GUILTY MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #21

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  • #61
Chauvin et all - Federal:

Doc # Date Filed Description
131 Nov 29, 2021 Main Document Order on Motion for Miscellaneous Relief

132 Nov 29, 2021 Main Document Order on Motion for Discovery AND Order on Motion to Retain Rough Notes AND Order on Motion for Discovery AND Order on Motion for Discovery AND Order on Motion for Disclosure AND Order on Motion for Disclosure AND Order on Motion for Disclosure AND Order on Motion for Release of Brady Materials AND Order on Motion for Counsel to Participate in Voir Dire AND Order on Motion for Disclosure AND Order on Motion for Discovery

link: Docket for United States v. Chauvin, 0:21-cr-00108 - CourtListener.com
 
  • #62
  • #63
St. Paul asks to move trial of cops charged with George Floyd murder

Dec. 4, 2021
Officials in one Minnesota city want to hot potato the trial of four ex-cops facing federal charges in the 2020 death of George Floyd to Minneapolis.

The trial of the former Minneapolis police officers indicted for civil rights violations is set to take place in St. Paul, but city officials are requesting the trial be moved to its Twin City.
[.....]
“The Minneapolis federal courthouse is a more ideal location to hold this extremely high-profile federal trial,” St. Paul Deputy Mayor Jaime Tincher wrote to US District Chief Judge John Tunheim and District Clerk Kate Fogarty, according to e-mails obtained by the paper. “The fact that the Minneapolis location already has a fully developed and tested security plan is certainly at the top of the list.”

US District Judge Paul Magnuson, whose chambers are in St. Paul, will to preside over the trial, which is scheduled to begin in January 2022. Cases are randomly assigned to federal judges in order to keep workloads even and so lawyers cannot choose their own judges, Tunheim told the Tribune.
[.....]
Tincher wrote in the email that the St. Paul courthouse, which dates from the 1960s, is much smaller than Minneapolis’, and may not be able to transport the defendants to and from the courthouse out of public view. There would not be ample space in the surrounding grounds for expected demonstrations, according to the Tribune.
 
  • #64
Docket Update for Federal case for all:

Doc # Date Filed Description
132 Nov 29, 2021 ORDER granting 51 Motion for Discovery; granting in part and denying in part 92 Motion for Disclosure; granting in part and denying in part 93 Motion for Release of Brady Materials; granting in part and denying in part 94 Motion for Disclosur e; denying 95 Motion for Disclosure; granting in part and denying in part 96 Motion for Disclosure; granting in part and denying in part 97 Motion for Discovery; granting in part and denying without prejudice in part 98 Motion for Discovery; granting 99 Motion to Retain Rough Notes; denying as moot 100 Motion for Discovery; and denying without prejudice 101 Motion for Counsel to Participate in Voir Dire as to Derek Michael Chauvin (1). Signed by Magistrate Judge Tony N. Leung on 11/29/2021. (Written Opinion) (LAS)
Main Document: Order on Motion for Discovery AND Order on Motion to Retain Rough Notes AND Order on Motion for Discovery AND Order on Motion for Discovery AND Order on Motion for Disclosure AND Order on Motion for Disclosure AND Order on Motion for Disclosure AND Order on Motion for Release of Brady Materials AND Order on Motion for Counsel to Participate in Voir Dire AND Order on Motion for Disclosure AND Order on Motion for Discovery

137 Dec 3, 2021 Main Document: Order on Motion for Miscellaneous Relief


link: Docket for United States v. Chauvin, 0:21-cr-00108 - CourtListener.com



from Doc #137 line above - Scheduled dates - attached pdf - here:
https://storage.courtlistener.com/recap/gov.uscourts.mnd.194493/gov.uscourts.mnd.194493.137.0.pdf


December 20, 2021: Each party shall make initial disclosure of any experts it intends to call at trial (names and CVs only)

December 30, 2021: Each party shall file Motions in Limine

January 3, 2022: Each party shall make complete expert disclosures (written summaries)

January 6, 2022: Each party shall submit its Exhibit List, Witness List, and Special Verdict Form to the Court and file any Trial Brief, Proposed Jury Instructions, and proposed Voir Dire

January 10, 2022: Each party shall file any responses to Motions in Limine

January 17, 2022: Each party shall make disclosures of rebuttal experts (names, CVs and written summaries)

January 17, 2022: Each party shall exchange exhibits with the other parties
 
  • #65
@LouRaguse

Derek Chauvin is going to change his plea in his federal case on Wednesday, according to a federal court press release. He previously pleaded "not guilty"

A bright legal mind points out to me that if Chauvin pleads guilty, he becomes available as a witness in the case against the other three officers. Would that help the state or the defense?

