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Former Minneapolis officer goes on trial on charge of murdering George Floyd


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2021-03-29T175225Z_1_LYNXMPEH2S1D3_RTROPTP_4_USA-RACE-GEORGEFLOYD.JPG

Lawyer Jerry W. Blackwell makes opening statements as defense attorney Eric Nelson sits beside former Minneapolis police officer Derek Chauvin during his trial for second-degree murder, third-degree murder and second-degree manslaughter in the death of George Floyd in Minneapolis, Minnesota, U.S., March 29, 2021 in this courtroom sketch from a video feed of the proceedings. REUTERS/Jane Rosenberg

 

By Jonathan Allen

 

MINNEAPOLIS (Reuters) -Former Minneapolis policeman Derek Chauvin betrayed his badge by "grinding" his knee into George Floyd's neck during a deadly arrest last May, a prosecutor said on Monday at a murder trial that is widely seen as a test of the U.S. justice system.

 

Chauvin's lawyers responded by saying that the former officer was simply following training from his 19 years on the force, even as they acknowledged that the arrest, caught in videos from multiple angles, was distressing to watch.

 

"The use of force is not attractive but it is a necessary component of policing," Eric Nelson, Chauvin's lead lawyer, said in his opening statement, referring to the videos that show Floyd, a 46-year-old handcuffed Black man, pleading for his life. The footage sparked worldwide protests against police brutality against Black people.

 

But in his opening arguments, Jerry Blackwell, a prosecutor with the Minnesota Attorney General's Office, told the racially diverse jury that officers who wear the Minneapolis police badge pledge never to use "unnecessary force or violence."

 

"You will learn that on May 25, Mr. Derek Chauvin betrayed this badge when he used excessive and unreasonable force upon the body of George Floyd," said Blackwell, aiming for a rare conviction of a U.S. police officer for killing a civilian.

 

Blackwell displayed a still image from a bystander's cellphone video showing Chauvin, who is white, with his knee on Floyd's neck, saying it showed Chauvin "grinding and crushing him until the very breath — no, ladies and gentlemen — the very life was squeezed out of him."

 

Chauvin and three other officers were trying to arrest Floyd on suspicion of using a counterfeit $20 bill to buy cigarettes, a misdemeanor that prosecutors said could have been handled with a summons to appear in court instead of an arrest.

 

Chauvin, 45, has pleaded not guilty to second-degree murder, third-degree murder and second-degree manslaughter. He faces up to 40 years in prison if convicted on the most serious charge.

 

The Minneapolis Police Department fired all four officers the day after Floyd's death, as daily protests against racial injustice erupted in cities across the country.

 

LITMUS TEST

Although the trial, which is being televised, is widely seen as a litmus test for U.S. racial relations, neither side discussed the race of the defendant or the victim in the statements to the jury.

 

Even so, the subtext of the trial was inescapable in the preceding two weeks of jury selection, where potential jurors were quizzed by the two sides on their views on the Black Lives Matter protest movement and whether they saw systemic racism in the criminal justice system.

 

The trial is unfolding in a courtroom located near the top floor of a tower in downtown Minneapolis ringed with high barriers, barbed wire and soldiers from the state's National Guard. Small groups of protesters decrying police brutality blocked traffic at times in the surrounding streets.

 

Former Minneapolis policeman Derek Chauvin did 'not let up' after he was told that George Floyd did not have a pulse, continuing to leave his knee on Floyd's neck after joining other officers in arresting him last May, a prosecutor told jurors in his opening statement at Chauvin's murder trial in a heavily fortified courthouse on Monday.

 

Toward the end of his opening statement, Blackwell played for the jury the most widely seen video of Floyd's death.

 

Chauvin — dressed in a gray suit, a blue face mask and a blue shirt and tie — took pages of notes on a yellow legal pad as the sound of Floyd's dying moans and the yelling of horrified onlookers filled the courtroom.

 

Chauvin's lawyers argue that the main cause of Floyd's death, which the county examiner ruled a homicide caused by police restraints, was a drug overdose. Nelson used his 25-minute opening statement to describe Floyd's drug use, his underlying health problems and a chaotic scene during the arrest.

 

"This was not an easy struggle," he said, adding that the screaming of bystanders ended up "causing the officers to divert their attention from the care of Mr. Floyd."

 

"Derek Chauvin did exactly what he was trained to do over the course of his 19-year career," Nelson told the jury.

 

Prosecutors warned the jury to ignore defense arguments that Floyd's death was caused by an opioid overdose.

