defendant thomas lane notice intent offer ......27-cr-20-12951 filed in district court state of...

27-CR-20-12951 Filed in District CourtState of Minnesota

9/30/2020 11:39 AM

STATE OF MINNESOTA7

DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

State ofMinnesota,'

Court File No. 27-CR-20-12951

Plaintiff,DEFENDANT THOMAS LANE

v. NOTICE OF INTENT TO OFFERCHARACTER EVIDENCE

Thomas Kiernan Lane,

Defendant.

The State in its Amended Notice of Intent to Offer Other Evidence agreed that it will be

required to prove “certain states ofmind and disprove a claim of reasonable force”. The State’s

burden as to Thomas Lane is that Lane knew that Chauvin was committing a third degree felony

assault and with criminal intent aided Chauvin in the'a's-saultknowing that the force used by

Chauvin was unreasonable.

With respect to criminal intent, knowledge, and reasonable force, Thomas Lane intends,

pursuant to Rules 404(a)(1), 405(b), and 406 of the Minnesota Rules ofEvidence, to put his

pertinent trait of character fer p'eaceilness in evidence. Lane will "offer a body Worn Camera

(Exhibit A), along with a transcript (Exhibit B), ofvhi'm' on January23, 2020 at 3 :40 a.m. working

as a trainee ofcer. The body worn camerawill show-the jury that On this date and time Thomas

Lane was involved in an encounter with a homeless Black individual in a wheelchair. The

gentleman, named Quinton, was alone in his motorized Wheelchair with a dead battery. Lane

proceeded to assist the man and ultimately walked, pushing the wheel chair, through a' snow, ice,

rain mixture in the January winter cold to the police precinct where the gentleman could rest


9/30/2020 11:39 AM

inside a warr building while his motorized Wheelchair charged.

This specic instance of conduct ofLane’s character will be strong circumstantial

evidence that Lane did not with criminal intent assist in the murder ofGeorge Floyd.

Dated this 30th day of. September, 2020.

' Respectfully Submitted,

s/ Earl Gray

Earl P. GrayAttorney No., 37072332 Minnesota StreetSuite W- 1 6 1 O

' St. Paul, Minnesota 55 l 01(65 1) 223-5 1 75


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Check_Well (Completed 09/30/20)

(silence)

Probably park right here. [inaudible 00:00:00]

How you doing, man?

Scooter died on me.

You got a way to get it charged, .or you need a charge?

Yeah, | need a charge.

You got a cord on you?

A what? Yeah, | got a battery right here. Charger in the back.

Okay.

But, l need to get somewhere with an input so | can charge it up. Somewhere | can eator something and charge it up.

We got Starbucks right dpwn there, but-

I'm trying to get to the Harbor Lights too.

Oh, okay. That's a ways. Are there places that have outlets around?

Used to.

Not bus stations or bus stops?

Can't remember the last place...

Dude, l can pull you under here so you're not in the snow, or is it completely...[inaudible 00:02:03] Oh, man, that's... This is all just ice right here too. Are those wheelseven moving? Yeah? [crosstalk 00:02:21] There we go, so you're at least not in the rain

right now.

Okay. Than‘k you.

You got it. All right. Where's the charging stuff?

Right here in this [inaudible 00:02:37] bag.EXHIBIT

. Petal/beg

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Right here?

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Yeah.

How long does it need to charge before you can move?

- A few seconds, | mean, in order for me—

Does it pop out?

Huh? It ain't going to go far, but it'll-

Does this pop out though?

ls that the battery here, or is that the-

Yeah, that's the battery and the charger.

Where's the battery go into it then?

This here go into this part, and the cord go into a-

How long does it take to charge?

About 20 minutes.

20 minutes?

Yeah. [inaudible 00:03:15] What bus | can jump on or something to get to this Harbor

Lights?

What was the question?

How to get to Harbor Lights by bus. l think the light rail gets you closest, right?

Okay. Light rail.

l don't think there's really any buses.

I'd say light rail to the twins.

Then only one | can think is the free ride, but l don't know it he'll be able to hop on it.