Another option is whether they drop his other federal case for knee on the neck of a teen (who survived) -- we don't know if that is on the table or not.

@Niner
FGgusNgXoAkhTuT

Chauvin expected to plead guilty in Floyd civil rights case | MPR News
Derek Chauvin guilty plea expected in George Floyd federal case (fox29.com)
 
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  • #66
from court site:

Document # Date Filed Description
136 Dec 1, 2021 Joint MOTION To Set Certain Deadlines by USA as to Derek Michael Chauvin, Tou Thao, J Alexander Kueng, Thomas Kiernan Lane. (Bell, LeeAnn) (Entered: 12/01/2021)
Main Document - Motion for Miscellaneous Relief

137 Dec 3, 2021 ORDER as to Derek Michael Chauvin (1), Tou Thao (2), J Alexander Kueng (3), Thomas Kiernan Lane (4): IT IS HEREBY ORDERED that the joint Motion 136 is GRANTED and further directing. Signed by The Hon. Paul A. Magnuson on 12/3/2021. (LLM) (Entered: 12/03/2021)
Main Document -
Order on Motion for Miscellaneous Relief

138 Dec 13, 2021 **TEXT ONLY** NOTICE OF SETTING CHANGE OF PLEA as to Derek Michael Chauvin. A Change of Plea Hearing is set for Wednesday, December 15, 2021, at 9:00 a.m., in Courtroom 7D (Saint Paul Courthouse), before The Hon. Paul A. Magnuson. (Entered: 12/13/2021)
Main Document - Notice of Change of Plea


link: Docket for United States v. Chauvin, 0:21-cr-00108 - CourtListener.com
 
  • #67
Sorry - this is a bit long - haven't posted it in awhile.... will shorten it up.

