I believe that as with all cases, the judge's role in sentencing is to look at the evidence and the aggravating factors evidence to determine sentencing. I don't believe the judge would let the outside factor override his duty (and, I think, the same is true of the jury). Fortunately, he has been found guilty on all charges and should be sentenced based on that fact. The jury decided that his actions were what the state presented.
We will see when Lane and others are tried. Lane and the others did not stop their compatriot to rescue this man and, as such, are charged. If a jury finds them guilty, then, they are based on the facts and evidence is presented. Lane did ask about turning Mr. Floyd on his side but failed to act to care for Mr. Floyd. I will work to watch all of that trial as well.
Nelson did not do the best job in defending this convicted murderer. You may be right that he should have highlighted size and what not. But, at the end of the day, Mr. Floyd was handcuffed, subdued, placed on his stomach with a man with a knee on his neck and others on strategic parts of his body so he could not move AND, ultimately, breathe. The video is what convicted him--his cold stare, picking gravel from a tire, and his hands in his pockets or resting on his knees. Poor representation is not a great reason for overturning a verdict but given the video-- all of it-- the work and plan to get this man an acquittal was almost impossible. This murderer worked with his attorney on his defense and consented to the process his lawyer set out.
Mr. Floyd is unable to claim assault or have a lawyer claim it for him because he was murdered. The murderer in this case has used excessive force before. The MPD should also be held accountable because they failed to reign this nightmare in. In this day and age, many people don't need to just claim assault b/c they are filming it or others are filming, combined with BWC the LE are on notice that their actions, even in spur of the moment, are able to be scrutinized. It is time to perform to their training and start to get it right---as most of them do. The bad actors are now on notice. Even in the most recent cases, people are watching the videos and are recognizing when use of force is warranted.
