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

[MTW2011]

So if the Judge decides sentencing in this, I just find it very interesting knowing the Judge is certainly much, much more aware of the current climate in their city and in the country, the reactions and remarks from politicians, etc.....

I just find it interesting the balance of knowing the Judge knows of all that "outside" stuff and knowing he will decide the sentence. I cannot see how one could completely put aside that pressure or fear or worry or concern or whatever you want to call it, that if a sentence is deemed too little/too weak/not enough what the reaction would be. Especially going so far, like with the Defense, of possibly being threatened or harassed himself after rendering a sentence, fear of the reactions of the public and media, etc.

It's all just very interesting to me. The entire concept of finding and seeking justice for the killing of one man, seeking justice for a much larger "thing", an entire policing system of sorts, at the "expense" of another man, in this case the Defendant. I am NOT meaning to say DC is not responsible or that he should be absolved of his responsible, I'm only hoping to articulate this interesting paradox of seeking justice for one man and seeking justice and reform and positive change on behalf of an entire system, an entire country, etc. I just find it interesting to think about that's all. Thanks for letting me think aloud here all.

 

[dixiegirl1035]

As I’ve commented previously, I think Cahill is sympathetic to Chauvin. Just my impression. That’s why Chauvin/Nelson elected to have him decide on the aggravating factors instead of the jury. I just don’t see him giving him the max or ruling in favor of the state re the aggravating factors.

So if the Judge decides sentencing in this, I just find it very interesting knowing the Judge is certainly much, much more aware of the current climate in their city and in the country, the reactions and remarks from politicians, etc.....

I just find it interesting the balance of knowing the Judge knows of all that "outside" stuff and knowing he will decide the sentence. I cannot see how one could completely put aside that pressure or fear or worry or concern or whatever you want to call it, that if a sentence is deemed too little/too weak/not enough what the reaction would be. Especially going so far, like with the Defense, of possibly being threatened or harassed himself after rendering a sentence, fear of the reactions of the public and media, etc.

It's all just very interesting to me. The entire concept of finding and seeking justice for the killing of one man, seeking justice for a much larger "thing", an entire policing system of sorts, at the "expense" of another man, in this case the Defendant. I am NOT meaning to say DC is not responsible or that he should be absolved of his responsible, I'm only hoping to articulate this interesting paradox of seeking justice for one man and seeking justice and reform and positive change on behalf of an entire system, an entire country, etc. I just find it interesting to think about that's all. Thanks for letting me think aloud here all.

Perhaps he believe that the judge will stick to the LAW. And from what I read, two of them the judge may not agree with. (e.g. child viewing.. it was under the subsection of only if a drug deal etc?)

 

[imstilla.grandma]

In anticipation of a verdict, Facebook pledged to remove posts from Facebook and Instagram that urged people to take up arms and any content that praised, celebrated or mocked George Floyd’s death. It also designated Minneapolis as a “high risk location.”

Facebook has used powerful moderation tools before to curb flow of misinformation and calls to violence in the aftermath of the 2020 presidential election. Following the Chauvin verdict, activists questioned why Facebook does not deploy them all the time.

“If Facebook can be safer for Black people, why isn’t that the default setting?” saidRashad Robinson, president of Color Of Change.

Black users have told USA TODAY they are routinely subjected to racially motivated hate speech and yet are censored by Facebook when they talk about racism. And that harassment only got worse after Floyd’s death and during the 2020 election.
Facebook: George Floyd murder lies still up after Chauvin verdict

 

[sds71]

IIRC, he is a paid for atty.. by the Police Union members who also put up the 1 or 1.25 million dollar bond right? So no public defenders at all on this case until sentenced and goes to appeals? I wonder if the police union dues cover appeals also. I would guess the police union is in for an ounce, in for a pound?

Is that correct?

f) Appeal - No benefits shall be provided to appeal a decision by a court, unless the Legal Administrator determines upon written request from the Participant that there exists a reasonable likelihood of success on the appeal.

MPPOA LEGAL DEFENSE FUND
Microsoft Word - MasterPlanDocumentasof090120.docx (mppoa.com)

 

[bluebird69]

Just when you think you have it together, one views this video and makes you bawl. No one should have to witness such, especially such a young child. Believe me, this will be in her dreams for the rest of her life. MOO I hate witnesses others such as her having to witness.

I'm rather surprised at this child being quoted in the media after the court efforts to keep her identity unknown. I hope she is supported in the future.

 

[Cool Cats]

As I’ve commented previously, I think Cahill is sympathetic to Chauvin. Just my impression. That’s why Chauvin/Nelson elected to have him decide on the aggravating factors instead of the jury. I just don’t see him giving him the max or ruling in favor of the state re the aggravating factors.

Judge sympathetic to Chauvin....Humm.....Well he did allow only three complaints against DC out of what....17?

I can't think of anything else but I'm sure - if what you say is true -
there must be more examples of him ruling in the defense's favor in very helpful ways.

Strange, an article mentioned DC's attorney didn't object enough to emotional testimony.

One way a judge might show bias is to overrule the Prosecution's objections the majority of the time and to sustain the defense's objections the majority of the time, so DC's attorney lost some opportunity if the judge was on his side....2 Cents

 

[dixiegirl1035]

f) Appeal - No benefits shall be provided to appeal a decision by a court, unless the Legal Administrator determines upon written request from the Participant that there exists a reasonable likelihood of success on the appeal.

MPPOA LEGAL DEFENSE FUND
Microsoft Word - MasterPlanDocumentasof090120.docx (mppoa.com)

Just a shout out to @sds71 and sooooo many others throughout this trial, that I have asked a serious question re law or ?? or ???... and folks have taken the time to look in their notes, or search google because I didn't find... or sometimes, that I was just too darn lazy or tired at the moment to do such on my own.

