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

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This is a bit long - but stuff was added after his trial - I'll shorten it up a bit now. :)

Friday, June 25th:
*Sentencing Hearing (@ 1:30pm CT) - MN – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) - *Derek Michael Chauvin (44/now 45) police officer who held his knee on Floyd’s neck for 8 minutes & 46 seconds (Note: on 10/14/20 this has been changed to 9 minutes & 29 seconds) (& non responsive for 2 minutes & 53 seconds before officer took his knee off his neck; from 8:19pm to 8:28pm his knee was on Floyd’s neck; has been fired (5/26/20) & arrested & charged (5/29/20) with 3rd degree murder & 2nd degree manslaughter. Charges changed (6/3/20) to 2nd degree murder-unintentional-while committing a felony, 3rd degree murder-perpetrating eminently dangerous act (3rd degree charge was dismissed on 10/22/20 & reinstated on 3/11/21) & evincing depraved mind & 2nd degree manslaughter-culpable negligence creating unreasonable risk. $500K bond, reset (6/8/20) @ $1.25M & $1M with conditions. Posted non-cash $1M bond (10/7/20) & has been released from jail.
Trial began on 3/8/21 with jury selection. Jury selection ran through March 23, 2021. Trial with opening statements & the commencement of the State’s case began on March 29, 2021. Experts anticipate the trial could last 2-4 weeks. Jurors: 12 & 2 alternates (9 women & 5 men). Jurors will be sequestered during deliberations. None of the other officers will be testifying at Chauvin’s trial. The State rested their case on 4/13/21 & had 38 witnesses. Defense started their case on 4/13/21 & rested their case on 4/15/21 & 7 witnesses.
Closing arguments will begin Monday, 4/19/21. The jury will be sequestered then. 4/21/21: Judge Cahill orders the Chauvin trial juror names will remain confidential for at least 180 days (10/20/21).
Judge Cahill said the jury will begin their deliberations at 9am & go as late until 7:30pm CT. 4/19/21: Jury started deliberations @ 4pm to 8pm (for ~4 hours). 4/20/21: Jury started deliberations @ 8am to ~1:45pm (for ~ 5 hours & 45 mins). Total deliberations: 9 hours & 45 mins. – Verdict: Guilty of all charges. Sentencing on 6/16/21 & changed to 6/25/21. Remanded to custody & bond revoked & held @ MCF Oak Park Heights.
Appeal possibilities - see post #65 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20
List of aggravating & mitigating factors listed by State - see post #81 here:
MN - George Floyd, 46, Minneapolis, 25 May 2020 **Media & Timeline - NO DISCUSSION
Bond conditions & court info 12/19/20 thru 3/23/21 & jury selection (3/9 thru 3/23) & Day 1 to 14 of Trial & closing arguments & deliberations (3/29 to 4/20/21) reference post #2 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20
4/20/21 Tuesday, Trial Day 16/Day 2 of deliberations: Count 1-- Guilty of unintentional murder. Penalty: Up to 40 years in prison; Count 2-- Guilty of 3rd degree murder. Penalty: Up to 25 years in prison; Count 3-- Guilty of 2nd degree manslaughter. Penalty: Up to 10 years in prison. Chauvin is remanded to custody & bail revoked & will be held MCF Oak Park Heights. PSI due in 4 weeks (~5/18/21), briefing in 6 weeks (~ 6/1/21) & sentencing in 8 weeks (on 6/16/21).
4/20/21: Interim Order for Commitment & return (no dates) filed. 4/23/21: Federal investigators are looking at videos from Sept. 4, 2017, where Chauvin is reportedly seen, "striking a Black teenager in the head so hard that the boy needed stitches, then allegedly holding the boy down with his knee for nearly 17 minutes & allegedly ignoring complaints from the boy that he couldn't breathe." 4/23/21: Order sealing certain juror info, redacting foreperson signature on publicly-filed verdict forms & filing under seal of original signed verdict forms.
4/27/21 Update: The court initially set Chauvin's sentencing for June 16 but has now moved it to the afternoon of June 25. 4/26/21: Notice of visual or audio coverage on trial by KSTP & WCCO-TV. 4/27/21: Notice of visual or audio coverage of trial by CBS News, PBS Frontline, Washington Post, Associated Press, Star Tribune, CNN, Fox 9 & ABC News.
4/28/21 Update: Federal prosecutors want to indict Chauvin in connection to 2 cases: for pinning Floyd down by his neck for more than 9 ½ minutes in May 2020 & for the violent arrest of a 14-year-old boy in 2017. In the latter case, Chauvin struck the teen on the head with his flashlight, then grabbed him by the throat & hit him again. A grand jury has been meeting to consider those charges, and if he were to be charged and convicted in federal court, that sentence could be up to life in prison.
4/30/21 Update: State's Memo of Law in Support of Blakely Aggravated Sentencing factors: In their filing, the prosecution argues there are five factors that warrant an increased sentence: State files request for aggravated sentence for Derek Chauvin. Floyd was a particularly vulnerable victim because he was handcuffed. Floyd was treated with particular cruelty because Chauvin "inflicted gratuitous pain," his actions caused "psychological distress" for Floyd and the bystanders, and Chauvin did not provide Floyd medical aid. Chauvin abused his position of authority as a police officer. Chauvin committed the crime as a part of a group of at least three people. Three other former Minneapolis police officers have been charged in connection to the incident. The crime happened in front of children.
