GUILTY MN - George Floyd, 46, died in custody, Minneapolis, 25 May 2020 #19 - Chauvin Jury Deliberations #2

[Tippy Lynn]

Civil rights attorney identifies man in fatal Minneapolis incident; FBI, BCA investigation underway

'Completely And Utterly Messed Up': Video Of Fatal Arrest Shows MPD Officer Kneeling On Man's Neck For At Least 7 Minutes


MN - George Floyd, 46, Minneapolis, 25 May 2020 **Media & Timeline - NO DISCUSSION

Thread #1
Thread #2
Thread #3
Thread #4 - Chauvin Opening Statements and Trial Day 1
Thread #5 - Chauvin Trial Day 2
Thread #6 - Chauvin Trial Day 3
Thread #7 - Chauvin Trial Day 4
Thread #8 - Chauvin Trial Day 5
Thread #9 - Chauvin Trial Day 6
Thread #10 - Chauvin Trial Day 7
Thread #11 - Chauvin Trial Day 8
Thread #12 - Chauvin Trial Day 9
Thread #13 - Chauvin Trial Day 10
Thread #14 - Chauvin Trial Day 11
Thread #15 - Chauvin Trial Day 12
Thread #16 - Chauvin Trial Day 13
Thread #17 - Chauvin trial day 14

Jury Instructions

Verdict Watch Thread #1


Sidebar discussion week #1
Sidebar discussion week #2
Sidebar discussion week #3

 

[Sillybilly]

ADMIN NOTE:

We are now on Verdict Watch.

Members may continue to discuss the closing arguments and the deliberations while we wait for a verdict.

Please stay on topic by discussing the case without derailing the discussion with peripheral matters of riots and protests, BLM, all the extraneous chatter about racial inequities and other social justice issues that will never be resolved in this Websleuths discussion.

Reminder to not trash the witnesses or officers of the court (the judge, the lawyers)

Thanks !!

 

[Niner]

@JerseyGirl - if you close this thread for a new one - please post this over there! TIA!

Tuesday, April 20th:
*Trial continues-VERDICT WATCH! (Day 2)(Day 16 of trial) (@ 9am 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. Jury started deliberations on 4/19/21 (for ~4 hours).
Jurors’ info & incidents Judge will allow against Chauvin reference post #8 here:
MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 #14 - Chauvin Trial Day 11
Bond conditions & court info 12/19/20 thru 3/23/21 & jury selection (3/9 thru 3/23) & Day 1 to 13 of Trial (3/29 to 4/14/21) reference post #11 here:
VERDICT WATCH - MN - George Floyd, 46, died, Minneapolis, 25 May 2020 #18 - Chauvin Closing & Deliberations #1
4/19/21 Monday, Trial Day 15: Judge Cahill gave jury instructions. Steve Schleicher delivered closing arguments (was ~1 hour & 45 mins). Eric Nelson gave defense closing arguments (was ~2 hours & 45 mins). State requested curative instruction as to the issue of intent that the council made a misstatement of law when he indicated & argued that the defendant had to intend to apply unlawful force. Curative instruction denied. Judge will reread the instruction about disregarding any attorney statement that is contrary to the instructions he has given them. Jerry Blackwell gave rebuttal (was ~ 40 minutes). Judge Cahill went through more instructions for jurors. He walked them through filling out verdict forms, etc. Judge Cahill swears in the deputy & sends the jurors with him to start deliberations. He holds back two jurors who are the alternates. Nelson accusing the prosecution of 'prosecutorial misconduct', to the point there should be mistrial. Judge Cahill: I'm not making any findings as to whether it was the type of prosecutorial misconduct that would result in this trial, I think it was adequately addressed by the courts instruction to disregard. Moments after jurors went into deliberation, defense attorney Eric Nelson pleaded with Judge Peter Cahill to declare a mistrial, pointing to the “public context” & “profound” media attention of the trial, including criticisms from Rep. Maxine Waters (D-Calif.) & television shows. Judge Cahill, "I wish elected officials would stop talking about this case, especially in a manner that is disrespectful to the rule of law.. their failure to do so is abhorrent."Judge Cahill, "A Congresswoman's opinion doesn't matter a whole lot .. motion for a mistrial is denied." Chauvin says in court that, if convicted, he would like Judge Cahill to determine aggravating factors that might lengthen his prison sentence -- rather than having a jury decide. Deliberations started at 4pm CT & ended at 8pm CT. Deliberations continue on 4/20/21.
*Charged (722/20) 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.

