Minnesota News Network

The U-S Department of Justice is conducting an investigation into whether the Minneapolis Police Department engages in a “pattern and practice” of illegal conduct. U-S Attorney General Merrick Garland made the announcement this morning–just one day after ex-officer Derek Chauvin’s murder and manslaughter conviction. Garland said, “yesterday’s verdict in the state criminal trial does not address potentially systemic policing issues in Minneapolis.” The investigation aims to establish whether the state’s largest police department is engaging in practices that promote or allow systemic wrongdoing. Garland says if wrongdoing is discovered it’s likely to bring a civil suit and a potential order from the DOJ for the Minneapolis Police Department to change its policies in a variety of areas, including use of force.

Guilty on all three counts is the verdict from the jury this afternoon in the Derek Chauvin case. Chauvin was convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter. Most analysts agree an appeal is likely, and some say it could go as far as the U-S Supreme Court. Chauvin, who was masked, appeared stern and glanced around the courtroom as the verdict was read. Soon after he was led away in handcuffs. George Floyd’s brother Philonise hugged two of the prosecutors and Minnesota Attorney General Keith Ellison after the verdicts were read. President Biden said earlier he was “praying” for a guilty verdict. Senator Amy Klobuchar calls it “a first step toward accountability.” Senator Tina Smith says it is “a moment to recommit ourselves to… racial justice.” Governor Tim Walz says “the trial is over, but our work has only begun.” He says, “True justice for George only comes through real, systemic change to prevent this from happening again.” House Speaker, Democrat Melissa Hortman says “our work is far from done.” And Senate Republican Majority Leader Paul Gazelka says, “Though no verdict will bring George Floyd back, I pray the Floyd family today is in some way comforted knowing the judicial system has provided justice.” Earlier today, activist Nekima-Levy Armstrong called on President Biden and local leaders to enact police and criminal justice reforms and said “we are suffering as black people in the state of Minnesota. We do not feel safe, we know that at any moment police officers can kill another black body and get away with it–in spite of what we heard during the Derek Chauvin trial.” Attorney General Ellison today said
“George Floyd mattered, he was loved by his family and friends. His death shocked the conscience of our community, our country, the whole world…he mattered because he was a human being. Ellison thanked the jury, his legal team and the Floyd family for giving the legal team time to prosecute the case. Ellison also said he knows the verdict doesn’t take away their pain, but he hopes it helps to put them on the path to healing.

The world is waiting as the jury is sequestered deliberating the Derek Chauvin case. On Monday, defense attorney Eric Nelson again reiterated that he thought the jury should’ve been sequestered sooner because of widespread media coverage of the trial and said “I mean it is so pervasive that I just don’t know how this jury can really be said to be free from the taint of this.” Judge Pete Cahill defended his decision not to sequester the jury prior to deliberation and added “they have been told not to watch the news, I trust they are following those instructions.” Nelson also moved for a mistrial after California Congresswoman Maxine Waters on Sunday urged Minnesota protesters to “stay on the street” if former police officer Derek Chauvin is found not guilty. Judge Cahill addressed the comments and said “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. 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 co-equal branch of government, their failure to do so is, I think, abhorrent.” Judge Cahill denied the motion for a mistrial.

State prosecutor Steve Schleicher began closing arguments today by noting that “On May 25th, 2020 George Floyd died face down on the pavement, right on 38th and Chicago in Minneapolis, 9:29, 9:29.” Schleicher said Floyd did not exhibit “superhuman” strength as a result of excited delirium due to drug use and added “there’s no such thing as a superhero because there’s no such thing as a superhuman–those exist in comic books. 38th and Chicago is a very real place, not superhumans, only humans.” Schleicher said Chauvin betrayed his badge on May 25th, 2020. The defense will offer its closing argument when the state is finished, then the state will offer its rebuttal before the jury begins deliberation.  Schleicher wrapped up his closing statement by telling the jury “this case is exactly what you thought when you saw it first when you saw that video, it is exactly that…you can believe your eyes…this case is exactly what you knew, it’s what you felt in your gut, it’s what you now know in your heart.” Defense attorney Eric Nelson in his closing, countered the prosecution’s argument and said, “the state has focused your attention on 9:29, the ‘proper analysis’ is to take those 9:29 and to put it into the context of the ‘totality of the circumstances that a reasonable police officer would know.” Nelson argued that Chauvin’s use of force was reasonable and that pre-existing health conditions and previous drug use were key factors in Floyd’s death. And he reminded the jury that Chauvin must be considered innocent until proven guilty, and added: “Until and unless the state has proved its case beyond a reasonable doubt, the defendant does not have to prove his innocence.” Nelson in his closing argument said Chauvin “was in fact following his training, he was following Minneapolis police department policies he was trained this way, it all demonstrates a lack of intent, there is absolutely no evidence that Officer Chauvin, intentionally, purposefully applied unlawful force.” And Neslon refuted several of the state’s expert medical witnesses who testified that Floyd’s drug use was not a primary cause of his death and said, “it’s a preposterous notion that this did not come into play here.” Wrapping up his rebuttal to the defense, prosecutor Jerry Blackwell disputed an earlier claim from the defense that George Floyd may have died because of the impact on his enlarged heart, and added, “now having seen all the evidence, having heard all the evidence, you know the truth, and the truth of the matter is, the reason Mr. Floyd is dead is because Mr. Chauvin’s heart was too small.” The jury is deliberating the facts and will be sequestered during the deliberation. Chauvin is charged with second-degree unintentional murder, third-degree murder and second-degree manslaughter.