Defendant's Memo of Law in Opposition to Upward Durational Sentencing Departure: Because the State has failed to meet its burden of proving the existence of the alleged aggravating factors beyond a reasonable doubt, the Court may not consider them in making its sentencing determination.
5/2/21: A number of legal sources, including those familiar with the trial, told WCCO this juror, Brandon Mitchell at minimum will have to be questioned in what’s called a Schwartz hearing. And depending on his answers, a mistrial could be declared. Before being selected, Mitchell filled out this questionnaire. On it, he said he never attended protests over police brutality in Minnesota or beyond. He also answered a question on Black Lives Matter, saying, “Black lives just want to be treated as equals & not killed or treated in an aggressive manner simply because they are Black.” “If he had been asked about it & he tried to hide it, that could be an issue,” Moran said. “But at this point, I don’t see anything, any evidence that he tried to hide it.” The defense does now have the right to ask Judge Peter Cahill to go back & question Mitchell, then Cahill can decide if the verdict will stand.
5/3/21: Notice of visual or audio coverage filed by New York Times. 5/4/21: Defense files Defendant’s Notice of Motions & Post-Verdict Motions (for a new trial). Chauvin’s attorney, Eric Nelson, is alleging pretrial publicity affected Chauvin's right to a fair trial. The motion alleges the court abused its discretion by denying the requests for a change in venue & a new trial. Because the court failed to sequester the jurors or "admonish them to avoid all media," Nelson's filing said, they were subjected not only to prejudicial publicity but also to "jury intimidation or potential fear of retribution." "The court has already rejected many of these arguments & the State will vigorously oppose them," John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, said in a statement Tuesday evening. In total, the motion alleges eight abuses of discretion by the court. The filing also requested an order “to impeach the verdict” on “the grounds that the jury committed misconduct, felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations.” Asked for a hearing to impeach the verdict. 5/6/21: Notice of Visual or Audio coverage filed by Entertainment Tonight & CourtTV. 5/11/21: Verdict & Findings of Fact regarding Aggravated Sentencing Factors filed by State. 5/12/21: Order allowing audio & video coverage of sentencing hearing.
5/12/21 Update: Judge Peter Cahill said in an order made public Wednesday that four aggravating factors are present in the case: Chauvin abused a position of trust & authority as a police officer, treated Floyd with "particular cruelty," committed the crime as part of a group with at least three other people & that children were present during the commission of the offense. A finding that could pave the way for a longer sentence. The maximum sentence for that charge is 40 years, but state sentencing guidelines recommend 12.5 years in prison for a conviction on unintentional 2nd degree murder for someone with no criminal history. Prosecutors sought an upward departure from that duration, arguing there were multiple aggravating factors in the case. 5/12/21: Order allowing audio & video coverage of sentencing hearing.
6/2/21: Defendant's Motions for mitigated departure & sentencing memorandum filed. Per Motion: A pre-sentencing investigation (PSI) was completed, and the officer who conducted the PSI concluded that Mr. Chauvin’s criminal history score is zero. Because all three crimes of conviction arose from the same behavioral incident, they merge, and the Court must pronounce a sentence only on the highest-level offense, which, in this case, is 2nd degree, unintentional felony murder. The sentencing range for this offense is 128 months to 180 months, with a presumptive duration of 150 months. Asking for probation.
6/2/21: Memorandum of Law in support of defendant's post-verdict motions filed. Asking for new trial. 6/2/21: State's memorandum of law on sentencing. Asking for 30 years. 6/16/21: State's memorandum in opposition to defendant's post-verdict motions (of 5/4/21).
*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.
Court info from 5/7/21 reference post #640 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20
5/31/21 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 video conference 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.
6/1/21 Update: Chauvin said he's financially unable to employ counsel in Federal case, so U.S. Magistrate Judge Becky R. Thorson appointed Eric Nelson (his lawyer from State case) to be his counsel. Chauvin also waived his right to contest Federal detention given his current situation as a convicted murderer. Asst. attorney Manda Sertich said the government had no objection to holding the initial appearance via video conference. Judge Thorson reminded the government of its obligation to hand exculpatory evidence to the defense under Brady vs. Maryland. Chauvin has not yet entered a plea on the civil rights charges, & an arraignment has not yet been scheduled.
6/4/21 Update: 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.
*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.
 
