Judge quashes defense subpoena of George Floyd pal Morries Hall, citing 5th Amendment rights
A man who was with George Floyd the day of his deadly arrest does not have to testify in the murder trial of ex-Minneapolis cop Derek Chauvin, the judge presiding the case ruled Wednesday.
Morries Hall, one of two passengers who were in Floyd’s car when cops first approached him last spring, appeared in the Hennepin County courthouse to formally announce his decision to invoke the Fifth Amendment, a constitutional right against self-incrimination.
“I’m fearful of criminal charges going forward,” he told Judge Peter Cahill in a brief hearing held away from the jury.
Hall, who was subpoenaed by the defense to testify in the ongoing trial, noted that he has pending charges in a separate case and confirmed he would refuse to answer any questions about his interactions with Floyd if forced to take the stand. Defense attorney Eric Nelson was widely expected to ask Hall whether he provided drugs to his friend before the fatal police encounter last year.
Cahill agreed Hall’s possible testimony could incriminate him or provide a link to incrimination and announced he would quash the defense subpoena.
“I do find that his invocation of his Fifth Amendment rights is valid,” Cahill said.
The judge had previously asked Nelson to submit a list of proposed questions that might not incriminate the potential witness. But Hall’s attorney argued that her forcing her client to testify would violate his constitutional protections.
“If Mr. Hall puts himself in that car, he exposes himself to constructive possession charges,” attorney Adrienne Cousins told the court Wednesday.
Hall, 42, is in jail on unrelated drug charges, but he has never been charged in the Floyd case. He gave cops a fake name when police were investigating a report that Floyd had used a counterfeit $20 bill on May 25 and was arrested in Texas weeks later on an outstanding warrant.
Hall’s attorney argued he could even face a possible third-degree murder charge because prosecutors never offered him any kind of immunity. It’s unclear whether Hall sold or gave any drugs to Floyd before the deadly arrest, but Floyd’s former girlfriend testified that she believed her boyfriend sometimes did buy drugs from Hall.
The defense hopes to convince the jury that Floyd died from illegal drug use and underlying health conditions — not because Chauvin knelt on his neck for more than nine minutes. An autopsy did find fentanyl and methamphetamine in Floyd’s system, but prosecutors say Floyd died from low oxygen levels after Chauvin pinned him on the pavement in front of horrified bystanders.
Also on Wednesday, Nelson made a motion for acquittal, arguing prosecutors brought witnesses who gave conflicting opinions about the case and failed to prove Chauvin’s action caused Floyd’s death. Cahill promptly rejected the motion, which is a typical last-minute maneuver in criminal trials.
Chauvin, 45, faces up to four decades in prison if convicted. Closing statements in the closely watched trial are expected to begin Monday.