Are you able to get onto the light rail free ride there?

Yes sir.

Well, he's got a plan, so we'll see. You're good for now? You're warm enough and

everything?

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Yes sir.

All right.

ljust need to be able to get on the bus [inaudible 00:03:58] to my destination. |

appreciate everything you're doing.

Yeah, no problem, man. It's a bummer of a night to have it go dead on you, too.

Huh?‘

This is a bummer of a night to have it...

Yeah. Man, | think something's going wrong with the charger too, because it'll charge fora minute, and then it'll die out on me.

Oh.

l may have to get that checked out too.

You got a service thing for it, or plan or anything?

Well, Harbor Lights, and then l got [Gill 00:04:25], I'm a client of Gill's.

Okay.

They want me to come to this Harbor Lights.

Yeah, because if that's... Sometimes,'those batteries get blown out, and they don't...

Yeah, like you're saying, it doesn't hold a charge. [crosstalk 00:04:36] Yeah, go ahead.

I think that's what's going on. l think it's dying out on me.

l didn't realize this was the entrance. Whoops. 0h, whatever.

That's why they had me over there, but...

0h, did they come out and say something?

Yeah. l tried to get in there and get something to eat. | thought they had a plugin. I was

going to plug in while I'm eating.

Yeah. ls there a way to put it in neutral so | can move you easier?

They said it's got a button on each motor that you push.



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Okay.

She's plugged in right now, so we'll give it a little bit to charge, all right?

Huh?

I didn't realize it's the entrance to [crosstalk 00:05:20]

No, | know. 0h, you need to plug it into that? So it is charged already?

No, so it can charge.

No, | know. l have it plugged in. You can charge it from that?

It got to be. The white cord-

Right, | get that, but is your battery dead?

Yes.

Okay. So, it needs to charge first before we can plug it back in, right?

No, it needs-

That battery is in here? That's not the battery?

Right.

Oh.

So, what is that then?

Huh?

What is it you handed over?

That was the charger to charge this.

Oh, l got you. ls that charged? ls that fully charged then?

Yeah, l mean [crosstalk 00:05:53] acting up, yeah.

Okay. Where does it plug?

The white cord plugs in here. The white cord [inaudible 00:06:06] Oh, l'm sorry, sir.

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No, you're good. You got to get somewhere else so you can plug that in, and then plug itinto here.

Right.

Okay.

They said they didn't have no input.

Huh. We'll see if he's got another plan. Here, let me see if l can... You guys coming in

here?

Yeah.

All right. Yeah, go ahead.

Awesome. Thank you.

I thought this was the exit. That's why | was-

| was going to go in here and buy something to eat and charge up.

Here, what do I, press the thing on this side? This end?

Let me see. Yeah, you see that button there?

Where at?

Right there.

On the back?

Yeah, right here.

Can you do it?

Yeah, I can. My hands are froze.

Where? Here?

That button. No.

This?

Right here.



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So, is it charging now then?

Let me see. Oh, there.

Yes.

Freewheel.

So, does this have to go to this [crosstalk 00:07:26]

Yes sir.

0h, I gotcha now. I'm putting it together.

Let's see here. I'm going to try to move him. Oh, that's a lot easier.

I'm trying to think where...

There we go. Yeah, Starbucks?'

Starbucks is on the end of that block.

Is this one? I thought it was right there.

It's closed.

Okay. 10:15?

l'm trying to think ofwhere there's a fricking...

Precinct's two hlocksaway.

You going to push him all the way there?

Yeah. No, probably not. Not in this weather.

We could. l guess that's not the worst option.

l mean, yeah, if that's... | guess, l don't know the little ins and outs ofwhere would be a

good spot.

[inaudible 00:08:18]

Yeah.

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They've been used and abused. Yeah, I mean, that could work if you want to try that,just put your jacket on.

Okay.

Get him to the precinct, and then we'll have him charge there. All good from there.

Okay. In the front hall? Can you get in the front door though?

Should be able to.

Isn't there stairs?

There's a slant in the front.

Okay. To go into the precinct?

