BREAKING NEWS: CHAUVIN GUILTY ON ALL THREE CHARGES

by David M. Greenwald

It was a quick verdict for the jury—taking less than ten hours.  The judge read the verdict—guilty on all three counts.  Derek Chauvin was quickly remanded into custody.

Attorney Ben Crump tweeted, “GUILTY!! Painfully earned justice has finally arrived for George Floyd’s family. This verdict is a turning point in history and sends a clear message on the need for accountability of law enforcement. Justice for Black America is justice for all of America!”

He added, “We thank AG @KeithEllison & his team, along with our legal team, for fierce dedication to justice. But it does not end here. We still have work to do! We must pass George Floyd Justice in Policing Act to hold police accountable & prevent unjustified killings of marginalized POC.”

Governor Newsom released a statement: “The hard truth is that, if George Floyd looked like me, he’d still be alive today. No conviction can repair the harm done to George Floyd and his family, but today’s verdict provides some accountability as we work to root out the racial injustice that haunts our society. We must continue the work of fighting systemic racism and excessive use of force. It’s why I signed some of the nation’s most progressive police reform legislation into law. I will continue working with community leaders across the state to hear concerns and support peaceful expression.”

Fair and Just Prosecution Executive Director Miriam Krinsky pointed out: “Police kill around 1,000 people every year, but only seven officers have been convicted of murder in police shootings since 2005. At least 64 people, half of them people of color, have been killed by the police since the start of this trial. Accountability in a single case—while critical—is not enough to address this epidemic of lives lost, and reform around the edges also is not enough to do so; we must transform and reimagine how we create public safety.”

San Francisco DA Chesa Boudin noted, “The verdict against Derek Chauvin does not remedy the long history of impunity for police who commit crimes in the United States.

“There remains a tremendous amount of work to do as a nation to hold police accountable.  But accountability is only the end of the story,” said District Attorney Boudin.  “As the recent killing of Daunte Wright reminds us, our country and our city over-rely on police to respond to incidents that do not require the assistance of armed officers—often with tragic results.  We must reimagine policing in our city and in our nation and ensure that we prioritize our limited resources to promoting public safety through public health, housing, and health care.”

Philadelphia DA Larry Krasner said in a statement, “This afternoon, a Hennepin County jury entered the only right and just verdict in this case. We hope that Mr. Floyd’s family and friends can find some modicum of peace today, even though we know that there is no way to ever fully restore their loss. Now we must do our job and fight for transformational changes to policing and for increased accountability for officers who break the law. There is no time to rest.”

Suffolk County, MA, DA Rachael Rollins tweeted, “The road to equality is long and uneven, but there was justice today. I am grateful to my fellow prosecutors and for the police who testified against Derek Chauvin.”

St. Louis Circuit Attorney Kimberly Gardner said, “Derek Chauvin was convicted on all counts for the murder of George Floyd because everyone did their part to ensure justice! While this won’t bring Mr. George Floyd back to his loved ones may his tragic and senseless death be an awakening to show the world that police brutality is unacceptable and officers will be held accountable throughout our nation.”

Alameda County Public Defender Brendon Woods was somber: “One verdict does not erase the harm and violence this system has inflicted on communities of color. This cannot be reformed.”

Others recognized the importance of the verdict and the work that needs to be done.

Genevieve Jones-Wright who ran for DA in San Diego in 2018 tweeted, “The guilty verdicts in the #DerekChauvin trial today are important — but our work is not done.”

The Vanguard will have more.

Chauvin: George Floyd Murder Trial Coming to a Close – Schleicher and Nelson Make Closing Arguments

By Max Kennedy and William McCurry  

MINNEAPOLIS, MN – After nearly three weeks of testimony, and nearly as long for jury selection, the trial of ex-cop Derek Chauvin for the murder of George Floyd went to the jury Monday here.

Prior to the closing arguments, Hennepin County Judge Peter Cahill instructed the jurors on the law that describes all the charges for Chauvin, with familiar admonitions that jurors need to eliminate anything they have heard outside of the evidence presented to them, and that Chauvin is presumed innocent of the charges unless or until he is proven guilty beyond a reasonable doubt.

The burden on proving guilt is on the state, Chauvin does not need to prove that he is innocent, said the judge, adding that proof beyond a reasonable doubt is proof that is prudent in such men and women would act upon in their most important affairs. A reasonable doubt is a doubt based on reason and common sense.

Judge Cahill informs the jury they need to rely on their own memory when deliberating. When they come to a decision, they are to decide guilt on all three counts, giving a guilty or not guilty verdict for each charge.

Chauvin is not criminally liable if a superseding cause caused the death. Cahill explains that Chauvin is charged with count one murder in the second degree. Under this count, the state has to, beyond a reasonable doubt, prove the death of George Floyd, Chauvin caused the death of Floyd, was committing or attempting to commit assault in the third degree, and the offense took place on or about May 25, 2020, in Hennepin County. If the jury finds all of these factors true, he is guilty.

