George Floyd death / Derek Chauvin trial - Sidebar week 1

[Soulmagent]

Do you mean right to a speedy trial? Covid is delaying trials, but this case made it to trial in 10 months.

No , I mean everyone's right to a public trial. What is the legal definition of public trial? Does a private news production count as public? Does a live steam on internet count as public ,because internet service is a private provider.. I just have a lot of questions that i feel i should not take the answers for granted. I need to read the link post above about the rules of DC's trial ,but i feel like nationwide we could have some issues. One trial recently in Wisconsin I saw the last 2 days of proceedings, gave me a bit of pause as too what i saw on live stream and how one camera angle could change the entire public view even though it may have been a biased angle.

 

[SouthAussie]

I think the divorce was a financial move to keep the assets of the marriage in case of civil cases. He signed all assets over to her.

Fortunately, that divorce agreement was not allowed to stand. The ruling judge said it was a possible fraudulent move - given that Chauvin could lose everything in the lawsuit against him for George's killing. That agreement was nixxed in October.

It sounds as if the new agreement that was drawn up may have been allowed to go through - even though they are keeping the details 'secret'.


According to a second December divorce proposal - that came after the initial October one - Kellie Chauvin's share of marital assets was $658,461, while Derek Chauvin's share was an $8,862 debt.

Non-marital assets, money and property that were earned before marriage are normally awarded to the earner. Derek Chauvin's non-marital award was $429,630. Kellie Chauvin's share, meanwhile, was $45,256.

The agreement would see Kellie Chauvin would receive $754,911 from Derek Chauvin's pension and three of his other bank accounts, while her husband would receive $452,524 in nonmarital assets from the same accounts.

Newer article:
George Floyd: Derek Chauvin finalises divorce from his wife under secret terms | Daily Mail Online

Older article:
Derek Chauvin and wife Kellie ordered to make divorce files public | Daily Mail Online

 

[RANCH]

The murder trial of Derek Chauvin is not the first time a Minneapolis police officer has gotten into trouble for using force on a handcuffed suspect.

In 2017, an MPD cop was convicted of assault and sentenced to six months in the county workhouse after he shattered a suspect's jaw with a kick during an arrest. The year before, two officers were caught on camera punching a handcuffed, and apparently intoxicated man. In the latter case, both were fired, but later won their jobs back through arbitration. The trend isn't recent. More than 23 years ago the city paid a nearly $54,000 settlement to a man after he was punched and kicked by an officer who later pleaded guilty to federal charges in the incident.

A Star Tribune review of news reports and court records found at least 11 instances since 1995 of Minneapolis officers accused of punching, kicking, or otherwise assaulting people who were restrained. It's unknown how many actual instances there are, since not every case may attract media attention or result in lawsuits or criminal charges.

While in several cases officers were terminated, only two had been charged for their conduct before Chauvin.
Chauvin case shines spotlight on Minneapolis police history of mistreatment of handcuffed suspects

Was Chauvin involved in any of the cases that are mentioned in this post?

Will any of these other cases be part of this trial?

 

[Lilibet]

Was Chauvin involved in any of the cases that are mentioned in this post?

Will any of these other cases be part of this trial?

ETA (clarification requested by OP): No and no. The referenced article was about Minneapolis police who have received minimal consequences for their behavior. As I mentioned on an earlier thread, Chauvin could have felt emboldened by this. As a matter of fact...

He has 22 various cases/complaints of his own, only one of which had consequences for him. One will be allowed at the trial...

Last week, a judge in Minnesota ruled that prosecutors could present the details of her 2017 arrest in their case against the former officer, who was charged with second-degree unintentional murder in Floyd’s death.

Code’s case was one of six arrests as far back as 2015 that the Minnesota attorney general’s office sought to introduce, arguing that they showed how Chauvin was using excessive force when he restrained people by their necks or by kneeling on top of them — just as he did in arresting Floyd. Police records show that Chauvin was never formally reprimanded for any of these incidents, even though at least two of those arrested said they had filed formal complaints.

Of the six people arrested, two were Black, one was Latino and one was Native American. The race of two others was not included in the arrest reports that reporters examined.

Discussing the encounters publicly for the first time in interviews with The Marshall Project, three people who were arrested by Chauvin and a witness in a fourth incident described him as an unusually rough officer who was quick to use force and callous about their pain.

The people Derek Chauvin choked before George Floyd

 

[Marysmith]

Fortunately, that divorce agreement was not allowed to stand. The ruling judge said it was a possible fraudulent move - given that Chauvin could lose everything in the lawsuit against him for George's killing. That agreement was nixxed in October.

It sounds as if the new agreement that was drawn up may have been allowed to go through - even though they are keeping the details 'secret'.


According to a second December divorce proposal - that came after the initial October one - Kellie Chauvin's share of marital assets was $658,461, while Derek Chauvin's share was an $8,862 debt.

Non-marital assets, money and property that were earned before marriage are normally awarded to the earner. Derek Chauvin's non-marital award was $429,630. Kellie Chauvin's share, meanwhile, was $45,256.

