GUILTY MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20

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Tuesday, June 1st:
*Initial Appearance Hearing (@ am CT ) - *Federal Grand Jury indicted & charged (5/7/21) Derek Michael Chauvin (44/now 45) for violated Floyd’s civil rights. Charged with violating Floyd's right to be free from unreasonable seizure, unreasonable force by a police officer & for failure to provide Floyd with medical care. Also indicted & charged (5/7/21) in a second indictment (stemming from the arrest & neck restraint of a 14-year-old boy in 2017) with Count 1 without legal justification held the teenager by the throat & struck the teenager multiple times in the head with a flashlight. Alleges that this offense included the use of a dangerous weapon-a flashlight & resulted in bodily injury to teenager. Count 2 charges that Chauvin held his knee on the neck & the upper back of teenager even after the teenager was lying prone, handcuffed & unresisting, also resulting in bodily injury.
5/7/21 Update: The three-count indictment names Derek Chauvin, Thomas Lane, J. Kueng & Tou Thao. Specifically, Chauvin, Thao & Kueng are charged with violating Floyd’s right to be free from unreasonable seizure & excessive force. All four officers are charged for their failure to provide Floyd with medical care. Chauvin was also charged in a second indictment, stemming from the arrest and neck restraint of a 14-year-old boy in 2017. In Chauvin's case, if the federal court uses second-degree murder as his underlying offense, he could face anywhere from 14 years to slightly more than 24 years, depending on whether he takes responsibility. Count One of the indictment alleges that on May 25, 2020, Chauvin held his left knee across Mr. Floyd’s neck & his right knee on Floyd’s back & arm, as Floyd lay on the ground, handcuffed & unresisting, & kept his knees on Mr. Floyd’s neck & body even after Mr. Floyd became unresponsive. The indictment alleges that Chauvin’s actions violated Mr. Floyd’s constitutional right to be free from the use of unreasonable force by a police officer & resulted in bodily injury to, and the death of, Mr. Floyd. Count Two of the indictment charges that Thao & Kueng willfully failed to intervene to stop Chauvin’s use of unreasonable force, resulting in bodily injury to, and the death of, Mr. Floyd. Finally, Count Three of the indictment alleges that all four defendants saw Mr. Floyd lying on the ground in clear need of medical care & willfully failed to aid him.
According to a police report from that 2017 encounter, Chauvin wrote that the teen resisted arrest & that after the teen, who he described as 6-foot-2 & about 240 pounds, was handcuffed, Chauvin "used body weight to pin" the boy to the floor. The boy was bleeding from the ear & needed two stitches. A separate, two-count indictment also charges Chauvin with willfully depriving a Minneapolis resident who was then fourteen-years-old of the constitutional right to be free from the use of unreasonable force by a police officer, in violation of Title 18, United States Code, Section 242. Count One of this indictment alleges that on Sept. 4, 2017, Chauvin, without legal justification, held the teenager by the throat & struck the teenager multiple times in the head with a flashlight. The indictment alleges that this offense included the use of a dangerous weapon—a flashlight—and resulted in bodily injury to the teenager. Count Two of the indictment charges that Chauvin held his knee on the neck & the upper back of the teenager even after the teenager was lying prone, handcuffed, and unresisting, also resulting in bodily injury. The charges announced today are separate from the Justice Dept’s civil pattern or practice investigation into the City of Minneapolis & thee Minneapolis Police Dept. that the Attorney General announced on April 21. The charges announced today are criminal, while the pattern or practice investigation is a civil investigation that will be conducted separately & independently from the criminal case, and will be handled by a different team of career staff from the Civil Rights Division & the U.S. Attorney’s Office.
6/1/21 Update: Initial appearance Tuesday (6/1/21) in federal court to face charges alleging he violated Floyd’s civil rights by pinning the Black man to the pavement with his knee. Chauvin is scheduled to appear in federal court via videoconference from Minnesota’s maximum-security prison in Oak Park Heights, where he’s being held as he awaits sentencing following his April conviction on murder and manslaughter charges.