Double departure? Does that mean 21-30 years? Double the presumptive sentence?


In Chauvin’s case, because he has no criminal history of convictions, his presumptive sentence is a prison term between more than 10 and a half years and 15 years.

However, four aggravated sentencing factors have been found in this case ......

While Judge Peter Cahill is technically allowed to depart from the sentencing guidelines in either direction, he has to justify going above or below the recommended sentence if he does so.

The aggravated factors largely remove Cahill’s need to justify a longer sentence.

The maximum possible sentence for second-degree murder in Minnesota is 40 years, but because of Chauvin’s clean criminal history, “we have some case law in Minnesota that indicates that [Cahill] is safe going up to a double departure without too much fear of it being reversed”, Colbert said.

Minneapolis braces for Derek Chauvin’s sentencing in Floyd case
 
SouthAussie said:
Double departure? Does that mean 21-30 years? Double the presumptive sentence?


In Chauvin’s case, because he has no criminal history of convictions, his presumptive sentence is a prison term between more than 10 and a half years and 15 years.

However, four aggravated sentencing factors have been found in this case ......

While Judge Peter Cahill is technically allowed to depart from the sentencing guidelines in either direction, he has to justify going above or below the recommended sentence if he does so.

The aggravated factors largely remove Cahill’s need to justify a longer sentence.

The maximum possible sentence for second-degree murder in Minnesota is 40 years, but because of Chauvin’s clean criminal history, “we have some case law in Minnesota that indicates that [Cahill] is safe going up to a double departure without too much fear of it being reversed”, Colbert said.

Minneapolis braces for Derek Chauvin’s sentencing in Floyd case
Click to expand...

Yes, that's my understanding also. 2x the 10-15 years is within double.. so 20-30 possible. I googled and many states refer to such.
 