Wednesday, December 15th:
*Change of Plea Hearing (@ 9am CT) –MN - *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: Deprivation of rights under Color of Law & Count 2: aiding & abetting deprivation of rights under Color of Law. 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. Plead not guilty (9/14/21) to violating Floyd’s rights. Plead not guilty (9/16/21) to 14-year old boy indictment.
Trial set to begin on 1/20/22 with jury selection. Trial expected to run thru mid-February.
Court info from 5/7/21 thru 9/14/21reference post #6 here:
GUILTY - MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #21
9/16/21 Update: Chauvin pleaded not guilty Thursday to allegedly violating the civil rights of a teenager in a separate case that involved a restraint similar to the one used on Floyd. 9/14/21 Update: Minute Entry for proceedings held before Magistrate Judge Tony N. Leung: Motion Hearing as to Chauvin, Thao, Kueng, & Lan e held on 9/14/21: Non-Dispositive Motions 41, 42, 43, 51, 62, 63, 64, 65, 66, 67, 68, 72, 73, 74, 75, 76, 77, 79, 80, 81, 82, 83, 84, 85, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100 & 101 taken under advisement 9/14/21. Order to be issued; Dispositive Motions 69, 70, 78 & 88 require additional briefing & will be taken under advisement as of the latest briefing due date: Defendant Additional Briefing due 10/12/21. Government Additional Briefing due 10/26/21. R&R Issue Date 11/29/21. Minute Entry for proceedings held before Magistrate Judge Tony N. Leung: Arraignment as to Chauvin (1) Count 1 & 3 held on 9/14/21. Not Guilty Plea Entered. Transcript of Motions Hearing held on 9/14/21 before Magistrate Judge Tony N. Leung as to Chauvin, Thao, Kueng, & Lane. (79 pages). Trial on 10/8/21 has been vacated. Court Reporter: Maria Weinbeck. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents. Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy & Local Rule 80.1, the transcript may be released & made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 & Case Information Notice Intent/No Intent to Request Redactions due 9/23/21. Redaction Request due 10/7/21. Redacted Transcript Deadline set for 10/18/21. Release of Transcript Restriction set for 12/15/21.
11/29/21 Update: U.S. Magistrate Judge Tony Leung has denied requests to separate the cases of the former Minneapolis police officers involved in Floyd's death in a federal civil rights case related to the encounter. But he did not completely eliminate the possibility of having the former officers tried separately if a development arises that would justify separate trials. Judge Leung argued that the federal criminal system favors trying defendants together & that such arrangements are common. Leung stated the actions of Chauvin, Thao, Kueng & Lane all happened at the same time & place and video evidence shows all four officers together, so regardless of whether their cases are joined or not, jurors will still see how the other defendants' actions interplayed with Chauvin's. The judge also said the attorneys representing the three former officers did not show that a joint trial would harm the defendants' right to fair legal process. Rather, he argued the opposite — that having all four tried together would actually help the jurors "by giving them the best perspective on all of the evidence, allowing them to assess relative culpability" & "reach a just verdict."
11/29/21: #131-Order on Motion for miscellaneous relief. Order on Motion for Discovery & Order on Motion to Retain rough notes & Order on Motion for Discovery & Motion for Disclosure. Order on Motion for Release of Brady materials & Order on Motion for Counsel to participate in voir dire & Order on Motion for Disclosure & Discovery.
https://storage.courtlistener.com/recap/gov.uscourts.mnd.194493/gov.uscourts.mnd.194493.132.0.pdf
11/30/21 Update: U.S. District Judge Paul Magnuson earlier this month mailed out jury questionnaires ordering prospective jurors in the case to report to the courthouse on 1/20/22. The trial of Chauvin, Kueng, Thao & Lane will run through mid-February. Some issues are still lingering ahead of the trial, including a magistrate judge’s ruling that the four officers should be tried together. Attorneys for Kueng, Thao & Lane have argued that Chauvin, already found guilty, should be tried separately in order to ensure a fair trial for the other three former officers. The trio could still ask Magnuson for an independent ruling. Kueng, Thao & Lane face State trial next March [3/28/22] on aiding & abetting counts. Chauvin is also charged in a separate Federal indictment alleging he violated the civil rights of a 14-year-old boy in 2017.
11/29/21: #132 Order granting #51 Motion for Discovery; granting in part & denying in part #92 Motion for Disclosure; granting in part & denying in part #93 Motion for Release of Brady Materials; granting in part & denying in part #94 Motion for Disclosure; denying #95 Motion for Disclosure; granting in part & denying in part #96 Motion for Disclosure; granting in part & denying in part #97 Motion for Discovery; granting in part & denying without prejudice in part #98 Motion for Discovery; granting #99 Motion to Retain Rough Notes; denying as moot #100 Motion for Discovery; and denying without prejudice #101 Motion for Counsel to Participate in Voir Dire as to Chauvin. Signed by Magistrate Judge Tony N. Leung on 11/29/21.
12/3/21: #137 Main Document: Order on Motion for Miscellaneous Relief. 12/1/21: Joint motion (Motion for Miscellaneous Relief) to set certain deadlines by USA as to Thao, Kueng & Lane & Chauvin. 12/3/21: Order as to Motion for Misc. Relief-granted by The Hon. Paul A. Magnuson on 12/3/21. 12/13/21: Notice of setting Change of Plea hearing for Chauvin on 12/15/21 @ 9am. 12/13/21 Update: Chauvin appears to be on the verge of pleading guilty to violating Floyd's civil rights, a move that would remove him from a federal trial but could significantly increase the amount of time he’ll spend behind bars. A notice sent out Monday by the court's electronic filing system shows a hearing is scheduled for Wednesday, 12/15/21 for Chauvin to change his not guilty plea. These types of notices typically indicate a defendant is planning to plead guilty, though nothing will be official until it happens in court. Chauvin is also charged in a second indictment, stemming from the use of force and neck restraint of a 14-year-old boy in 2017. The court gave no indication that Chauvin would be changing his plea in that case.
*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. Pre Disposition hearing on 1/21/22.
*George Floyd murder guilty – sentenced on 6/25/21 to 22½ years in prison. 9/19/21 Update: One of the murder convictions against former Minneapolis police officer Derek Chauvin is likely to be thrown out after a decision last week by the Minnesota Supreme Court. Minnesota has defined third-degree murder as killing a victim without intent while acting in a dangerous way to other people while showing “a depraved mind.” The Minnesota high court’s ruling said that the element of a depraved mind is not applicable if the person being charged was only focused on one victim. Unless Chauvin’s attorney can successfully argue that the third-degree charge hurt his chances at trial, it is unlikely his sentence on that second-degree murder charge would be affected even if the third-degree murder conviction were overturned. 9/23/21: Filed appeal. 10/9/21: Imprisoned former Minneapolis police officer Derek Chauvin, who claims he's indigent, won't get to make oral arguments in the appeal of his murder conviction in the death of George Floyd unless he hires a lawyer, the State Court of Appeals said Friday. "Because (Chauvin) is currently unrepresented in this appeal, oral argument is not permitted," Court of Appeals Judge Matthew Johnson wrote. "If (Chauvin) later obtains counsel, however, he may file a motion with this court requesting oral argument." Earlier this week, State Supreme Court Chief Justice Lorie Gildea denied Chauvin's request for an appellate public defender in his appeal. Gildea said Chauvin failed to prove that he lacked the funds to pay for his own lawyer. Hennepin County Judge Peter Cahill had previously also denied Chauvin's request for a free appellate lawyer. If he isn't allowed to make oral arguments, Chauvin would only be able to make his appeal in writing. He has already submitted a claim to the appellate court raising 14 issues. In a signed affidavit claiming poverty and petitioning for a free public defender, Chauvin wrote that he is $142,000 in debt & lacks income.
10/18/21 Update: Earlier this month, the Minnesota Supreme Court denied Chauvin's request for a public defender. Chauvin stated his debts exceed his assets, leaving him to represent himself because he wouldn't be able to cover attorney's fees. In a new filing, the law firm Mohrman, Kaardal & Erickson, P.A. states it will appear on Chauvin's behalf. Attorney William Mohrman specifically filed the document.
 
