MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 *officers charged* #3

Discussion in 'Trials' started by Tippy Lynn, May 26, 2020.

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  1. Chelly

    Chelly Well-Known Member

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    @cathyrusson
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    7m

    #DerekChauvinTrial - PJ 73 on financial hardship if he served, he said it wouldn't be devastating but it would hurt. He's in real estate.
     
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  2. Chelly

    Chelly Well-Known Member

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    @cathyrusson
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    #DerekChauvinTrial - Nelson has PJ 73 clarify what he said about believing police officer over a bystander. He meant when it came to policing policy, use of force, etc...testimony.
     
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  3. Chelly

    Chelly Well-Known Member

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  4. Chelly

    Chelly Well-Known Member

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    Court in recess for the day
     
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  5. oceanblueeyes

    oceanblueeyes Well-Known Member

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    Thank you so much for your reply.

    Wow, I really have missed a lot of pertinent information. I had no idea.

    Hopefully I'll have some time to read more details before the trial begins.

    Jmho
     
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  6. In vino veritas

    In vino veritas Well-Known Member

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    https://www.hennepin.us/-/media/hen...lic-safety/documents/floyd-autopsy-6-3-20.pdf

    Having read this report, and watched the full body cam video of the arrest, showing the extent of George Floyd’s resisting, I would have a difficult time convicting DC of any of the murder charges. Of course, I do not have access to all the facts and evidence, but IMO , I think Criminal Negligence would have had a better chance of conviction.
     
    Last edited: Mar 16, 2021
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  7. dixiegirl1035

    dixiegirl1035 I will do it, but I won't like it

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  8. mom2chloe

    mom2chloe Well-Known Member

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    It’s also worth mentioning IMO that GF tested positive for marijuana, methamphetamine and fentanyl.
    Anyone have a link for the full body cam video? TIA! I’m sure OBE would also like to review that video too.
    This is a nightmare that gets worse every passing day. People are afraid for their lives over sitting on this jury. Scary times we are living in. Hard to even fathom what justice means right now. Zero winners and an abundance of loss with more to come. IMO
     
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  9. turaj

    turaj Well-Known Member

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    it really concerns me when pj come in and say they want to facilitate justice...that to me is an automatic pass.
     
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  10. turaj

    turaj Well-Known Member

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    any opinions on re-questioning the 7 jurors seated prior to the 27M settlement? It will make them think that this has an impact on the case and after having been seated not sure they will be quick to say much. I don't think we will get to hear that questioning...video with judge only I think.
     
  11. In vino veritas

    In vino veritas Well-Known Member

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    Two of those seven seemed very eager to serve on the jury. I am guessing they, at least, will claim that the settlement announcement will have no bearing on their ability to be impartial.
    Hard to say how the others might respond.
     
  12. al66pine

    al66pine Well-Known Member

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    Number of Peremptory Challenges?
    Someone (not sure who, was that you @SouthAussie?) asked -
    Why does criminal defendant in MN receive more peremptory strikes than prosecutor?

    "Historically, criminal defendants received a greater number of peremptory challenges than the State because the defendant’s interest in a trial free from bias outweighed the State’s interest in procuring a conviction."*

    More re "Jury Selection" & peremptory strikes & objections, Rule 26.02, subdiv 6 & 7.**
    ___________________________________________
    * Page 11."In Minnesota, parties have a statutory entitlement to peremptory challenges.75 In criminal cases, the defendant receives five and the State receives three challenges, unless the potential penalty is life imprisonment, in which case the defendant gets fifteen and the State nine."
    Rule may have been amended since article was written by a J.D. Candidate 2010 at U of MN. Law School.
    https://www.minnesotalawreview.org/wp-content/uploads/2011/04/Frank_MLR.pdf


    ** "Subd. 6.Peremptory Challenges.
    "In cases punishable by life imprisonment the defendant has 15 peremptory challenges and the prosecutor has nine. For any other offense, the defendant has five peremptory challenges and the prosecutor has three. In cases with more than one defendant, the court may allow the defendants additional peremptory challenges and permit them to be exercised separately or jointly. The prosecutor's peremptory challenges must be correspondingly increased. All peremptory challenges must be exercised out of the hearing of the jury panel."
    ^ MINN. R. CRIM. P. 26.02 subdiv. 6 (amended, effective July 1, 2015).
     
    Last edited: Mar 16, 2021
  13. JerseyGirl

    JerseyGirl Forum Coordinator Staff Member Forum Coordinators

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    Defense attorney Eric Nelson argued that new evidence makes the earlier arrest admissible: Drugs were found last December during a second search of the car Floyd was in, and were found in a January search of the squad car into which the four officers attempted to put Floyd.

