Judge in George Floyd police trial weighs impact of $27 million settlement on jury

[webfact]

Derek Chauvin, the former Minneapolis police officer facing murder charges in the death of George Floyd, is introduced to potential jurors during jury selection in his trial in Minneapolis, Minnesota, U.S., March 15, 2021 in this courtroom sketch from a video feed of the proceedings. REUTERS/Jane Rosenberg

By Jonathan Allen

(Reuters) - The judge in the trial of Derek Chauvin, the former Minneapolis police officer charged with murdering George Floyd, said on Monday he was concerned publicity about the city's $27 million settlement with Floyd's family could influence jurors.

Calling the timing of Friday's settlement announcement "unfortunate," Judge Peter Cahill of the Hennepin County District Court said he would recall seven jurors seated last week to ask if they had seen news of the settlement and whether it would affect their impartiality.

"I wish city officials would stop talking about this case so much," the judge said before resuming jury selection on Monday morning. "At the same time, I don't find any evil intent that they are trying to tamper with the criminal case."

Chauvin, who is white, was captured in a bystander video with his knee on Floyd's neck for nearly nine minutes as Floyd, a 46-year-old Black man in handcuffs, cried out for his life. The death ignited global protests against racism and police brutality. The Minneapolis Police Department fired Chauvin and three other officers involved in the arrest the next day.

Floyd's family filed a federal wrongful-death lawsuit against Chauvin and the city last year. The city called a news conference to announce the settlement, which included emotional comments by Floyd's brothers and Mayor Jacob Frey.

Eric Nelson, Chauvin's lead lawyer, said the news was "profoundly disturbing" to the defense.

"By my count, this is the third highly prejudicial press leak or press release that has very suspicious timing, to say the least, and has an incredible propensity to taint a jury pool," he told the court.

Besides asking to recall the seven jurors already seated, Nelson requested the judge reconsider his request to move the trial to a different county, which Cahill said he would do.

'ALL OVER THE MEDIA'

Prosecutors from the Minnesota attorney general's office told the court they had no control over the city's mayor, council or news media.

"You would agree that this is unfortunate, wouldn't you?" the judge responded to the prosecutors. "That we have this reported all over the media when we're in the midst of jury selection?"

Cornell University law professor Valerie Hans, who studies the jury system, said the settlement's impact could be mixed. Minneapolis' move to settle may suggest to potential jurors that the city thought Chauvin was in the wrong, she said by email.

"However, the substantial size of the settlement might give people — including jurors, if they hear about it — a sense that the Floyd family has been compensated for the wrong done to their family member, which could lessen the urge to punish Chauvin and the other police officers by convicting them," she said.

Sarah McKenzie, a city spokeswoman, said city leaders were "following Judge Cahill's guidance" and declined to comment.

The judge dismissed the first potential juror seen on Monday, who appeared to be a white woman in her 50s, after she expressed surprise at the size of the settlement, saying it suggested the city felt it could not win a civil trial.

Two additional jurors were seated on Monday, bringing the total to nine.

They joined seven jurors seated last week who comprise three white men, one Black man, one Hispanic man, one mixed-race woman and one white woman, according to the court. Cahill has promised the jurors anonymity for the trial's duration.

The eighth juror, a Black man with a banking background, said he strongly supported the message of the Black Lives Matter movement and that he could be impartial in weighing Chauvin's conduct.

"I don't think he had any intention of harming anyone," he said of Chauvin, "but somebody did die."

The ninth juror, a white woman in her 50s, said she was a single mother working as an executive assistant. When asked her views on Black Lives Matter, she said that, above all, "all lives matter."

Chauvin, 44, is charged with second-degree murder, third-degree murder and second-degree manslaughter. He has pleaded not guilty, saying he followed his police training, and has spent much of the trial making pages of notes on a yellow legal pad.

The court plans to have opening arguments commence on March 29. Chauvin faces up to 40 years in prison if convicted on the most serious charge.

