Former Officer Derek Chauvin’s Trial Underway In The Case Of George Floyd’s Death

Today Derek Chauvin’s trial is underway in the case of George Floyd’s death. This morning a prosecutor told the jurors that the most important thing they must remember is 9 minutes and 29 seconds, the amount of time Chauvin’s knee was on Floyd’s neck as the Black man begged for his life and took his last breath.

Jerry Blackwell, the prosecutor, pointed out that after Floyd said he couldn’t breathe, after saying it 27 times, Chauvin “didn’t let up, he didn’t get up.” He said, “Chauvin put his knees upon his neck and his back, grinding and crushing him, until the very breath — no ladies and gentlemen — until the very life, was squeezed out of him.”

Blackwell said bystander witnesses would include a Minneapolis Fire Department first responder who wanted to administer aid, who claims Chauvin pointed mace at her when she was trying to help.

“She wanted to check on his pulse, check on Mr. Floyd’s well-being,” Blackwell said. “She did her best to intervene. When she approached Mr. Chauvin…Mr. Chauvin reached for his mace and pointed it in her direction. She couldn’t help.”

According to the court, the case will be heard by a jury of 14 members, eight of whom are white and six of whom are Black or multiracial. Two of the fourteen will be replacements. The judge has not stated who will act as alternates or who will deliberate the case.

Prosecutors are likely to show the video to the jury early on, according to legal experts.

Jeffrey Cramer, a former federal prosecutor and managing director of Berkeley Research Group in Chicago, said, “If you’re a prosecutor, you want to start off strong. You want to frame the argument — and nothing frames the argument in this case as much as that video.”

Almost all of the jurors chosen said they had seen at least parts of the film, and some said it had influenced their opinion of Chauvin. However, jurors said that they could set that aside.

According to Floyd’s family attorney Ben Crump, the trial would be a test of “whether America will live up to the Declaration of Freedom.” He also dismissed the notion that it would be a difficult test for jurors.

“For all those people that continue to say that this is such a difficult trial, that this is a hard trial, we refute that,” he said. “We know that if George Floyd was a white American citizen, and he suffered this painful, torturous death with a police officer’s knee on his neck, nobody, nobody, would be saying this is a hard case.”

The courthouse in downtown Minneapolis has been reinforced with concrete walls, fences, barbed, and razor wire, and the trial is scheduled to last about four weeks. City and state officials are keen to avoid a repeat of the destructive protests that erupted in the aftermath of Floyd’s assassination, and National Guard troops have already been deployed.

At the trial, the main issues would be whether Chauvin was responsible for Floyd’s death and whether his actions were fair.

Prosecutors must show that Chauvin’s actions were a “substantial causal factor” in Floyd’s death and that Chauvin was committing felony assault at the time. They must show that Chauvin’s acts were reckless and without concern for human life to convict him of third-degree murder.

Chauvin faces a murder charge if it can be proven that his negligence resulted in Floyd’s death due to unreasonable risk.

In Minnesota, accidental second-degree murder is punishable by up to 40 years in prison, with third-degree murder punishable by up to 25 years. However, Chauvin’s sentencing guidelines say he will face 12 1/2 years in prison if convicted on either charge. Manslaughter carries a maximum term of ten years in prison.

Eric Nelson, Chauvin’s lawyer, was supposed to use his opening statement to reassure jurors that medical testimony and expert testimony on the use of force would show a different viewpoint. The prosecution has made it clear that Floyd swallowing drugs before his arrest would be used to show the jury that he was at least partly responsible for his death.

Floyd’s autopsy found fentanyl and methamphetamine in his system, but his cause of death was described as “cardiopulmonary arrest, complicating law enforcement subdual, restraint, and neck compression” by the county medical examiner.

Floyd’s brother Philonise said on NBC’s Today Show, “This case is a slam dunk for us because we know the video is the evidence, and that’s all you need.” He said, “The guy was kneeling on my brother’s neck…a guy who was sworn in to protect. He killed my brother in broad daylight. That was a modern-day lynching.”