Most local speculators (that is all it is) are going with about 25-30 and with no prior criminal convictions he will be out much sooner. They expect Floyd family to speak today...no one knows about anyone for DC. The attorney general asked for public to write victim impact statements and email them and I suspect a few of those will be read to show community not just family impact. Judge Cahill must have some serious time limits in mind to get this done on a Friday afternoon prior to rush hour. Also I imagine no one expected for DC. He has a father right here in St. Paul...wonder if he will at least show up? Probably not...he has a business and does not want the media attention. Sad life Mr. Chauvin has had and sad conclusion. His entire remaining life whether in or out of prison will be taken up with legal matters, courtrooms etc. Eric Nelson really got the wrong client.
 
turaj said:
Most local speculators (that is all it is) are going with about 25-30 and with no prior criminal convictions he will be out much sooner. They expect Floyd family to speak today...no one knows about anyone for DC. The attorney general asked for public to write victim impact statements and email them and I suspect a few of those will be read to show community not just family impact. Judge Cahill must have some serious time limits in mind to get this done on a Friday afternoon prior to rush hour. Also I imagine no one expected for DC. He has a father right here in St. Paul...wonder if he will at least show up? Probably not...he has a business and does not want the media attention. Sad life Mr. Chauvin has had and sad conclusion. His entire remaining life whether in or out of prison will be taken up with legal matters, courtrooms etc. Eric Nelson really got the wrong client.
Click to expand...
Quite the contrary:) He won't have to worry about being unemployed:)
 
The rural, biracial juror on the Chauvin trial: 'It was absolutely traumatic'

“It was absolutely traumatic, certain things, especially the first day we saw them,” Journee Howard said of the trial and the countless times jurors were presented with video evidence of the murder. “It was very disheartening and gut-wrenching. … I mean, nobody wants to watch someone die over and over and over, let alone one time, so having to be (subjected) to something like that and not only having to watch it, but having to pay attention and having to listen and look for details or listen for whatever that was — you know, certain images, I don’t think I’ll ever get out of my head.”

She thought the body camera footage was the most important evidence, and breathing expert Martin Tobin was a “fan favorite” for the jury, she said.

“Everyone liked him,” she said of the diminutive Irish doctor who detailed in plain language how Chauvin’s actions led to Floyd’s death. “I really liked the fact that … he wasn’t getting paid. He was just doing this for the good of humanity.”

She was surprised to hear from Police Chief Medaria Arradondo, who testified that Chauvin violated department policies on use of force, de-escalation, neck restraints and rendering aid to someone in distress.

“Hearing his statement and testimony was very big for me,” Howard said.
 
JerseyGirl said:
The rural, biracial juror on the Chauvin trial: 'It was absolutely traumatic'

“It was absolutely traumatic, certain things, especially the first day we saw them,” Journee Howard said of the trial and the countless times jurors were presented with video evidence of the murder. “It was very disheartening and gut-wrenching. … I mean, nobody wants to watch someone die over and over and over, let alone one time, so having to be (subjected) to something like that and not only having to watch it, but having to pay attention and having to listen and look for details or listen for whatever that was — you know, certain images, I don’t think I’ll ever get out of my head.”

She thought the body camera footage was the most important evidence, and breathing expert Martin Tobin was a “fan favorite” for the jury, she said.

“Everyone liked him,” she said of the diminutive Irish doctor who detailed in plain language how Chauvin’s actions led to Floyd’s death. “I really liked the fact that … he wasn’t getting paid. He was just doing this for the good of humanity.”

She was surprised to hear from Police Chief Medaria Arradondo, who testified that Chauvin violated department policies on use of force, de-escalation, neck restraints and rendering aid to someone in distress.

“Hearing his statement and testimony was very big for me,” Howard said.
Click to expand...

I didn't see the juror's comment to that both the prosecutors were pro bono also. There were.......... at least 3 that usually charge for services. Is that correct?
 
Judge denies Derek Chauvin's request for new trial ahead of sentencing (nbcnews.com)

The former Minneapolis police officer was convicted in April of second- and third-degree murder, as well as second-degree manslaughter.

MINNEAPOLIS — A Minnesota judge denied a request from Derek Chauvin's attorney for a new trial hours before the former Minneapolis police officer is to be sentenced for murder in the death of George Floyd.

Hennepin County District Judge Peter Cahill, who will sentence Chauvin Friday afternoon, also denied the defense's request for a hearing on jury misconduct.

Prosecutors have asked that Chauvin receive 30 years in prison. His lawyer is seeking probation...
 
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