 

[dixiegirl1035]

I am gobsmacked that the jury instructions did not include a mention of "experts as jurors". They instructed her (the cardiac nurse) in voir dire that she could not bring in her training etc. into deliberations and discussions, but should also have mentioned/ reminded/ reinforced again such in the instructions. MOO This is something that should have been done as is noted in the paper below. MOO (This is cut/paste of earlier post)---->>>>

Putting this scholarly paper in the media/documents thread as I believe excellent primer and so on target and perhaps potential landmine re juror "expert" (nurse) discussions during deliberations for appeal.

https://scholarship.law.umt.edu/cgi/viewcontent.cgi?article=1127&context=faculty_lawreviews

Entire document is on point, and more specifically pages 20-21/47

---ETA: Bringing forward to this thread the Jury instructions for this trial
https://www.mncourts.gov/mncourtsgo...s/27-CR-20-12646/JuryInstructions04192021.pdf

ETA #2: Maybe not a bad thing and no basis for appeal in that it wasn't in the jury instructions?

page 37 exerpt

"As I will explain in proposing remedial measures, a party should not be allowed to seek to overturn a verdict unless it first requested a jury instruction that might have prevented the misconduct"....... I wonder if that includes merely mentioning it in voir dire, but not having to do it again with the final jury instructions?

 

[Bravo]

I did clarify in a later post (prior thread) that it was mace Chauvin pulled out and pointed at the crowd. Not a taser. Perhaps I misspoke since taser is now in the news with another tragedy. Apologies for the confusion.

 

[dixiegirl1035]

I had a note to myself to follow up the Blakely waiver from yesterday, and I'm down in a rabbit hole right now.

Does anyone have handy the list / link to of what are the mitigating and aggravating factors that are for sentencing determinations in Minnesota in this case?

TIA.

 

[SouthAussie]

I had a note to myself to follow up the Blakely waiver from yesterday, and I'm down in a rabbit hole right now.

Does anyone have handy the list / link to of what are the mitigating and aggravating factors that are for sentencing determinations in Minnesota in this case?

TIA.

This link provides the statutory aggravating factors. It does say that the state is not limited to the aggravating factors mentioned.

244.10 SENTENCING HEARING; DEVIATION FROM GUIDELINES.

https://www.revisor.mn.gov/statutes/cite/244.10

 

[Katerz]

I feel like we will have a verdict this evening. (It’s 6:12 am where I am).

 

[dixiegirl1035]

This link provides the statutory aggravating factors. It does say that the state is not limited to the aggravating factors mentioned.

244.10 SENTENCING HEARING; DEVIATION FROM GUIDELINES.

https://www.revisor.mn.gov/statutes/cite/244.10

Thanks. I thought I had seen that one aggravating factor was if the crime was cruel or in front of a child. But I don't see the "child" part anywhere in these aggravating factors, so perhaps I read/saw ?? somewhere? on threads? something that was incorrect or outdated? (I only see that for drug convictions)

 

[dixiegirl1035]

In the rabbit hole... ALL are VERY interesting readings at this time MOO

This was the state's original submission for upward sentencing - filed August 28, 2020, for FIVE aggravating factors... https://www.mncourts.gov/mncourtsgo...s/27-CR-20-12646/NoticebyAttorney08282020.pdf

State's proposed jury interrogatories - filed October 12, 2020, for aggravating factors (Moot now due to Blakely waiver, but of interest as the judge perhaps will have this train of thought when he decides vs the jury) https://www.mncourts.gov/mncourtsgo...-CR-20-12646/ProposedInstructions10122020.pdf

State Response to judge's request to expound on 2 of the aggravating factors - filed October 12, https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Briefs10122020.pdf ("At the September 11 hearing, the Court asked the State for additional briefing addressing the following questions: (i) Whether the particular vulnerability of the victim justifies an upward sentencing departure when the defendants are responsible for creating the victim’s vulnerability; and (ii) Whether a defendant’s abuse of a 2 position of authority supports an upward sentencing departure even if there is not a pre-existing relationship of trust between the defendant and the victim. ......")

COURT ORDER stating probable cause exists to submit all the interrogatories proposed by the State and that State can argue all 5 aggravating factors at sentencing . https://www.mncourts.gov/mncourtsgo...Cases/27-CR-20-12646/BlakelyOrder01262021.pdf


ETA List of aggravating factors listed by State to the court above:

1. George Floyd, the victim, was particularly vulnerable because officers had already handcuffed him behind his back and then placed him chest down on the pavement, and Mr. Floyd clearly and repeatedly told the officers he could not breathe. Minn. Sent. Guidelines 2.D.3.b(1); State v. Givens, 544 N.W.2d 774, 776 (Minn. 1996).