The agreement would see Kellie Chauvin would receive $754,911 from Derek Chauvin's pension and three of his other bank accounts, while her husband would receive $452,524 in nonmarital assets from the same accounts.

Newer article:
George Floyd: Derek Chauvin finalises divorce from his wife under secret terms | Daily Mail Online

Older article:
Derek Chauvin and wife Kellie ordered to make divorce files public | Daily Mail Online

I’m amazed at their assets really. JMO.

 

[RANCH]

He has 22 various cases/complaints of his own, only one of which had consequences for him. One will be allowed at the trial...

Last week, a judge in Minnesota ruled that prosecutors could present the details of her 2017 arrest in their case against the former officer, who was charged with second-degree unintentional murder in Floyd’s death.

Code’s case was one of six arrests as far back as 2015 that the Minnesota attorney general’s office sought to introduce, arguing that they showed how Chauvin was using excessive force when he restrained people by their necks or by kneeling on top of them — just as he did in arresting Floyd. Police records show that Chauvin was never formally reprimanded for any of these incidents, even though at least two of those arrested said they had filed formal complaints.

Of the six people arrested, two were Black, one was Latino and one was Native American. The race of two others was not included in the arrest reports that reporters examined.

Discussing the encounters publicly for the first time in interviews with The Marshall Project, three people who were arrested by Chauvin and a witness in a fourth incident described him as an unusually rough officer who was quick to use force and callous about their pain.

The people Derek Chauvin choked before George Floyd

So your answer to my questions is no.

 

[Lilibet]

I don’t recall reading this article about Chauvin in the NYT before. Interesting and sad insights into his life and personality. (Apologies if it’s behind a paywall)

Officer Who Pressed His Knee on George Floyd’s Neck Drew Scrutiny Long Before

Mr. Chauvin, his lawyer and family members have declined to talk to The Times. Yet dozens of interviews with acquaintances depict a police officer who seemed to operate at an emotional distance from those around him. Mr. Chauvin was a quiet and rigid workaholic with poor people skills and a tendency to overreact — with intoxicated people, especially — when a less aggressive stance might have led to a better outcome, interviews show.

He was awkward. Other officers often didn’t like him or didn’t know him. He didn’t go to parties and didn’t seem to have many friends. Some neighbors knew so little about him that they didn’t even know he was a police officer until after his arrest.

 

[Lilibet]

So your answer to my questions is no.

Correct. See ETA on my original response.

 

[RANCH]

Correct. See ETA on my original response.

That's what I thought. Your post is about something other than what my questions addressed and the OP is about cases that do not involve Chauvin.

 

[MajorHoople]

Next witness:

Lt Zimmerman is up

Detective Zimmerman is already something of a media celebrity, although I'm not sure celebrity is the right word.

He was one of the Minneapolis homicide detectives featured in several episodes of the A&E television show, The First 48.

Here's a snippet of his A&E biography.

"Zimmerman describes interviewing suspects as not only “the best part of homicide,” but also an integral part of his job. “Over the years I’ve seen a few guys come in and out of homicide. And the ones that stay, the ones that are good, I think can relate to people. They feel comfortable talking to folks. They’re not a Joe Friday kind of guy."

Minneapolis, MN - The First 48 Cast | A&E

 

[Lilibet]

That's what I thought. Your post is about something other than what my questions addressed and the OP is about cases that do not involve Chauvin.

So sorry. I thought you (or others) might be interested.

 

[MsBetsy]

That's what I thought. Your post is about something other than what my questions addressed and the OP is about cases that do not involve Chauvin.

From what I understand, only one of the cases showing Chauvin's history of using excessive force, specifically kneeling on someone's neck or back, will be allowed in court. Both he and his partner have a history of aggressive behavior.

Thao was the subject in an excessive force lawsuit in 2017 when he assaulted a man, causing broken teeth, bruising and trauma.

 

[Lilibet]

Chauvin agreed to a plea deal where he'd plead guilty to third degree murder just a few days after Floyd's death, but Attorney General Barr wouldn't allow it. This could have been over a long time ago.

Interesting. I missed the NYT report on this in February. For others who may have missed it, here’s a summary. I can understand why the Justice Department didn’t want to get involved with Chauvin’s offer since the investigation had barely begun and making deals like this may not have been appropriate at that point. It could have made things even worse in Minneapolis. My interpretation of the reporting is that Chauvin was trying to drive a beneficial bargain and exert control. JMO

Reports: Chauvin plea deal denied last year by then-Attorney General Barr | kare11.com

NBC News has confirmed a report that former Minneapolis police officer Derek Chauvin had offered to plead guilty to third-degree murder charges in the days after George Floyd's death, but the potential plea deal was rejected by then-Attorney General William Barr.
<snip>

Chauvin offered to plead guilty to third-degree murder and serve more than 10 years in prison because he "believed that the case against him was so devastating." Chauvin reportedly asked to serve the sentence in a federal prison, and wanted to avoid federal civil rights charges.

However, a former Justice Department official told NBC News that "both politically appointed and career Department of Justice officials had rejected the idea."