(Reporting by Jonathan Allen; Editing by Jonathan Oatis, Howard Goller and Cynthia Osterman)

-- © Copyright Reuters 2021-03-16

 

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[Tug]

It’s pretty obvious to me as it is to the folks in Minneapolis Calvin is guilty it should be obvious to anyone who watched the video that bad cop killed George Floyd go through the motions and lock that (insert word here)for a very long time just get it done and create a database of the bad cops so they don’t get hired by different police forces in other city’s 

[EVENKEEL]

This settlement never should have happened till after the trial. Or at least shouldn't have been announced.

[Credo]

1 hour ago, EVENKEEL said:

This settlement never should have happened till after the trial. Or at least shouldn't have been announced.

I am sure the city took into account that there was going to be a trial, but I also expect that they know the outcome of that trial isn't going to do anything to lessen their liability and may increase it.   

A settlement now is probably wise for the city, but not necessarily for the trial.

 

 

[mtls2005]

Not so bold prediction:

 

The first trial is declared a mistrial.

 

(jury cannot agree on a verdict)

[bkkcanuck8]

4 hours ago, EVENKEEL said:

This settlement never should have happened till after the trial. Or at least shouldn't have been announced.

The city and the family have little to nothing to do with the criminal trial.  The evidentiary standard for a criminal trial and civil proceeding are different.  If the city believes the risk of not settling is too great, it is there duty to try and find a settlement that they can agree on before that goes to trial in a civil court...   As soon as the agreement is made that would have to be recorded financially as a 27 million dollar liability on the books, and that is pretty difficult to hide on from the public on the books (since the city financials are part of the public record). 

[ShindenGo]

3 hours ago, mtls2005 said:

Not so bold prediction:

 

The first trial is declared a mistrial.

 

(jury cannot agree on a verdict)

How didn’t you see the video of this white police officer in a Republican led country with a Republican led US senate MURDER an innocent and unarmed black man??

How many black people need to die for you realize your own inherent racism and bias??

How many young black men need to be gunned down by white people for you to realize that people like you contribute to the systemic racism of the US?

All I’m saying is he a better ally. Recognize your own racism and how you perpetuate the murder of black men in this country. Do better. Be a better human being it’s not that hard

[Sujo]

1 minute ago, ShindenGo said:

How didn’t you see the video of this white police officer in a Republican led country with a Republican led US senate MURDER an innocent and unarmed black man??

How many black people need to die for you realize your own inherent racism and bias??

How many young black men need to be gunned down by white people for you to realize that people like you contribute to the systemic racism of the US?

All I’m saying is he a better ally. Recognize your own racism and how you perpetuate the murder of black men in this country. Do better. Be a better human being it’s not that hard

You seem to over react a lot. I assume english is not your first language so may not understand the nuances of english.

Nowhere did he say that the accused should not be guilty. He merely predicted what the jury will do.

[khunPer]

In my modest view a $27 million compensation is way out of range, but I'm not American, so I might just be used to that legal financial compensation shall generally mirror the actual loss.

[Surelynot]

16 minutes ago, khunPer said:

In my modest view a $27 million compensation is way out of range, but I'm not American, so I might just be used to that legal financial compensation shall generally mirror the actual loss.

The financial settlements awarded in the US do seem to be eye watering..........no idea what mechanism they employ.........(not a comment on this particular case......but awards generally)

[EVENKEEL]

1 hour ago, khunPer said:

In my modest view a $27 million compensation is way out of range, but I'm not American, so I might just be used to that legal financial compensation shall generally mirror the actual loss.

They're hoping to minimize the looting if a smaller more intelligent settlement had happened.

[ShindenGo]

4 hours ago, Sujo said:

You seem to over react a lot. I assume english is not your first language so may not understand the nuances of english.

Nowhere did he say that the accused should not be guilty. He merely predicted what the jury will do.

Racism has no place at this timeline. It’s the year 2021 not the 1990s. It’s rhetoric like this that contributes to Trump-inspired violent attacks on minorities and promotes terrorist attacks on elected government officials. 

