen.
Hennepin County District Court Judge Peter Cahill expressed concern about the leaks. He also delayed the trial of the three other former police officers who are accused of aiding and abetting Floyd's murder, saying they should face the new federal charges first.
Cahill said he believed the leak came from the Justice Department, not local prosecutors, according to pool reporters at the hearing. But he added he'd consider dismissing the case if it turned out that prosecutors were Arango's source. He told members of the prosecution team to file affidavits assuring the court that they did not leak the information.
So far no prosecutors in the case have filed an affidavit, but Thao's attorneys, Robert and Natalie Paule, also filed affidavits with the court on Monday, as did Amanda Montgomery and Earl Gray, attorneys for Lane, as well as Amy Voss, an attorney who assisted Nelson in Chauvin's defense.
--Editing by Bruce Goldman.
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