Mm-hmm (affirmative).

Then, how about getting to Harbor from there?

He'll just go down lst Ave. [inaudible 00:08:54] be right there.

What do you think? Go down to 4th and then back?

Go down 5th all the way to [inaudible 00:09:07] parking lot, and then [inaudible00:09:10]

The back?

Probably easier.

By the Gay Nineties and Auggies? [inaudible 00:09:15] Oh, you can get through there?Okay.

[inaudible 00:09:30] plugged in.

Yeah.

I'll just trail you. [inaudible 00:09:44]

Yeah. All right. All right. What's your first name, sir?


Holy shit. Quentin?



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Yes.

All right, Quentin, we're going to go on a little trip here.

Okay.

He's just going to trail us. We're‘just going to go to the precinct, and we can go in thefront. They got a charger there, so we'll just charge that.

Oh, okay.

Are you buckled in? | don't want you to fall out or anything, right? How fast you go onthis thing?

About five miles an hour.

Oh, okay. lt ain't got a turbo charger or anything?

No.

What were you doing over this side?

Well, [inaudible 00:10:41] me to come over here, but they kicked me out of the HigherGround in Minneapolis.

Okay.

Said | provoked someone to a slap.

Oh.

My caseworker was going to fight that.

Okay.

I have to go along with the rules and regulations and get off of their property.

But, you're staying at Harbor right now, right?

Yeah, I'm going to go over to Harbor and stay until they [inaudible 00:11:13]

Yeah.

That's what my caseworker told me to do.

Yeah. [inaudible 00:11:21] Hey, did you code 4 us? Code 4? Oh, boy. There's some snow.

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| appreciate everything you're doing for me.

Yeah, man. Don't worry about it.

I'm trying to get help, but nobody [inaudible 00:11:51]

What's that?

| said I was trying to get help, but wouldn't nobody say nothing to me.

Yeah, that's kind of messed up. Not going to lie. That ain't right.

Kept walking past me. [inaudible 00:12:04]

Well, the precinct is warm, so at least you got... It's not like you're charging outsidesomewhere. You hang out there for a little bit.

Okay.

You know how to get to Harbor .from there, right?

No, I don't.

Okay. We can... lt's basically just down, l think it's on lst. It ain't far.

Oh, it ain't far from the precinct?

Yeah.

Okay.

Geez.


Let me see here. ljust don't want to have you go forward.

No, l won't.

You're good?

Yeah. I'm good.

Ready?

Yeah. Too heavy.



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| got zero traction. Here, i'm going to turn you around and just go backwards over it.Yeah, it's slick.

Yeah. Man, ljust wonder what I'd be doing without y'all.

i have no traction at all. These boots, it's just like skating rink. These boots are supposedto be nonslip. I'm going to have to return them. What's that? Weli, it says nonslip.


Oh, my gosh, why don't they come salt? There we go. All right. We're going to gostraight across the light rail station. r


What's that?

l don't have no steering.

Oh, yeah. You're good. You got me here. All right. Lean back. There we go. See. if | canget across the street in this light. Oh, there we go. You go through that puddle all right?

Yep.

There we go. We're going to cut through on the right over here.

All right.

That's nice.

What's up OG?

I got a ride.

It went dead on you?

Yeah, it's out.

It went dead on me.

All right. Oh, man. Let me see here. How deep is this? Got to go around the block. No, itain't bad. Oh. Fuck.

What, are you trying to get over?

Yeah.



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You probably going to have to use this.

This? | don't know if l trust that.

Unless you going to take him on the other side.‘

This? I think it's too wide. Let's see.

Yeah, it'll work.

Ijust don't want you falling in the puddle like this. [crosstalk 00:16:04]

Yeah, you can get it.

You can do it.

You can get it.

All right.

Not too fast. Come on. Come on. [inaudible 00:16:17] Come on. Come on. Come on.Come on. Come on. Come on.

Look at that.

Yeah, | knew it would go.

All right. Thank you, man.

You welcome.


