Second George Floyd Murder Trial Begins, by Susu Jeffrey
Second George Floyd Murder Trial Begins, by Susu Jeffrey
By Susu Jeffrey Original to Rise Up TImes January 25, 2022
Judge Peter Cahill released the raw video footage of ex-police officer Thomas Lane’s body camera of the murder of George Floyd. It is essential viewing for background of the federal trial of Lane and ex-officers Tou Thao and J. Alexander Kueng. The trial on depriving George Floyd of his civil rights began January 20 in St. Paul with…
When Judge Peter Cahill took the bench in Minneapolis for the sentencing of Derek Chauvin, he did something that is an extreme rarity in the U.S. legal system -- punishing a now-former police officer convicted of murder while on duty. In the past 16 years, just nine law enforcement officers before Chauvin have been sentenced to prison terms after being convicted of murdering people on the job, according to data released this week by the Police Integrity Research Group at Bowling Green State University, which tracks police arrests and prosecutions.
Bill Hutchinson and Stephanie Wash, ‘Why Derek Chauvin's sentencing for murdering George Floyd is a rarity’, ABC
Hennepin County District Court Judge Peter Cahill ruled Thursday night that Chauvin "failed to demonstrate ... the Court abused its discretion or committed error such that Defendant was deprived of his constitutional right to a fair trial."
Chauvin's attorney asked for a downward departure from sentencing guidelines or a sentence of probation with time served.
Janelle Griffith at NBC News:
Prosecutors have asked a judge to sentence Derek Chauvin, the former Minneapolis police officer convicted in the murder of George Floyd, to 30 years in prison.
In a sentencing brief filed Wednesday, prosecutors cite the trial judge's ruling last month that there were four aggravating factors in Floyd's murder.
Judge Peter Cahill said in a six-page opinion last month that prosecutors had proven that Chauvin had abused his position of trust and authority, treated Floyd with particular cruelty, acted in concert with at least three other people and committed his crime in the presence of children.
The ruling paved the way for Cahill to sentence Chauvin to more than 15 years in prison, the longest punishment for second-degree murder under state sentencing guidelines. Cahill agreed with all but one of the aggravating factors prosecutors cited when they asked for what is known as an upward departure.
Prosecutors wrote in the brief that at Chauvin's sentencing June 25, "the Court should take the next step and hold that each of these aggravating factors" is grounds for imposing a sentence two times the upper end of the presumptive sentencing range.
Chauvin, who is white, knelt on Floyd's neck for 9½ minutes. He was convicted in April of second-degree murder, third-degree murder and second-degree manslaughter.
Floyd's death was captured in a harrowing video by a 17-year-old bystander, who testified at Chauvin's trial. The video prompted international protests against police brutality and racial injustice.
Chauvin's attorney, Eric Nelson, asked in a separate brief filed Wednesday for a downward departure from sentencing guidelines or a sentence of probation with time served.
"Mr. Chauvin asks the Court to look beyond its findings, to his background, his lack of criminal history, his amenability to probation, to the unusual facts of this case, and to his being a product of a 'broken' system," Nelson wrote.
Nelson argued in the sentencing brief that, among other things, Chauvin obeyed all court orders after he posted bond and was released from jail before trial.
Nelson also claimed that Chauvin "has been preliminarily diagnosed with heart damage" and that he might die at a younger age, like many ex-law enforcement officers.
"Independent of the long-term damage a prison sentence would inflict upon Mr. Chauvin's life prospects, given his age, convictions for officer-involved offenses significantly increase the likelihood of him becoming a target in prison," Nelson wrote.
Prosecutors seek a 30-year prison sentence for murderer Derek Chauvin, while the defense wants him on probation.
The judge overseeing former Minneapolis Police Officer Derek Chauvin's trial in the death of George Floyd said Monday that Rep. Maxine Water
"I wish elected officials would stop talking about this case, especially in a manner that is disrespectful to the rule of law and to the judicial branch and our function," Cahill added later. "I think if they want to give their opinions, they should do so in a respectful and in a manner that is consistent with their oath to the Constitution, to respect a coequal branch of government."
"Their failure to do so, I think, is abhorrent, but I don't think it's prejudiced us with additional material that would prejudice this jury," he said, adding that "a congresswoman's opinion really doesn't matter a whole lot." - CNN
😡
Closing arguments begin Monday in the Derek Chauvin murder trial for the death of George Floyd.
ABC News:
After closing arguments from the prosecution and the defense, jurors were sent to deliberate the case against Derek Chauvin.
“The state of Minnesota and the Defendant have a right to demand, and they do demand, that you will consider and weigh the evidence, apply the law, and reach a just verdict regardless of what the consequence might be,” Judge Cahill instructed the jury. “You must be absolutely fair. Remember that it is fair to find the Defendant guilty if the evidence and the law require it. On the other hand, it is fair to find the Defendant not guilty if you are not convinced of his guilt beyond a reasonable doubt.”
“Now, members of the jury, the case is in your hands as judges of the fact,” he said. “I’m certain that you realize this case is important, serious, and, therefore, deserves your careful consideration.”
The jury will be sequestered until jurors reach a verdict.
The Derek Chauvin Trial is now headed to jury deliberations to determine the fate of former Minneapolis PD officer Chauvin for his role in the killing of George Floyd. A verdict could be coming down at any time.
The former Minneapolis police officer faces manslaughter and murder charges in George Floyd's death. The prosecution and defense get one last chance to be heard before the jury begins deliberation.
Dustin Jones at NPR:
Monday marks the beginning of the end in regards to the trial of former Minneapolis Police officer Derek Chauvin, who is accused of killing George Floyd last year by kneeling on his neck for more than 9 minutes. The defense and prosecution have each rested their cases and both sides are set to deliver their closing arguments Monday.
After three weeks of emotional testimony and expert opinions, coupled with two fatal police shootings since the trial began, pressure has mounted as the world watches the Twin Cities. Monday will provide both sides one last opportunity to be heard before the jury decides Chauvin's fate.
Chauvin faces three charges: second-degree murder, third-degree murder and second-degree manslaughter.
Before the jurors left for the weekend, Judge Peter Cahill suggested they prepare for a lengthy deliberation.
"If I were you, I would plan for long and hope for short," Cahill said. "Basically, it's up to the jury how long you deliberate, how long you need to come to a unanimous decision on any count."
The prosecution has relied on eyewitness accounts, video footage of the arrest, as well as medical experts, in their case against the former police officer. Chauvin's defense attorney Eric Nelson has worked to instill reasonable doubt in jurors' minds. He argued that a history of drug use and possibly carbon monoxide poisoning from squad car exhaust contributed to Floyd's death.
Tomorrow (or later this morning in some parts of the USA), the closing arguments of the Derek Chauvin Trial are set to begin. The verdict could come anytime later this week or next week.
In my opinion, I believe that Chauvin should be guilty on all three counts (2nd degree murder, 3rd degree murder, and 2nd degree manslaughter).
My predictions for likelihood of guilty/not guilty/hung jury:
2nd degree murder: 38% guilty/34% not guilty/28% hung jury
3rd degree murder: 59% guilty/20% not guilty/21% hung jury
2nd degree manslaughter: 87% guilty/1% not guilty/12% hung jury