  • #68
@esmemurphy
Floyd family members are in court with their attorney Ben Crump, Judge asks Chauvin if he understands “this is the end of it” that he has no right to appeal or have any kind of trial in this case

Derek Chauvin tells Judge he waives all rights to a trial

Judge asking Derek Chauvin if he understands without agreement he faces life in prison , he answers “yours here”

Derek Chauvin will have to pay restitution , the amount has not been determined

, he will never be able to work as a law enforcement officer again according to plea agreement, Chauvin must disclose all his assets

Chauvin pleads GUILTY to Count one

Chauvin now being asked about Sept. 4 2017 incident where he knelt on neck of 14yo after grabbing his throat and hitting him with a flashlight. Chauvin admits to all details of the charges.

He is also admitting to depriving Juvenile in a 2017 case of his constitutional rights

Prosecution asks Chauvin: you would agree ..willfully deprived George Floyd of his constitutional right” Chauvin answers “Correct”

Chauvin also answers questions with a “correct” that he had his knees on George Floyd even when he was unconscious

Judge will not sentence Chauvin today waiting on the pre-sentence report

Hearing adjourned after 32 minutes. To recap: Chauvin pleaded guilty to federal charges of using excessive force against George Floyd & a 14yo boy during a 2017 incident. Cases are separate from the state murder & manslaughter charges a state jury convicted him of in April.

Ex-cop Chauvin changes plea to guilty in George Floyd civil rights case
 
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  • #69
  • #70
  • #71
Per Court TV: Chauvin could receive a 25 year federal sentence to run concurrent with his state sentence (2 1/2 years more). State sentences can be shorten to 2/3 time, but federal sentences can only be shortened for 90% time. He will probably go to a federal facility.
 
  • #72
A copy of Chauvin’s plea agreement, disclosed after the hearing, offered new details on what the former officer heard and witnessed at the scene, including from the other officers.

In the plea deal, signed by Chauvin, the former officer admitted he “knew what he was doing was wrong.”

Chauvin admitted he heard bystanders urging him to check for a pulse and to get off Floyd because he was no longer responsive. He also admitted to blocking bystanders from offering medical aid to Floyd, nor did he offer aid himself, “as he was capable of doing,” which resulted in Floyd’s “body injury and death.”

Chauvin also admitted he heard Kueng, who was positioned next to Chauvin with his knees on Floyd’s back, twice tell him he could no longer detect Floyd’s pulse. Chauvin also said he heard Lane, who was holding Floyd’s legs, twice ask him whether Floyd “should be rolled onto his side.”


It was not immediately clear how Chauvin’s change of plea might affect the upcoming federal trial. The attorneys for Kueng and Thao — Thomas Plunkett and Robert Paule — were seated behind Chauvin in court Wednesday. Earl Gray, who is representing Lane, was in court in Minneapolis, where he is representing former Brooklyn Center police officer Kimberly Potter in her manslaughter trial in the fatal shooting of Daunte Wright. The attorneys have not responded to requests for comment.

Derek Chauvin pleads guilty to violating George Floyd’s civil rights - The Washington Post
 
  • #73
So is he doing this because he hopes to be sent to a federal rather than a state prison?

I really don't think it's because he's suddenly overcome with remorse.