 

Closing arguments start today in the Derek Chauvin trial. Governor Tim Walz says it’s going to be an emotional few days “and what we need to ensure is — is that First Amendment and constitutional rights are protected, grievances, anger, and trauma are given a place to be expressed and dealt with.” The state argued that Chauvin’s restraint of George Floyd for more than nine minutes was the primary cause of Floyd’s death.  The defense argued that Floyd died from a pre-existing heart condition, drug use and as a result of resisting officers. Former U-S Attorney for Minnesota Tom Heffelfinger says the state will spend part of closing arguments explaining the charges–second-degree unintentional murder, third-degree murder and second-degree manslaughter. He says the defense will be working to sow the seeds of doubt on the state’s evidence. Heffelfinger says it’s possible closing arguments could last all day–if not longer. The jury will be sequestered during deliberations and last week Judge Pete Cahill instructed jurors to “plan for long and hope for short.”

One big question hanging over the Derek Chauvin trial was answered this morning when Chauvin said he would invoke his fifth amendment right–and will not testify. Chauvin was asked by his attorney Eric Nelson: “I have repeatedly advised you that this is your decision and your decision alone, right?” Chauvin: “Correct.” Nelson: “I have advised you and we have gone back and forth on the matter is an understatement, right?” Chauvin: “Yes, it is.” Also today, Judge Pete Cahill ruled he will not let the state bring in just-discovered lab evidence about carbon monoxide poisoning. The state wanted to bring in the evidence that would refute Dr. David Fowler’s testimony from Wednesday that carbon monoxide poisoning may have been a factor in George Floyd’s death. The state plans to recall its witness, pulmonologist Dr. Martin Tobin. Judge Cahill issued a stern warning “if there’s anything {Tobin] wishes to add about carbon monoxide as far as environmental factors, but if he even hints at test results that the jury has not heard about, it’s going to be a mistrial, pure and simple.” Testimony is wrapping up in the case and closing arguments are expected Monday.

Defense testimony could wrap up as soon as today in the Derek Chauvin trial. The cause of George Floyd’s death remains the key issue in Derek Chauvin’s trial. The state contends that Floyd died mostly as a result of Chauvin’s deadly force. But retired forensic pathologist for the defense, Dr. David Fowler testified Wednesday that in his opinion “Mr. Floyd had a sudden cardiac arrhythmia due to his hypertensive heart disease during his restraint and subdual by the police.” But when Dr. Fowler testified that cardiac arrhythmia can result in sudden death, the state pushed back. On cross-examination, Dr. Fowler said the exact time of Floyd’s death was hard to pinpoint and prosecutor Jerry Blackwell asked if Chauvin should’ve tried to revive George Floyd in the time between when Floyd was in cardiac arrest and when he died. Dr. Fowler responded: “immediate medical attention for a person that’s gone into cardiac arrest may well reverse that process.” Blackwell: “Do you feel that Mr. Floyd should’ve been given immediate emergency attention to reverse the cardiac arrest?” Dr. Fowler: “As a physician, I would agree.”
Also on Wednesday, Dr. Fowler testified that he would rule George Floyd’s manner of death undetermined. The Hennepin County Medical Examiner ruled Floyd’s death a homicide. Dr. Fowler also testified that carbon monoxide poisoning from the police squad vehicle may have been a factor in George Floyd’s death, explaining,”[Floyd’s] face was facing towards the vehicle, towards the rear of the vehicle, and directly towards the area where you would expect the tailpipe, or tailpipes of the vehicle to be.” Blackwell asked Dr. Fowler if he’d seen any air monitoring data about what amount of carbon monoxide, if any, had been in George Floyd’s breathing zone. Dr. Fowler responded: “No because it was not tested.” Blackwell: “You haven’t seen any have you?” Dr. Fowler: “I have not seen any data.” As the defense gets ready to wrap up its case, the big question remains–will Derek Chauvin testify in his own trial?

 

Testimony continues today in the Derek Chauvin trial. Defense use of force expert Barry Brodd on Tuesday testified that in his opinion, Derek Chauvin did *not* use deadly force on George Floyd. Brodd said he “felt that officer Chauvin’s interactions with Mr. Floyd were following his training, following current practices in policing and were objectively reasonable.” That directly contradicts several witnesses for the state who testified that Chauvin’s actions were unjustified. Prosecutor Steve Schleicher went after Brodd’s testimony after showing pictures and playing video of Chauvin on top of Floyd. Schleicher said Floyd was “not resisting, he’s not talking, it’s not possible is it?” Brodd: “To do what?” Schleicher: Resist.” Brodd: “I think it’s definitely possible to resist.” Schleicher: “when you’ve passed out? He’s not doing it here is he?” Brodd: “Not when he’s passed out, no.” The state is arguing that Chauvin used deadly force in more than nine minutes of restraining Floyd and Schleicher asked Brodd: “the only struggling that you saw Mr. Floyd doing after he was restrained is struggling to breathe right?” Brodd: “I don’t know if he was struggling or was he struggling to catch his breath, I can’t tell.” Schleicher: “In any event, struggling to breathe is not active resistance is it?” Brodd: “To me, no, to the officer it may be.” Brodd also testified said when it comes to use of force, police may engage in “oneupsmanship” adding “police officers don’t have to fight fair, they’re allowed to overcome resistance by going up a level.” On cross-examination, Schleicher questioned Brodd about Minneapolis police use-of-force policy: “did you see the term or phrase “oneupsmanship” anywhere in this policy?” Brodd: “No.”