In count two, Chauvin is charged with murder in the third degree. Under this count, the state has to prove the death of Floyd, Chauvin caused the death of Floyd, Chauvin caused the death by an intentional act that was eminently dangerous towards other persons, Chauvin acted with a mental state of disregard for human life, and the offense took place on or about May 25, 2020, in Hennepin County. If the jury finds all of these factors true, he is guilty.

Lastly, in count three, Chauvin is charged with manslaughter in the second degree. Under this count, the state has to prove the death of Floyd, Chauvin caused the death of Floyd by culpable negligence, and the offense took place on or about May 25, 2020, in Hennepin County. If the jury finds all of these factors true, he is guilty.

Schleicher provides his closing argument first – “His name was George Perry Floyd Jr. and he was born on October 14, 1973,” starts Schleicher.

“This was a call for counterfeit $20 bill, all that was required was some compassion. Humans need that, people need that, but more importantly, what George Floyd needed was some oxygen, that’s what he needed at that time,” states Schleicher.

“He needed to breathe because people need that, humans need that to breathe and he said that and the defendant heard him say that over and over, he heard him but he just didn’t listen, he continued to push him down to grind into him, to shimmy, to twist his hand. For nine minutes and 29 seconds, he begged, George Floyd begged until he could speak no more and the defendant continued,” explains Schleicher.

As Schleicher continued in his touching and sad argument, he reminds the jury that the medical examiner determined Floyd’s death as a cardiopulmonary arrest complicating law enforcement subdual restraint and neck compression and determined his death was a homicide. “What the defendant did to George Floyd killed him,” adds Schleicher.

Schleicher highlights that the jury met the members of the department staff who train on use of force and they stated, “we don’t train this.”

Schleicher asserts. “He didn’t follow training, those hundreds of hours of training that he had. He did not follow the department’s use of force rules, he didn’t perform CPR. He knew better, he just didn’t do better.”

Schleicher tells the jury that he was not policing, he was assaulting and unnecessary. “This was not an accident, he did it on purpose. His ego, his pride, not the kind of pride that makes you do better, be better, the kind of ego-based pride.

“The defendant was not going to be told what to do, he was not going to let these bystanders tell him what to do, he was going to do what he wanted, how he wanted, for as long he wanted and there was nothing, nothing they could do about it because he had the authority, he had the power of the badge,” yells Schleicher.

Schleicher then states that Chauvin chose pride over policing. As Floyd cried out he wasn’t trying to win, “the defendant was trying to win, he wasn’t going to be told what to do, he wasn’t going to take a challenge to his authority, he was trying to win and George Floyd paid for it with his life.”

As you see video of Floyd handcuffed and out of the car, with four officers, Schleicher tells the jury a reasonable officer should have realized that he wasn’t trying to escape or punch anyone. Floyd was just trying to get out of the back of the car.

“It could have been over there,” states Schleicher, but they put him face down and sat on top of him with their knees on him and Chauvin’s knee on his neck.

As Floyd’s life is counting down with the officers on top of him, Schleicher says “you need to step back and look at if the officer had not restrained him or taken other actions…would George Floyd have died that day?”

“Believe your eyes, what you saw, you saw,” states Schleicher.

As Schleicher continues his argument, he now shows the jury, as a whole, how he and his team proved the elements of each charge beyond a reasonable doubt.

According to Schleicher, under count one of murder in the second degree, they proved the death of George Floyd through the physician who pronounced him dead. They proved that Chauvin caused Floyd’s death and the fact that other causes contributed to the death does not relieve the defendant of criminal liability.

At the time of Floyd’s death, Chauvin was committing or attempting to commit assault in the third degree. This was proven by Chauvin’s intentional unlawful force resulting in bodily injury and he inflicted substantial bodily harm. In the last element of count one, it was shown through every video with a time and date stamp it was committed on or about May 25, 2020.

As to count two, Schleicher states that they have proven murder in the third degree, just as they have proven count one, and the death was more than proven and in every fact you see Floyd die first hand. Schleicher rules, along with every witness, that Chauvin played a substantial role in Floyd’s death by not allowing him enough oxygen.

Under murder in the third degree, Schleicher had to prove that Chauvin’s act was eminently dangerous to other persons and he acted in a mental state consisting of recklessness and disregard for human life, a conscious indifference.

Schleicher claims that it was apparent to everyone there that Floyd was dying and he didn’t listen to bystanders or fellow officers and kept Floyd face down. “A nine-year-old could tell you that, did tell you that,” states Schleicher, referring to a then nine-year-old witness to the killing.

In the bodycam footage that Schleicher showed to the jury one last time, you see an officer picking rocks out of the squad car’s tire, clearly showing indifference and disregard for Floyd’s life.

Lastly, in count three manslaughter in the second degree, Schleicher had to prove that the death of Floyd again, Chauvin caused Floyd’s death based on culpable negligence causing death or great bodily injury and that the incident happened on or about May 25, 2020.

Floyd’s death is apparent throughout each of these charges so this element is easy for him to pass over since it is proven twice already.

The prosecution said Chauvin’s actions, with full and competent knowledge, resulted in death. With his training and common sense, the probability of injury was strong. With his knee on Floyd’s neck, he knew there was a strong probability of injury and great bodily injury.

Lastly, the time of the offense was apparent through the whole trial, making it easy to present this finally.