*Charged (7/22/20) with 6 counts of aiding & abetting taxes-false or fraudulent returns-filed with commissioner & 3 counts of aiding & abetting taxes-failure to file return, report, document. Omnibus hearing on 6/30/21.
Floyd murder – sentencing on 6/25/21.
 
Chauvin faces hearing on federal charges in Floyd’s death

June 1, 2021
MINNEAPOLIS (AP) — The former Minneapolis police officer convicted of murder in George Floyd’s death is scheduled to make an initial appearance Tuesday in federal court to face charges alleging he violated Floyd’s civil rights by pinning the Black man to the pavement with his knee.

Derek Chauvin, 45, is scheduled to appear in federal court via videoconference from Minnesota’s maximum-security prison in Oak Park Heights, where he’s being held as he awaits sentencing following his April conviction on murder and manslaughter charges.
[.....]
The other indictment against Chauvin alleges he deprived a then-14-year-old boy, who is Black, of his right to be free of unreasonable force when he held the teen by the throat, hit him in the head with a flashlight and held his knee on the boy’s neck and upper back while he was prone, handcuffed and not resisting.


more in article.
 
He tried to, in the initial settlement agreement. But a judge stopped him.

Then they sealed/kept private the revised settlement agreement, so we don't know the final outcome. Presumably it was a bit more balanced.

I posted links further back in the threads.
Thank you. So it seems that defence lawyer EN is stuck with DC for "better and for worse".
 
DEFENDANT’S MOTIONS FOR MITIGATED DEPARTURE AND SENTENCING MEMORANDUM

“In light of Mr. Chauvin’s zero criminal history score, his mature age, low risk to re-offend, and the support of his friends and family, Mr. Chauvin is particularly amenable to a mitigated departure…”

https://mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Memorandum06022021.pdf
Was this "mitigated departure" considered by DC in relation to GF (case of 20 dollar bill)?
 
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DEFENDANT’S MOTIONS FOR MITIGATED DEPARTURE AND SENTENCING MEMORANDUM

“In light of Mr. Chauvin’s zero criminal history score, his mature age, low risk to re-offend, and the support of his friends and family, Mr. Chauvin is particularly amenable to a mitigated departure…”

https://mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Memorandum06022021.pdf


Jeez, on page 8 they are asking for probation! Not happening MOO

And if that doesn't work, they want time served then now probation on page 9! Not happening MOO
 
Derek Chauvin seeks probation for George Floyd death, state wants 30 years | Pine Journal

June 2, 2021

MINNEAPOLIS — Former Minneapolis police officer Derek Chauvin asked a judge on Wednesday, June 2, for probation after being convicted for the murder of George Floyd, while the prosecution said his crime "shocked the Nation's conscience" and he should be imprisoned for 30 years.

In a motion filed with Hennepin County District Judge Peter Cahill, lawyer Eric Nelson said Chauvin's actions in pinning Floyd to the pavement during an arrest was "best described as an error made in good faith" based on his training.

"Mr. Chauvin asks the Court to look beyond its findings, to his background, his lack of criminal history, his amenability to probation, to the unusual facts of this case, and to his being a product of a 'broken' system," Nelson wrote.
[.....]
In their own filing, prosecutors argued that Chauvin acted with cruelty, among other aggravating factors, and therefore deserved twice the upper limit of the sentencing range, or 30 years in prison.
[.....]
In Wednesday's motion, Nelson said the fact that the officers on the scene called for an ambulance "served to mitigate any cruelty" in the treatment of Floyd. Chauvin, he noted, remained on the scene until medical assistance arrived.

"Mr. Chauvin has established that he is particularly amenable to probation and is a prime candidate for a stringent probationary sentence plus time served," Nelson wrote.
 
Derek Chauvin seeks probation for George Floyd death, state wants 30 years | Pine Journal

June 2, 2021

MINNEAPOLIS — Former Minneapolis police officer Derek Chauvin asked a judge on Wednesday, June 2, for probation after being convicted for the murder of George Floyd, while the prosecution said his crime "shocked the Nation's conscience" and he should be imprisoned for 30 years.