"His lawyers were trying to rush us, and we didn't want to be rushed," the official told NBC News.

According to the Times report, Attorney General Barr worried that such a plea deal so early in the investigation could be seen as too lenient.

BBM

 

[RANCH]

The murder trial of Derek Chauvin is not the first time a Minneapolis police officer has gotten into trouble for using force on a handcuffed suspect.

In 2017, an MPD cop was convicted of assault and sentenced to six months in the county workhouse after he shattered a suspect's jaw with a kick during an arrest. The year before, two officers were caught on camera punching a handcuffed, and apparently intoxicated man. In the latter case, both were fired, but later won their jobs back through arbitration. The trend isn't recent. More than 23 years ago the city paid a nearly $54,000 settlement to a man after he was punched and kicked by an officer who later pleaded guilty to federal charges in the incident.

A Star Tribune review of news reports and court records found at least 11 instances since 1995 of Minneapolis officers accused of punching, kicking, or otherwise assaulting people who were restrained. It's unknown how many actual instances there are, since not every case may attract media attention or result in lawsuits or criminal charges.

While in several cases officers were terminated, only two had been charged for their conduct before Chauvin.
Chauvin case shines spotlight on Minneapolis police history of mistreatment of handcuffed suspects

I'll try this again. Are any of the cases mentioned in this post directly related to this trial? Did Chauvin participate in any of the case's mentioned in this post?

If the answer is no, will these unrelated cases be allowed into this trial as evidence?

 

[sds71]

I'll try this again. Are any of the cases mentioned in this post directly related to this trial? Did Chauvin participate in any of the case's mentioned in this post?

If the answer is no, will these unrelated cases be allowed into this trial as evidence?

The reason I posted an article about MPD officers using force on handcuffed people is because DC is a MPD officer who used force on a handcuffed person.

Now one of the settlements linked in the article promised to train officers on the dangers of positional asphyxia. If DC never received that training I think that does relate to his trial. (MOO)

The article also mentions handcuffs not stopping someone from harming an officer.
I don’t know if Nelson is going to have an expert testify to that but I thought it related to this trial-MOO

I don’t know if DC was involved in any of the cases mentioned in the article and I also don’t know if any of the cases will be used as evidence in the trial or as a sentencing guideline.

 

[RANCH]

The reason I posted an article about MPD officers using force on handcuffed people is because DC is a MPD officer who used force on a handcuffed person.

Now one of the settlements linked in the article promised to train officers on the dangers of positional asphyxia. If DC never received that training I think that does relate to his trial. (MOO)

The article also mentions handcuffs not stopping someone from harming an officer.
I don’t know if Nelson is going to have an expert testify to that but I thought it related to this trial-MOO

I don’t know if DC was involved in any of the cases mentioned in the article and I also don’t know if any of the cases will be used as evidence in the trial or as a sentencing guideline.

I'm mainly interested in the cases that were in the body of your post and if Chauvin was involved with any of them. Looks like the answer is no. So those are unrelated to this trial. If I'm wrong please correct me.

The linked article does have information about excessive force by police in Minneapolis on handcuffed suspects not involved in this case. I would like to ask the moderators of this trial thread if this is something that can be explored by members during this trial.

How far from this particular case can we go in regards to excessive force by police in this trial thread?

 

[SouthAussie]

I'm mainly interested in the cases that were in the body of your post and if Chauvin was involved with any of them. Looks like the answer is no.

I don't know how any of us would know this. Unless we had access to police reports and files about the incidents.

 

[RANCH]

I don't know how any of us would know this. Unless we had access to police reports and files about the incidents.

So you think that he was possibly involved with all of the cases in that article and the author of the article either didn't care to check or didn't want to?

I don't think so.

Chauvin case shines spotlight on Minneapolis police history of mistreatment of handcuffed suspects

 

[sds71]

I don't know how any of us would know this. Unless we had access to police reports and files about the incidents.

So many redactions it’s hard to tell but some of the cases in the article were used in the lawsuit filed by the family

https://www.courthousenews.com/wp-content/uploads/2020/07/floyd-family.pdf

 

[Lilibet]

The linked article does have information about excessive force by police in Minneapolis on handcuffed suspects not involved in this case. I would like to ask the moderators of this trial thread if this is something that can be explored by members during this trial.
How far from this particular case can we go in regards to excessive force by police in this trial thread?

https://www.websleuths.com/forums/threads/mn-george-floyd-46-died-in-police-custody-minneapolis-25-may-2020-8-chauvin-trial-day-5.565622/#post-16727143

It’s always a good idea to check with mods, but I did get the sense from this post by @Sillybilly on page 1 that as long as we don’t derail the thread we can discuss issues that might have influenced the actions of Floyd or Chauvin. So IMO even though the article posted by @sds71 talks about cases unrelated to Chauvin, it paints a picture of the use of excessive force by LE in Minneapolis that could have influenced both men. It could create fear for Mr Floyd and a feeling in Chauvin that he could get away with excessive force because others had. And in fact, he himself had as the article I posted pointed out. But I’ll report this post and ask, just to be sure.