This is where it might get tricky. We're going to go down here, and to the front. Oh, boy.You want to try and pull? l think we got to turn around again. lthink that front wheelcan't get over it, and pull it. Look at that puddle we went over. Look at that. We went onthat ramp. That puddle is ve, six inches deep.

Yeah, it was.

You good?

Yeah.

There we go. [crosstalk 00:17:47]

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Thank you. You going to get blessed for this.

Huh?

You're going to get blessed for this.

Oh. My wife blesses me all the time. [crosstalk 00:18:14] So she says though, right? Younever know. These puddles back here. This stuff's melting quick. Oh, boy. Yeah.

You're almost there.

l know. [inaudible 00:19:03] all right.

You getting a workout in?

Yeah. lwas like, "This is what I need."

Yeah.

A little front workout. Hang out for a little bit.

Yeah.

Find out that my shoes are not as advertised. Nonslip. You tell me if I'm going to hitanything. | can't really see.


This thing's pretty stable.

Yeah.

How much does it weigh?

[inaudible 00:19:52] It's powerful too.

You wouldn't have any problem going through this stuffwhen it was charged?

No.

That's awesome. [crosstalk 00:20:03] Oh, okay. Here we go. Oh, geez. God. I think I'm

just going to go backwards again. l'm too tall. | got a high center of gravity.

Yeah. [inaudible 00:20:57]

What's that? /



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i said, you're doing pretty good though.

Well, maybe. ijust got to get up. 0h, God.

So, the Harbor Lights ain't far from here?

What's that?

Harbor Lights' ain't far from here?

No. That's good there, it's just out. [inaudible 00:21:36] You going to get the door?

Like l said, something is- [crosstalk 00:21:37] the way she's supposed to.

So, if you have any questions, just let us know, okay?

Okay. [crosstalk 00:22:01] All right. Thank you.

We'll be out here.

All right. Thank you, sir.

You got it.

Make sure it's charging before we do anything. [crosstalk 00:22:11] it looks like it'scharging. Yellow?

Yes sir. It's supposed to turn green.

All right, we'll check in here in about 10 minutes, okay?

Okay.

All right, man.

All right. Thank you.

Yep.

It's charging up. It's green now, right?

Yeah, but it ain't even charged.

Just leave it off [crosstalk 00:22:33]

She been acting up.

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The charger, or the chair itself?

The charger. [crosstalk 00:22:49]

check in in about five, 10 minutes, okay bud?

[crosstalk 00:22:51]

You’re very welcome.

Could l get something to drink or something?

Vending machine there, but yeah, there's no drinking fountain in the front.

Okay. Can l get something out of the machine? How much it cost?

I'm not sure. Everything's different, l think.

They got Mountain Dew there?

Yeah.

How much is a Mountain Dew?

75 cents.

75?

Yeah.

I got a dollar here. Can | get two of them? What other kind you got?

l don't know. There's a few different kinds.

Mountain Dew and grape.

Mountain Dew, Coke, Pepsi, Diet Pepsi, and the grape is Monster. That's going to bemore.

Okay. How much is that?

I don't know, probably a buck 25 or something.

Okay.

You want a Monster too?

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Yes sir.

Give me another dollar?

Okay.

Oh, wait. No. Yeah, that should be good. We'll see. (silence)

Oh, it's two bucks.

Two bucks?

Yeah.

How much I need?

Another buck.

Okay.

What was your first name again?

Quentin.

What is it?

Quentin.

Quentin, yeah.

Yeah.

I thought it was Quincy for a sec.

Yes sir. I got a nervous condition.

It's all good, man. (silence)

All right, Quentin.

Okay, thank you sir.

Got some refreshments.

All right.


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Hang out, we'll check back in a little bit, all right?

Okay. See if that turns red.

All righty.

Okay.

That means it's charging?

No, it means something's wrong. But, I'll get it.

Yeah, maybe fiddle around with it. If you need something, let the guy up front know.

Okay.

Cool, man. l already crossed that threshold.

Is your camera off?

What's that?

Is your camera off?

Yeah, no.


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defendant thomas lane notice intent offer ......27-cr-20-12951 filed in district court state of...

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