In a motion filed with Hennepin County District Judge Peter Cahill, lawyer Eric Nelson said Chauvin's actions in pinning Floyd to the pavement during an arrest was "best described as an error made in good faith" based on his training.

"Mr. Chauvin asks the Court to look beyond its findings, to his background, his lack of criminal history, his amenability to probation, to the unusual facts of this case, and to his being a product of a 'broken' system," Nelson wrote.
[.....]
In their own filing, prosecutors argued that Chauvin acted with cruelty, among other aggravating factors, and therefore deserved twice the upper limit of the sentencing range, or 30 years in prison.
[.....]
In Wednesday's motion, Nelson said the fact that the officers on the scene called for an ambulance "served to mitigate any cruelty" in the treatment of Floyd. Chauvin, he noted, remained on the scene until medical assistance arrived.

"Mr. Chauvin has established that he is particularly amenable to probation and is a prime candidate for a stringent probationary sentence plus time served," Nelson wrote.
"Amenable to probation" - That's rich haha. Thanks for a good laugh:) Some people take their job too seriously and try too much. Return to Planet Earth!
 
Prosecutors want more time for federal trial in Floyd death

June 2, 2021
MINNEAPOLIS -- Prosecutors are asking a judge for more time to prepare for the federal trial of four former police officers facing civil rights charges in George Floyd's death, calling the case unusual and complex due in part to the sheer volume of evidence.
[.....]
But in federal court, the Speedy Trial Act requires that trial begin within 70 days of charges being filed or an initial appearance, with some exceptions. A judge can extend the deadline if the case is found to be unusual or complex.

In documents filed Tuesday and last month, federal prosecutors said the case is complex because of the separate but coordinated state and federal investigations. Many of the witnesses in Chauvin's weekslong murder trial overlap, and more evidence is expected to come out during the state trial of the other officers.
[.....]
Defense attorneys have not objected to a delay. A federal trial date has not been set.


more in article.
 
Judge grants delay in civil rights case over Floyd's death

June 5, 2021

MINNEAPOLIS -- A magistrate judge has delayed until September the arraignment of four former Minneapolis police officers charged with federal civil rights violations in George Floyd's death, ruling Friday that the case is complex and not subject to time restraints under the Speedy Trial Act.

Prosecutors had asked for more time to prepare for the case, due in part to the sheer volume of evidence. Defense attorneys did not oppose the delay.
[.....]
Magistrate Judge Tony Leung said the four men would be arraigned Sept. 14, subject to any further orders from the court. A date for trial has not been set.
 
Found this article in a tweet...

March trial schedule set for 3 ex-officers in Floyd's death - Court TV

June 9, 2021
....
According to the new scheduling order, the court will be in session on March 7 to deal with any evidentiary motions or administrative issues. Jury selection in the case will begin March 8. The trial itself will begin with opening statements on March 28.

The order from Judge Peter Cahill also outlines deadlines for attorneys to file documents in the case.
 
@Niner Thanks for your latest updates and links. Lots of important info there. Amazing quote from Eric Nelson......

Chauvin's actions in pinning Floyd to the pavement during an arrest was "best described as an error made in good faith" based on his training.

In sentencing, Defense is asking for stringent probation plus "time served" Prosecution asks for 30 years.

I don't know how Nelson defines "stringent probation", but it sounds like a gift wrapped up in a big red satin ribbon with bow.

Some of us who watched jury selection and entire trial believe Judge Cahill was sympathetic to the defense. I am thinking Cahill will meet both sides in the middle and hand down a sentence of 15 years, give or take a few. Won't be surprised DC a free man in half that time. My opinion.

7056330-Derek-Chauvin-seeks-probation-for-George-Floyd-death-state-wants-30-years
 
And I wonder how many police officers have been sentenced in USA so far?
 
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