2. Mr. Floyd was treated with particular cruelty. Despite Mr. Floyd’s pleas that he could not breathe and was going to die, as well as the pleas of eyewitnesses for Defendant to get off Mr. Floyd and help him, Defendant and his codefendants continued to restrain Mr. Floyd. Defendant kept his knee on Mr. Floyd’s neck to hold him prone on the ground for approximately nine minutes, during at least four minutes of which Mr. Floyd was motionless. This maneuver inflicted gratuitous pain on Mr. Floyd. Those eyewitnesses, of whose presence Defendant was aware, had to watch Mr. Floyd die. Defendant also did not provide Mr. Floyd with any medical assistance and discouraged the efforts of others to provide such assistance. Minn. Sent. Guidelines 2.D.3.b(2); State v. Hicks, 864 N.W.2d 153, 159-60 (Minn. 2015); Tucker v. State, 799 N.W.2d 583, 587-99 (Minn. 2011); State v. Smith, 541 N.W.2d 584, 590 (Minn. 1996); State v. Harwell, 515 N.W.2d 105, 109 (Minn. Ct. App. 1994).

3. Defendant abused a position of authority, as he was a licensed police officer in full uniform who, in conjunction with other officers, took full custody of Mr. Floyd. State v. Lee, 494 N.W.2d 475, 482 (Minn. 1992).

4. Defendant committed the crime as part of a group of three or more offenders who all actively participated in the crime. Minn. Sent. Guidelines 2.D.3.b.(10).

5. Defendant committed the crime in the presence of multiple children, and Defendant’s criminal conduct was witnessed by children. Minn. Sent. Guidelines 2.D.3.b(13); State v. Profit, 323 N.W.2d 34, 36 (Minn. 1982).

Again, thanks @SouthAussie for the link so I stayed in that rabbit hole until I found more of what I was looking for. So much easier to do such help with others in the am

 

[kittythehare]

Thanks. I thought I had seen that one aggravating factor was if the crime was cruel or in front of a child. But I don't see the "child" part anywhere in these aggravating factors, so perhaps I read/saw ?? somewhere? on threads? something that was incorrect or outdated? (I only see that for drug convictions)

I saw it yesterday, I thought I saw it on Mary Moriarty's Twitter a/c, searching now again and cannot see it..

 

[SouthAussie]

There is also a link here about the aggravating factors that the prosecution is citing ....


Prosecutors are seeking a sentence that goes above the guideline range. They cited several aggravating factors, including that Floyd was particularly vulnerable, that Chauvin was a uniformed police officer acting in a position of authority, and his alleged crime was witnessed by multiple children including a 9-year-old girl who testified that watching the restraint made her “sad and kind of mad.”

Chauvin has waived his right to have a jury decide if aggravating factors exist. So if he is convicted, Judge Peter Cahill will make that decision and would sentence Chauvin at a later date. In Minnesota, defendants typically serve two-thirds of their penalty in prison, with the rest on parole.
Derek Chauvin trial: jury begins deliberations over killing of George Floyd – as it happened

 

[GarAndTeed]

@Sillybilly is it possible to have a sidebar thread?

 

[SouthAussie]

Here is a pic of Minneapolis high school students sitting in silence as yesterday's closing arguments were happening.



Derek Chauvin trial: jury begins deliberations over killing of George Floyd – as it happened

 

[SouthAussie]

Now, the jury will be required to stay in a hotel until a verdict is reached. Each day, jurors will deliberate until the early evening. They won't have their phones or electronic devices with them

"Because this jury is being sequestered, they are in effect going into a bubble" ........ "Completely isolated from the rest of the world."

.... jurors will also be escorted everywhere by sheriff's deputies, who will make sure they're safe and that no one has contact with them.

"That's going to extend to their hotel. The sheriff's deputies are going to be present and make sure that they're not leaving, that they're not having any communications with the outside world. It's a very strange, twilight zone-like existence for these jurors"

What does it mean to sequester a jury? | kare11.com

 

[Inthedetails]

I am hopeful for a verdict today, but also hope that if it comes later in the day, the jury sits on it until the next morning.

jmo

 

[kkdj]

I'm anxious about the verdict but want them to take their time and get this right.

 

[Bravo]

I predict a verdict sometime this week and likely when I am away from here/telly etc.

 

[dixiegirl1035]

I am hopeful for a verdict today, but also hope that if it comes later in the day, the jury sits on it until the next morning.

jmo

From earlier polls here even at WS, 10% think not guilty on any of the three charges IIRC.

I cannot FATHOM that 100% would agree on all 3 charges on first go around.

Think about it. If one person thinks NO on any one charge today, and 11 think YES.. does it make sense that that would be presented to a court judge as final that they are hung on a charge within ONE day?

I think not MOO

I would hope that they take time, and will get an Allen charge in the least if they did such so quickly that they are hung. MOO

I'm looking to Thursday, Friday at the soonest. MOO

 

[turaj]

The million $$ question after verdict is whether one or more of these jurors will take money for interviews or write a book? My bet is yes. Having listened to voir dire there were some that wanted to be on the jury...it was pretty obvious. It is a life changing event and some seemed ready for that.