CASE LAW UPDATE: Whether the trial court did not abuse its discretion in denying $6300 for expert services and only granting $1200?
Defendant Police Officer Kueng, one of the police officer defendants in the George Floyd murder case, requested $6300 for expert services related to a motion to change venue due to excessive pretrial publicity. Defendant Kueng evidently has been found indigent. However, it appears that his counsel is privately retained, and not a public defender. The trial court granted $1200 for expert services, but denied the $6300. What is interesting in this case is that in the not too distant past, the Minnesota Court of Appeals held that for defendants who retained private counsel, they could never get assistance with expert services. And, counsel in this case appears to be privately retained. So, it appears that this issue has been muddied: whether defendants who have retained private counsel may seek assistance with expert witness fees?
State v. Kueng, A20-1225, Hennepin County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.