Thank you for this one off @sds71.

Thanks to all!

 

[imstilla.grandma]

https://coms.doc.state.mn.us/tourreport/02FacilityInmateProfile.pdf

 

[dixiegirl1035]

I'm rather surprised at this child being quoted in the media after the court efforts to keep her identity unknown. I hope she is supported in the future.

Sometimes, things happen behind the scene are are NEVER shared.. or only many years later. In my dreams and hopes, I would think that the Floyd family are doing "something" in the future for the witnesses to help the with their trauma. To do such now would be perhaps an appeal as to "bribery" or ()&)(&(*&(& stuff.... but I do think in the future I'm good with such but don't want it to affect an appeal.. so they need to tread carefully with the distributions of the 27 million dollars iykwim.

 

[sds71]

Just a shout out to @sds71 and sooooo many others throughout this trial, that I have asked a serious question re law or ?? or ???... and folks have taken the time to look in their notes, or search google because I didn't find... or sometimes, that I was just too darn lazy or tired at the moment to do such on my own.

Thank you for this one off @sds71.

Thanks to all!

no thank you!!
do you think the state of MN would pay Nelson to act as Chauvin's PD if the defense fund doesn't pay for it?

 

[dixiegirl1035]

https://coms.doc.state.mn.us/tourreport/02FacilityInmateProfile.pdf

Very interesting information, thanks. I was drawn to look at the average length of sentences as in the screenshot from your link

 

[imstilla.grandma]

Very interesting information, thanks. I was drawn to look at the average length of sentences as in the screenshot from your link

View attachment 293640

Me too. I was going to copy just that one line and thought as a whole, it might be important to document this day.


In Minnesota, inmates typically serve two-thirds of their sentence behind bars and the remaining third of their sentence on supervised release.

For someone with no criminal history such as Chauvin, the suggested sentencing range for unintentional second-degree murder and third degree murder is the same — from just over 10 and a half years to 15 years in prison. The recommended median sentence is 12 and a half years — the same sentence handed down in 2019 to Mohamed Noor, a former Minneapolis police officer convicted of third-degree murder for firing a shot from inside his squad car and killing a woman who had called 911.

The judge could choose to sentence based solely on those guidelines. But prosecutors have said they intend to introduce a series of “aggravating factors” that could add additional time to Chauvin’s sentence. They include committing a crime in front of a child — the youngest bystander who witnessed Floyd’s fatal arrest was 9 years old — and using police authority to commit a crime. Prosecutors have also said Floyd was particularly vulnerable, because he was handcuffed behind his back, that Chauvin acted with particular cruelty when he ignored Floyd’s pleas, and that Chauvin acted as a part of a group.

Chauvin waived his right to have a jury decide whether the aggravating factors apply, so Judge Peter Cahill will determine whether to consider them at sentencing.
Chauvin faces decades in prison, but could serve far less | WSGW 790 AM & 100.5 FM

 

[Cool Cats]

no thank you!!
do you think the state of MN would pay Nelson to act as Chauvin's PD if the defense fund doesn't pay for it?

PD..?

 

[dixiegirl1035]

no thank you!!
do you think the state of MN would pay Nelson to act as Chauvin's PD if the defense fund doesn't pay for it?

IIRC, in trials here at WS that I have followed, I have (I think????) learned that that would happen automatically if it was a death sentence, but I have NO IDEA as to this case, or this state.

Perhaps @gitana1 or other lawyers here can chime in as to who will fund Chauvin's appeals. He, IIRC, will be ONE AND DONE as to appeals though? Again, IIRC.

 

[sds71]

PD..?

public defender

 

[MTW2011]

PD..?

In this instance I believe PD is for Public Defender
Sorry @sds71 --- you were quicker than me!

 

[AliceInPain]

So, will he be locked up in solitary until he gets out?
I saw a disturbinng post on FB yesterday, are people trying to get him out?

 

[imstilla.grandma]

He has been placed on suicide watch, meaning prison guards will monitor him around the clock. Guards are also there to protect Chauvin's safety, as former police officers rarely find friends behind bars.

Over the years, murderers and rapists have spent their lives in the prison. The serial killer Paul Michael Stephani spent years there before his death in 1998.

Lawrence Scott Dame, who killed his sister, brother-in-law, and their three children while they slept, was sent to the prison in 2001.

MCF-Oak Park Heights is laid out in such a way as to minimize conflict between other prisoners and was once the subject of an architecture magazine profile.
Inside Derek Chauvin's new home: Maximum-security prison that has never seen an escape

 

[Dotta]

As I’ve commented previously, I think Cahill is sympathetic to Chauvin. Just my impression. That’s why Chauvin/Nelson elected to have him decide on the aggravating factors instead of the jury. I just don’t see him giving him the max or ruling in favor of the state re the aggravating factors.

Im curious if the judge can give the max sentence if the defendant has no prior criminal record? I know next to nothing about American law but I think there is some gradation the judge must follow while deciding the sentence. Im sure the judge will take into account these agg factors, especially because minors were involved in this terrible case. But I dont think the sentence will be too high - the last few years DCh will spend on parole (only 2/3 of the sentence in prison) and his previous imprisonment will be added. So... the sentence will be symbolic in my opinion. But the whole case was symbolic - the wind of change is coming and that is the Victory!

 

[SBops]

To what end? If the verdict is overturned there would be another trial. Another trial means ramped up security again, businesses boarding up, tensions rising, and for what? He'll just be found guilty again.

With the video evidence they have, there's no way any 12 random people from anywhere would find him not guilty. They may find 1 or 2 if they're lucky, but they'll never find 12. Never.

But in SB's poll of posters, eight thought that he should not be charged with anything, which I found really surprising.