Edited March 16, 2021 by onthedarkside
trolling comments removed

[blazes]

1 hour ago, khunPer said:

In my modest view a $27 million compensation is way out of range, but I'm not American, so I might just be used to that legal financial compensation shall generally mirror the actual loss.

 

It's ok, don't worry - the money is printed in Washington and shipped by Fedex to the peace-loving people of Minneapolis...

 

[bkkcanuck8]

1 hour ago, khunPer said:

In my modest view a $27 million compensation is way out of range, but I'm not American, so I might just be used to that legal financial compensation shall generally mirror the actual loss.

There is a damages portion and a punitive portion... and the punitive is probably valid since Minnesota has been protecting bad police that should not have been able to remain on the force (including the primary one in this case)....  Effectively by doing this the city became complicit in the criminal behaviour of the police.  If this were a situation where it was just one bad apple and this was not a repeat offense by the officer and the city had not become complicit by their actions - the settlement would be a fraction of what it is. 

[tifino]

5 hours ago, ShindenGo said:

Regardless, racism won’t end until we start to elect more democrats into federal and state offices. 

the city cops, being not Federal cops - well their ultimate boss, above the mayor is/was the State Governor at the time... 

[SunnyinBangrak]

2 hours ago, Surelynot said:

The financial settlements awarded in the US do seem to be eye watering..........no idea what mechanism they employ.........(not a comment on this particular case......but awards generally)

Normally calculated on expected earnings over a lifetime. Now career criminals can earn a pretty penny when the going is good. I can easily see a $2,500 a day income with no tax or expenses, so that is 900k/year which multiplied by an expected 30 year career gives 27 million. Seems they got it bang on after all.

[pacovl46]

3 minutes ago, SunnyinBangrak said:

Normally calculated on expected earnings over a lifetime. Now career criminals can earn a pretty penny when the going is good. I can easily see a $2,500 a day income with no tax or expenses, so that is 900k/year which multiplied by an expected 30 year career gives 27 million. Seems they got it bang on after all.

I highly doubt that that’s the way this settlement was calculated! 

[Surelynot]

3 minutes ago, SunnyinBangrak said:

Normally calculated on expected earnings over a lifetime. Now career criminals can earn a pretty penny when the going is good. I can easily see a $2,500 a day income with no tax or expenses, so that is 900k/year which multiplied by an expected 30 year career gives 27 million. Seems they got it bang on after all.

.....and the $417 million for ovarian cancer.....or we just taking the opportunity to point out Floyd was a wrong 'un?

[Sujo]

Floyd wont get the money. He is dead.

His past behaviour and crimes are irrelevant. Police do not dispense summary justice. He was in custody, under their care and control and they killed him.

If it was you or me that killed him his estate and family would get very little. But it was an officer and the city is responsible for that.

Edited March 16, 2021 by onthedarkside
quote of hidden post removed

[EVENKEEL]

18 minutes ago, Sujo said:

 Floyd wont get the money. He is dead.

His past behaviour and crimes are irrelevant. Police do not dispense summary justice. He was in custody, under their care and control and they killed him.

If it was you or me that killed him his estate and family would get very little. But it was an officer and the city is responsible for that.

Cheaper than having the city destroyed had a smaller more intelligent claim been awarded.

[BusyB]

4 hours ago, ShindenGo said:

How didn’t you see the video of this white police officer in a Republican led country with a Republican led US senate MURDER an innocent and unarmed black man??

How many black people need to die for you realize your own inherent racism and bias??

How many young black men need to be gunned down by white people for you to realize that people like you contribute to the systemic racism of the US?

All I’m saying is he a better ally. Recognize your own racism and how you perpetuate the murder of black men in this country. Do better. Be a better human being it’s not that hard

How many terrified 9 year old girls need pepper spraying?

[onthedarkside]

A post making unsourced and unsubstantiated claims regarding George Floyd's background has been removed.