 

Blackwell drooped his head and shut his eyes, feigning a stupor, telling the jury that someone overdosing on fentanyl would be unconscious, and not "screaming for their mother."

 

"That's not what an opioid overdose looks like," he said.

 

The first witness called by the prosecutors was Jena Scurry, a Minneapolis 911 emergency dispatcher who sent police to the Cup Foods store and watched live surveillance video footage showing a police car rock back and forth outside the store as four officers struggled to get Floyd to stay in the back seat.

 

She said she watched the video, which was played to jurors, with growing alarm.

 

"I first asked if the screen had frozen," she said. Each time she looked up, she testified, the officers were still on top of Floyd.

 

"My instinct is telling me something is wrong," said Scurry, who called a supervising police sergeant. Jurors heard her say she did not mean to be a "snitch" but she wondered if the officers needed more help.

 

Prosecutors also called two bystanders who saw the arrest.

 

"I always see the police there," Alisha Oyler, who worked in the gas station across from the arrest, said when asked why she kept taking video on her cellphone. "They're always messing with people and it's wrong. It's not right."

 

(Reporting by Jonathan Allen in Minneapolis; Additional reporting by Peter Szekely in New York; Editing by Grant McCool and Peter Cooney)

 

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-- © Copyright Reuters 2021-03-30
 
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26 minutes ago, ourmanflint said:

This case has gone way way beyond Chauvin and Floyd, it is now the the police vs black people in America. I can't see any outcome that is a good one

Is the Justice system in the US that flawed that it cannot be kept within the courtroom where a judge presides over evidence and a jury decides? Oh wait in light of the countless cops who have walked after killing innocent blacks I see what you mean. Did you know that even in this state alone as of December 2020 there were 129 cops on active criminal charges including a good percent for off duty shootings. 

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58 minutes ago, Sujo said:

The judge decides law, the jury decides the facts as presented. 


Actually, their job is to decide, beyond a reasonable doubt, that the accused is guilty of the charges being brought against him:
 

  • Second degree unintentional felony murder.
     
  • Third degree “depraved mind” murder.
     
  • Second degree manslaughter.


The problem, in this case, is that, under extreme political pressure, the original charges were set way too high. With all the factors you referred to - the coroner's report, the 911 operator's reaction - the case would be a slam dunk if they had aimed for serious but lesser charges.

They were, however, justifiably worried about the reaction on the streets. The riots had already caused somewhere between one and two billion dollars of damage, with harm landing disproportionately on minority-owned businesses already hammered by the pandemic restrictions.

In the American system, the accused are entitled to present a defense. This is a problem because they will be able to present facts that differ from the mainstream narrative that George Floyd is an inspiring, iconic figure. If toxicology experts attest that the levels of Fentanyl in his system could have contributed to his death, well, technically, it becomes very difficult to support a charge of murder.

In October, a judge dismissed the third degree murder charge and denied a request from the prosecution to reinstate it. It is generally understood that he was trying to give the charges a more realistic chance of sticking, but his pragmatic decision caused outrage and was reversed on appeal.

My guess is that he will be found guilty of only the manslaughter charge, resulting in just a week of rioting in around a dozen cities, but that he will be cleared on appeal later in the year, resulting in widespread disorder for a month or so.

If he is cleared on all charges now, there will be major violence in all 20 of the cities that experienced rioting last year.

 

Edited by Poet
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10 hours ago, ourmanflint said:

This case has gone way way beyond Chauvin and Floyd, it is now the the police vs black people in America. I can't see any outcome that is a good one

I do! Give the [officer] that killed him the 40 years! 

Edited by onthedarkside
derogatory term removed
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1 hour ago, puck2 said:

@jspill,

You are excusing an unlawful, brutal behavior. It seems that American policemen are allowed to use VIOLENCE in an awful kind, what we normaly see only in autocratic states. The American police doesn't have a good reputation, and Chauvin + collegues have confirmed it.

 

If it wouldn't be so dangerous, somebody should do what you claim as not life threatening: a man with a lot of kilos on his boddy should do the same on your neck as Chauvin did on Floyd's. Result: you never would be able to write again here in TV. 

 

He had a history of swallowing drugs and resisting arrest and 'using diversionary behaviour'. He did that when approached by police a year before his death.

 

And it's very common for people to say 'I can't breathe' in that situation with police since the high profile Eric Garner case in 2014, you can find many youtube videos of perps saying exactly that as soon as the police try to cuff them, as they know it can be legally advantageous.  