MOO
 
  • #74
Chauvin -

Docket update:

Document Number Date Filed Description
139 Dec 15, 2021 FELONY INFORMATION by USA Allen A Slaughter, Jr, Samantha Trepel as to Derek Michael Chauvin (1) count 1s assigned to Judge Paul A. Magnuson. (MTP) Document QC'd on 12/15/2021 (CLK).
Main Document Information - Felony

140 Dec 15, 2021 Minute Entry for proceedings held before The Hon. Paul A. Magnuson: An Initial Appearance, Arraignment, and Change of Plea Hearing as to Derek Michael Chauvin was held on Wednesday, December 15, 2021. Plea entered by Derek Michael Chauvin (1): Guilty as to Count One (1) of the Information; Guilty as to Count One (1) of the Indictment. (Court Reporter Renee Rogge) (LLM)
Main Document Initial Appearance

141 Dec 15, 2021 WAIVER OF INDICTMENT by Derek Michael Chauvin. (MTP)
Main Document Waiver of Indictment

142 Dec 15, 2021 PLEA AGREEMENT as to Derek Michael Chauvin (MTP)
Main Document Plea Agreement


link: Docket for United States v. Chauvin, 0:21-cr-00108 - CourtListener.com
 
  • #75
Chauvin pleads guilty to federal charge in Floyd’s death, civil rights trial to be held next month - East Idaho News

In his federal plea Wednesday, Chauvin admitted he willfully deprived Floyd of his right to be free from unreasonable seizure, including unreasonable force by a police officer, by kneeling on Floyd’s neck even though he was handcuffed and not resisting. A second federal count in Floyd’s death was dismissed, but Chauvin pleaded guilty to another count in an unrelated 2017 case.

Chauvin also pleaded guilty to violating the rights of a 14-year-old boy during a 2017 arrest in which he held the boy 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.

That was one of several cases mentioned in state court filings that prosecutors said showed Chauvin used neck or head and upper body restraints seven times dating back to 2014, including four times state prosecutors said they went beyond the point force was needed.
 
  • #76
State charges: Just an update on the 3 officers' docket. No court hearing date just trial date next.

12/15/2021 Correspondence Index # 504

12/15/2021 Discovery Disclosure Index # 505

12/15/2021 Affidavit of Service Index # 506

12/15/2021 e-Service
State of Minnesota
Served 12/15/2021

12/15/2021 e-Service
Thao, Tou
Served 12/15/2021

12/15/2021 e-Service
Thao, Tou
Served 12/15/2021

12/15/2021 e-Service
Thao, Tou
Served 12/15/2021

12/15/2021 e-Service
Thao, Tou
Served 12/15/2021

12/15/2021 e-Service
State of Minnesota
Served 12/15/2021

12/15/2021 e-Service
Thao, Tou
Served 12/15/2021

12/15/2021 e-Service
Thao, Tou
Served 12/15/2021

12/15/2021 e-Service
State of Minnesota
Served 12/15/2021

03/07/2022 Jury Trial (9:00 AM) (Judicial Officer Cahill, Peter A.)

link: https://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1628112172
 
  • #77
  • #78
  • #79
anyone feel sorry for him... not me...

George Floyd's Murderer Derek Chauvin Leading Dismal Life Behind Bars

Jan. 1, 2022


Derek Chauvin is experiencing the consequences of his actions, leading a dismal life in prison, under intense security and with few freedoms ... a fate he sealed for himself.

Chauvin's been locked up for 8 months now in the Administrative Control Unit, a sector of restrictive housing with extensive security inside Minnesota Correctional Facility-Oak Park Heights. He's got surveillance cameras on his every move, and the prison staff checks on him every 30 mins.

A rep for the facility tells us Chauvin remains isolated, without job opportunities, educational programs or contact with other inmates. Not only that ... he showers, eats, goes to the bathroom and sleeps all in the same cell. We're told he gets about an hour each day outside his cell for exercise.
 
  • #80
Niner said:
anyone feel sorry for him... not me...

George Floyd's Murderer Derek Chauvin Leading Dismal Life Behind Bars

Jan. 1, 2022


Derek Chauvin is experiencing the consequences of his actions, leading a dismal life in prison, under intense security and with few freedoms ... a fate he sealed for himself.

Chauvin's been locked up for 8 months now in the Administrative Control Unit, a sector of restrictive housing with extensive security inside Minnesota Correctional Facility-Oak Park Heights. He's got surveillance cameras on his every move, and the prison staff checks on him every 30 mins.

A rep for the facility tells us Chauvin remains isolated, without job opportunities, educational programs or contact with other inmates. Not only that ... he showers, eats, goes to the bathroom and sleeps all in the same cell. We're told he gets about an hour each day outside his cell for exercise.
Click to expand...

Not in the least bit!
 
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