 

[Sujo]

24 minutes ago, EVENKEEL said:

Cheaper than having the city destroyed had a smaller more intelligent claim been awarded.

Cheaper than waiting for any guilty verdict. The officer already fired. Cost of trial, and probably paying more.

Do you think a not guilty in the criminal trial will result in only a peaceful protest?

Heres a hint. The payout settlement has nothing to do with any potential riots. That depends on the result of the criminal trial.

The city and their lawyers dont agree with you.

[mtls2005]

On 3/16/2021 at 12:14 PM, ShindenGo said:

Recognize your own racism and how you perpetuate the murder of black men in this country. Do better. Be a better human being it’s not that hard

 

Who is "you"?

 

Clearly you flew off the handle when I suggested that the first trial might in a mistrial.

 

Once you've calmed down a bit you might realize what my prediction really means, re: racism in America.

[EVENKEEL]

On 3/16/2021 at 5:37 PM, Sujo said:

Do you think a not guilty in the criminal trial will result in only a peaceful protest?

Heres a hint. The payout settlement has nothing to do with any potential riots. That depends on the result of the criminal trial.

The city and their lawyers dont agree with you.

 

Do you think a not guilty in the criminal trial will result in only a peaceful protest?

That would be a license to burn and loot cities.

Heres a hint. The payout settlement has nothing to do with any potential riots. That depends on the result of the criminal trial.

That's your opinion, I believe the payout has everything to do with minimizing damage to city.

[mrfill]

1 hour ago, Surelynot said:

.....and the $417 million for ovarian cancer.....or we just taking the opportunity to point out Floyd was a wrong 'un?

He would be very wrong if he claimed for ovarian cancer....

[DogNo1]

Not to excuse Chauvin's behavior, but how many unarmed black men are killed by law enforcement each year?  Can you name them?  How many unarmed white men are killed by police each year?  Name one.

In the past there certainly have been many killings of black people by various mobs of both law enforcement and civilians.  How is the trend going?  

Does anyone remember the slaughter of ethnic Germans from 1917 to 1919.  I didn't think so. 

The mass hysteria and hyper sensitity in America is not going to end well.  Things tend to even out.  Think of the French Revolution.  The instigating extremists ended up going under the guillotine themselves.   Barring the establishment of a powerful and authoritarian Leftist government, the tide will turn sometime.

[Tug]

4 hours ago, EVENKEEL said:

They're hoping to minimize the looting if a smaller more intelligent settlement had happened.

Ahh no imo they are punishing the police department for royally (insert word here)up as far as any rioting just think if when this happened we had a president who responded to the obvious shameful fact that that cop murdered an American rite in front of our eyes but instead chose to fan the flames of division for personal gain hummmm??

[Sujo]

2 hours ago, EVENKEEL said:

Do you think a not guilty in the criminal trial will result in only a peaceful protest?

That would be a license to burn and loot cities.

Heres a hint. The payout settlement has nothing to do with any potential riots. That depends on the result of the criminal trial.

That's your opinion, I believe the payout has everything to do with minimizing damage to city.

And you would be wrong.

please link to any riot from a civil payout.

[Credo]

4 hours ago, DogNo1 said:

Not to excuse Chauvin's behavior, but how many unarmed black men are killed by law enforcement each year?  Can you name them?  How many unarmed white men are killed by police each year?  Name one.

In the past there certainly have been many killings of black people by various mobs of both law enforcement and civilians.  How is the trend going?  

Does anyone remember the slaughter of ethnic Germans from 1917 to 1919.  I didn't think so. 

The mass hysteria and hyper sensitity in America is not going to end well.  Things tend to even out.  Think of the French Revolution.  The instigating extremists ended up going under the guillotine themselves.   Barring the establishment of a powerful and authoritarian Leftist government, the tide will turn sometime.

This might give you some ideas:

https://www.npr.org/2021/01/25/956177021/fatal-police-shootings-of-unarmed-black-people-reveal-troubling-patterns