 

 

Edited by onthedarkside
unsourced image removed / false info removed
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1 hour ago, jspill said:

 

He had a history of swallowing drugs and resisting arrest and 'using diversionary behaviour'. He did that when approached by police a year before his death.

 

And it's very common for people to say 'I can't breathe' in that situation with police since the high profile Eric Garner case in 2014, you can find many youtube videos of perps saying exactly that as soon as the police try to cuff them, as they know it can be legally advantageous.  

 

 

So much so that the chief of police said it was wrong. The 911 operator said it was wrong. Another officer at the scene said it was wrong.

 

he was already cuffed so saying he cant breathe is again, nothing to do with him saying that so he wouldnt be cuffed.

 

floyds history has no relevance, at all.

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4 minutes ago, Sujo said:

His death should not be caused by their incompetence.

 

He had no lethal dose of anything according to the coroner he died because of the officer kneeling on him.

 

He had 11 ng/mL of fentanyl in his blood, several times the lethal dose, along with meth, and covid. That's the whole basis of the defence, and I expect he will be acquitted.

 

Kneeling on the back of one's neck doesn't cut off their breathing, try it, the windpipe is at the front of the neck. Police wouldn't be trained to do it if it was dangerous. Carrying out training isn't incompetence. 

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Several posts above have been removed, including for a disallowed questionable source media post, a post with unsourced and unsubstantiated information,an off-topic diversion post and several trolling posts. Several false statements regarding the officially determined cause of Floyd's death also have been removed.

 

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Add to the fact a firefighter first responder wanted to check on him but was denied.

 

Then after finally being found unresponsive stayed kneeling on him and failed to even try and resucitate him.

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17 hours ago, jspill said:

 

He had 11 ng/mL of fentanyl in his blood, several times the lethal dose, along with meth, and covid. That's the whole basis of the defence, and I expect he will be acquitted.

 

Kneeling on the back of one's neck doesn't cut off their breathing, try it, the windpipe is at the front of the neck. Police wouldn't be trained to do it if it was dangerous. Carrying out training isn't incompetence. 

The basis for defense at the moment is that the officers were too distracted by the people watching and complaining.

 

Are you saying chauvin was fired for doing the right thing?

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32 minutes ago, spidermike007 said:

 

Sounds like you are either not American, or do not live there. I have seen racial bias with my own eyes, on countless occasions, with my Latino and Black friends. And the pleasant side of racial bias, when it comes to American cops leaving me alone, being a middle aged white man, who is clean cut.

 

Please, stop with the nonsense. Statistical evidence? Bah humbug. And there was no reason to lean on his neck for such a sustained period. While he was on the ground, without a weapon, in handcuffs. One minute would have been sufficient. Once he is in cuffs, you put him back in the squad car. Anything beyond that is excessive. 

 

The witness told the prosecutor and the jury that Chauvin kept his knee on Floyd's neck "even when the paramedic was checking for a pulse."

She said she did not see Chauvin move until the paramedics took Floyd to the ambulance. Some accounts say the paramedics had to force Chauvin off of his neck. 

 

https://www.abc10.com/article/news/local/george-floyd/derek-chauvin-trial-tuesday-witness-tesimony-george-floyd-minneapolis/89-ce470380-7c59-46ff-8308-464dcf77bcaa

 

Some accounts say the paramedics had to force Chauvin off of his neck. 

 

Now it sounds like you're making up stuff.

 

I only hope Chauvin gets a fair trial, as fair as he can expect.

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1 hour ago, EVENKEEL said:

 

Some accounts say the paramedics had to force Chauvin off of his neck. 

 

Now it sounds like you're making up stuff.

 

I only hope Chauvin gets a fair trial, as fair as he can expect.

I am not worried about him getting a fair trial. I am far more concerned about George Floyd getting a fair trial. 

 

Since 2005, 98 nonfederal law enforcement officers have been arrested in connection with fatal, on-duty shootings, according to the Police Integrity Research Group’s data. To date, only 35 of these officers have been convicted of a crime, often a lesser offense such as manslaughter or negligent homicide, rather than murder.

 

https://www.nbcnews.com/news/nbcblk/police-officers-convicted-fatal-shootings-are-exception-not-rule-n982741

 

 

Starting with 2015, the average is up to roughly 13 a year — meaning cops are now prosecuted in less than 2 percent of fatal shootings, up from less than 1 percent. And convictions have increased from fewer than three a year before 2015 to more than three since 2015.

 

https://www.vox.com/platform/amp/21497089/police-prosecutions-black-lives-matter-breonna-taylor-george-floyd

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