Throughout each argument on how the prosecution proved each element of each charge, he referred to each doctor that took the stand and testified how Floyd died and how it wasn’t a sudden cardiac arrhythmia or a heart attack.

Chauvin has hundreds of hours of training that show this use of force is “not a reasonable use of force and not authorized by the Minneapolis Police Department,” according to Schleicher.

Schleicher shows the jury that the use of force was “totally unnecessary.” Schleicher states that the use of force needs to be reasonable throughout the whole situation and the defendant “didn’t do it.”

To close his argument, Schleicher states “you can believe your eyes, it’s exactly what you believe to be, it’s exactly what you saw with your eyes, it’s exactly what you knew, it’s what you felt in your gut, it’s what you now know in your heart.

“This wasn’t policing, this was murder, the defendant is guilty of all three counts, all of them and there’s no excuse,” he closed.

Nelson began his closing argument by outlining the legal concept of “beyond a reasonable doubt,” stressing multiple times that it represents “the highest standard” of proof.

His overview reminded the jury that its role is not to determine whether or not Chauvin is likely guilty, but rather to evaluate whether there are reasonable doubts as to his guilt.

“If [the prosecution] are missing any one single element, it is not a guilty verdict,”   Nelson said. He continued by focusing on two specific “elements”: the reasonableness of Mr. Chauvin’s force, and the cause of   Floyd’s death.

Nelson pointed out that, according to law, no crime can be committed if an officer used a “reasonable” and “authorized” level of force, even if it resulted in death. Nelson explained a hypothetical “reasonable” police officer would have to consider his or her own safety, the safety of the public and a multitude of other factors during an arrest.

Nelson next described the series of events leading up to Floyd’s arrest and death, including the initial call from police dispatch, the secondary “Code Three” call from dispatch, and the scene at which Chauvin arrived. According to Nelson, all of these details would “factor into the reasonableness of the use of force.”

A reasonable officer would see “active resistance” at the scene, noted Nelson. The defense then presented several pieces of video from officer-worn body cameras showing police attempting to place Floyd into a car, as well as a chart showing what uses of force are considered “reasonable” given “active resistance,” including “conscious neck restraints.”

“A reasonable police officer would understand the situation: that Floyd was able to overcome the efforts of three police officers while handcuffed, with his legs and body strength,” said Nelson, after playing additional video of the arrest. Nelson repeatedly asked the jurors to consider these initial moments of the arrest, not only the “nine minutes and twenty nine seconds” during which Floyd was pinned to the ground.

Nelson also offered an unsubtle challenge to the relevance of Dr. Tobin’s testimony.

“This is the point where Dr. Tobin testified that Floyd had an anoxic seizure. But we’re not analyzing the use of force from the perspective of a doctor with 46 years of medical experience who had 150 hours to watch an event from multiple perspectives,” Nelson said. “How would a reasonable police officer interpret this? Would they even know what an anoxic seizure is?”

Later, Nelson returned to Dr. Tobin’s testimony in an attempt to show the expert witness demonstrated bias in his analysis. Specifically, Nelson argued that Dr. Tobin took specific frames from body-camera footage to support a targeted narrative, rather than looking at the broader context.

Nelson also detailed the requirements for potential charges, specifically questioning whether Chauvin’s actions could be considered intentional.

“Do you do something purposefully that you know is an unlawful use of force when you have four body-worn cameras immediately in the area?” Nelson said. “Do people do things intentionally and purposefully when they know they are being watched?”

“There is absolutely no evidence that Officer Chauvin intentionally, purposefully applied unlawful force,” said Nelson, claiming Chauvin was simply following his training and responding to a fast-moving situation.

“Did Mr. Floyd die exclusively of asphyxia” Mr. Nelson asked. “Or were there other contributing factors? … Things that were set in motion before Mr. Chauvin ever arrived: the drug ingestion, the bad heart, the diseased heart, the hypertension, all of these things existed before Mr. Chauvin arrived.”

Given the presumption of innocence and the burden of proof beyond a reasonable doubt, Nelson called it “nonsense” to suggest other factors did not play a role in Floyd’s death.

In the final moments before the jury began deliberation, the prosecution offered its rebuttal. Jerry Blackwell representing the prosecution, and asked the jurors to use “common sense.”

“Why is it necessary to continue applying deadly restraint to a man who is defenseless, who is handcuffed, who is not resisting, not breathing, who does not have a pulse, and to go on and do that for another three plus minutes before the ambulance shows up and then to continue to do it,” said Blackwell.

Blackwell also targeted specific comments from Nelson’s argument, attacking the defense’s characterization of the medical witnesses, and the argument that other factors caused Floyd’s death.

“You don’t need an MD to understand how fundamental breathing is to life,” said Blackwell. “When somebody is saying I cannot breathe and they are passed out and you are aware that they don’t have a pulse, even a nine year old little girl knows it: get off of them. That’s all you needed to know in that case.”

“There aren’t two sides to this story,” said Blackwell. “Having seen all the evidence, having heard all of the evidence, you know the truth. The reason that George Floyd is dead is because Mr. Chauvin’s heart was too small.”

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