County Attorney Says Officer Involved in George Floyd Death Invoked the Fifth, But His Lawyer Denies It

george floyd derek chauvin fifth amendment

Thomas Kelly, the attorney for Derek Chauvin, an officer involved in the death of George Floyd, denied his client invoked his Fifth Amendment right after Hennepin County Attorney Mike Freeman said he did.

Freeman told CNN after a briefing on Thursday that all four officers–Chauvin, Thomas Lane, Tou Thao and J. Alexander Kueng–invoked their Fifth Amendment rights. The Fifth Amendment, commonly referred to as the right to remain silent, allows a person to refuse to testify if their answer could incriminate themselves.

However, Kelly told Newsweek that Chauvin did not. Newsweek reached out to the Hennepin County Attorney Michael Freeman's office for comment, but did not receive a response in time for publication.

The Minneapolis Police Department fired the four officers after a video of Chauvin kneeling on Floyd's neck while he says he can't breathe went viral on social media. Floyd was pronounced dead at the hospital about an hour and a half after officers arrived on the scene to respond to a potential forgery.

His death sparked protests nationwide and Minnesota Governor Tim Walz mobilized the National Guard to Minneapolis on Thursday as tensions mounted. More than 500 soldiers were sent to the St. Paul, Minneapolis area with a mission to "protect life, preserve property and the right to peacefully demonstrate," according to the Minnesota National Guard.

As of Friday morning, no arrests have been made and no charges have been brought against any of the four officers, fueling frustrations. During Thursday's press conference, Freeman said his office received thousands of calls, emails and social media messages with one central question: "what are you going to do about the murder of George Floyd?"

A placard displayed at a flashmob of protest against the killing of George Floyd in front of the consulate of United States of America on May 28 in Milan, Italy. All four officers involved in Floyd's death have invoked their Fifth Amendment rights, according to Hennepin County Attorney Mike Freeman. Francesco Prandoni/Getty

He acknowledged that people want justice and are angry that the officers haven't been charged, but urged everyone to give his office time to conduct a proper investigation. Floyd's death will be investigated "as expeditiously" and "thoroughly as justice demands," and it must be done right, according to Freeman. He condemned the officers' actions, but noted that a video being "graphic and horrific and terrible" and showing behavior that "no person should do" isn't enough on its own to bring charges.

"The question in my business is, is it criminal?" Freeman said. "That's what I have to prove and there are cases that you can quickly and easily evaluate. Most cases, particularly cop use of force cases, are specifically more complex and have to be done right."

Kelly pointed to the 2015 death of Freddie Gray, a 25-year-old man who was found with a nearly severed spinal cord after being put in a police transport van. Shortly after his death, Baltimore State's Attorney Marilyn J. Mosby charged six officers involved. Prosecutors later dropped charges against three officers, and the three who went to trial were acquitted.

Freeman said it was a "rush to charge" and a "rush to justice" in the Gray case, and that he would not follow the same path. "I'm going to do this right," he said, adding that "justice cannot be rushed."

Mosby called it "shameful" for Freeman to use her office to "justify his inaction on the tragic and public killing" of Floyd. She added that it was "demonstrably false" to say there was a rush to charge and stood by her decision to bring the charges against the officer.

"I didn't have video footage of a murder–evidence any prosecutor would dream of," Mosby said in a statement. "Mr. Freeman needs to own his decisions and be courageous enough to decide whether or not to prosecute and pursue justice for the murder of George Floyd."

If a decision is made to charge the officers, Freeman said the criminal complaint will be posted on his office's website. If charges aren't filed, the report and "all evidence" will be made public.

This article has been updated to reflect that Chauvin's attorney denied that his client invoked his Fifth Amendment right.

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