Tag: Murder

Former Minneapolis Police Officer Derek Chauvin and his defense attorney Eric Nelson attend the final confrontation during the Chauvin’s trial for second degree, third degree and second degree homicide in the death of George Floyd with his defense attorney Eric Nelson in Minneapolis, Minnesota , part. US April 19, 2021 in a still from video.

Reuters

Prosecutors and the defense advanced their final arguments to the jury on Monday in the murder trial of Derek Chauvin, the white ex-police officer who was accused of killing George Floyd last May.

The anonymous, multiracial jury can now deliberate until a unanimous verdict is reached.

Violent police violence against black men broke out in Minneapolis and elsewhere.

“You can believe your eyes,” Prosecutor Jerry Blackwell told the jury. A video of Chauvin with his knee to Floyd’s neck was a central aspect of the prosecution.

“Why is it necessary to continue to lethally restrain a man who is defenseless, who is handcuffed, who does not resist, who does not breathe, who has no pulse?” Blackwell added.

“It was like he was in a truck. It was like being squeezed into a truck,” said prosecutor Steve Schleicher.

Schleicher pushed back the defense’s arguments that Floyd died as a result of his underlying health conditions and drug use.

“You don’t have to believe the amazing coincidence that after this nine-minute restriction of 29 seconds, Floyd” chose this moment to die of heart disease, “said Schleicher.

Eric Nelson, Chauvin’s attorney, began his arguments to get the jury to think deeply about whether Chauvin was acting within the law.

“The standard is not what the officer should have done in the circumstances. It is not what the officer could have done otherwise,” Nelson said.

Nelson said the standard was what a reasonable officer would do in any circumstance he or she faces.

“All the evidence shows that Mr. Chauvin thought he was following his training,” said Nelson. “There is absolutely no evidence that the officer chauvin intentionally and deliberately used unlawful violence.”

The case is the best-known litigation involving a white officer accused of killing a black man in recent years.

Immediately after the arguments concluded, Nelson asked Judge Peter Cahill to issue a mistrial, citing comments from Rep. Maxine Waters, D-Calif. Waters called on protesters on Saturday to “become more confrontational” if the jury concludes that they are not guilty.

Cahill turned down a lawsuit but said, “I give you that Congressman Waters may have given you something on appeal.”

“I wish elected officials would stop talking about this case, especially in ways that do not respect the rule of law, the judiciary or our role,” said Cahill.

White House press secretary Jen Psaki was briefed on the case during a press conference Monday afternoon. Psaki declined to say whether President Joe Biden would be personally disappointed if Chauvin was found not guilty.

The final arguments put forward two very different versions of what happened on May 25, the day Floyd died after Chauvin and other Minneapolis police officers tried to arrest him on suspicion of passing a forged bill.

The Floyd family and Reverend Al Sharpton gesticulate as they arrive at the Hennepin County Government Center to finalize testimony on the trial of former police officer Derek Chauvin, charged with the murder of George Floyd in Minneapolis, Minnesota, USA in April 19, 2021.

Nicholas Pfosi | Reuters

Prosecutors and their experts have told the jury that Chauvin killed Floyd by cutting off his airway with the police officer’s knee while the black suspect was handcuffed and pegged to the floor for about 9 minutes.

During the trial, they made extensive use of video footage recorded by bystanders showing Floyd pleading for his life and telling officers he could not breathe.

The prosecutor also called Dr. Martin Tobin, a pulmonologist and respiratory science expert, who testified that Floyd had died of a lack of oxygen.

“A healthy person exposed to what Mr. Floyd was exposed to would have died,” Tobin told the jury.

Schleicher relied heavily on Tobin’s earlier statements in his final arguments.

“It was very clear that George Floyd died of low oxygen levels,” he said.

The indictment was led by Matthew Frank, an attorney with the Minnesota Attorney General. Two other prosecutors, Schleicher and Blackwell, shared the final arguments.

The defense led by Nelson argued that Floyd died as a result of the large amount of the drug fentanyl that he was taking prior to his arrest in addition to his underlying medical problems. An autopsy also found methamphetamine in Floyd’s system.

Nelson also tried to label the crowd of spectators who were there on May 25 as a threat to the arresting officers and to make their work more difficult. He has argued that Chauvin’s knee may not be on Floyd’s neck, but rather was on his back.

Nelson also highlighted obvious discrepancies between the prosecution’s arguments and Dr. Andrew Baker, Hennepin County’s medical examiner, who performed Floyd’s autopsy.

Baker ruled Floyd’s death was murder, but did not establish that the cause of death was asphyxiation or lack of oxygen as prosecutors alleged.

“The sub-dual law enforcement, reluctance, and neck compression were simply more than Mr. Floyd could endure due to this heart condition,” Baker said.

Dr. David Fowler, a former Maryland chief medical officer called on by the defense, testified that carbon monoxide fumes from a nearby vehicle may have contributed to his death in addition to his enlarged heart, high blood pressure, and drug use.

Chauvin has been charged with second degree murder, third degree murder, and second degree manslaughter. Each of these allegations requires prosecutors to show that chauvin was a “major contributing factor” to Floyd’s death.

Second degree murder is sentenced to a maximum of 40 years in prison. Third degree murder is 25 years maximum and manslaughter charges are 10 years maximum. Actual penalties are often below the legal maximums.

Jurors are instructed that if they have reasonable doubts about Chauvin’s guilt, they must not vote guilty. A unanimous jury is required to convict any of the cases.

The jury consists of 14 people, including two deputies who can be dismissed before the deliberations. The diverse group consists of two multiracial women, three black men, one black woman, six white women, and two white men.

The trial comes as tensions are high. On April 11, while the clashes were ongoing, police officer Kimberly Potter Daunte Wright, a 20-year-old black man, fatally shot and killed during a traffic obstruction in nearby Brooklyn Center and sparked protests.

Potter stepped back, claiming she thought she was using a taser. She was charged with second degree manslaughter.

– The Associated Press contributed to this report

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