    He also argued the similarities between the encounters are relevant: Both times, as officers drew their guns and struggled to get Floyd out of the car, he called out for his mother, claimed he had been shot before and cried, and put what appeared to be pills in his mouth. Both searches turned up drugs in the cars. Officers noticed a white residue outside his mouth both times, although that has not been explained.

    In the first arrest, several opioid pills and cocaine were found. An autopsy showed Floyd had fentanyl and methamphetamine in his system when he died.

    “The similarities are incredible. The exact same behavior in two incidents, almost one year apart,” Nelson said.

    Paramedics who examined Floyd in 2019 warned him that his blood pressure was dangerously high, putting him at risk for a heart attack or stroke, and took him to a hospital for examination. Nelson argued that shows Floyd knew that swallowing drugs might result in going to the hospital rather than jail.

    Battle over Floyd's 2019 arrest highlights key trial issue

    But prosecutor Matthew Frank argued that evidence from the 2019 arrest was prejudicial. He said the defense wants it as a backdoor way of depicting Floyd as a bad person. He called it “the desperation of the defense to smear Mr. Floyd’s character, to show that what he struggled with an opiate addiction like so many Americans do, is really evidence of bad character.”

    And he argued that the only relevant thing in Floyd’s death is how he was handled by Chauvin and the other officers.

    “What these officers were dealing with is what they were responsible for,” Frank said. “What is relevant to this case is what they knew at the scene at this time.”

    Cahill said he would stop the defense “very quickly” from suggesting at trial that Floyd didn’t deserve sympathy because he used drugs.

    “You don’t just dirty up someone who has died in these circumstances as a defense,” he said. But he said he would weigh the defense’s argument that alleged drug use during the 2019 arrest that led to “a hypertensive emergency” is relevant to what may have caused Floyd’s death in 2020.

    “I think that’s, that’s the only relevance I see,” Cahill said.

    Cahill said he would rule on the request Thursday.
     
  14. JerseyGirl

    JerseyGirl Forum Coordinator Staff Member Forum Coordinators

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    Judge Cahill said he would question seven of the nine jurors seated in the case via Zoom on Wednesday morning as he weighs requests from Chauvin’s attorney to delay the case and reconsider a change-of-venue motion because of publicity related to the settlement.

    Cahill told the attorneys he expected to interview jurors for about five minutes apiece.

    The judge indicated the jurors will be under oath and that only he will question them. While parties in the case will be allowed on the Zoom, only audio, not video, will be broadcast to the public.

    Cahill said he regarded news of the settlement as “problematic, but less problematic” than other recent news coverage, including reports that Chauvin had agreed to plead guilty to third-degree murder days after Floyd’s death but that the deal was rejected by then-Attorney General William P. Barr.

    https://www.google.com/amp/s/www.washingtonpost.com/nation/2021/03/16/derek-chauvin-murder-trial/?outputType=amp
     
    Last edited: Mar 16, 2021
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  15. turaj

    turaj Well-Known Member

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    I too regard that plea deal information something that if I were asked to serve on the jury I could not set aside. Not that long after the event he was willing to admit guilt with potential of 10 years in prison. I mean what does that tell you. I could never serve on this jury knowing that.
     
  16. mickey2942

    mickey2942 Well-Known Member

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    George Floyd's prior behavior has to be taken in consideration. Along with his previous incarceration, and the criminal acts that resulted in the prison sentence.

    That may be why Chauvin was so assertive, he considered Floyd extremely dangerous, given his large size, and violent criminal history.
     
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  17. jennieohhh

    jennieohhh Well-Known Member

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    Imo, for the prosecutor to state the defense wants to use the video of a 2019 arrest, to smear Mr. Floyd’s character does not make sense to me. GF was practically sanctified, idolized by the media, murals were painted with GF face in many cities all around the world doesn't really match their concern unless if the video of the 2019 arrest really does matter, which i think it does.
     
  18. Niner

    Niner Long time Websleuther

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    Wednesday, March 17th:
    *Trial continues with Jury Selection (Day 7) (Motions hearing @ 8:45am & jury selection @ 9am CT) - MN – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) - *Derek Michael Chauvin (44) 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 & 30 seconds) (& non responsive for 2 minutes & 53 seconds before officer took his knee off his neck; from 8:19pm to 8:27pm 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 could run through March 26, 2021. Opening statements & the commencement of the State’s case will begin no earlier than March 29, 2021. Experts anticipate the trial could last 2-4 weeks. Jurors: 12 & 2 alternates. Jurors will be sequestered during deliberations. None of the other officers will be testifying at Chauvin’s trial.
    Jurors seated as of 3/15/21: 1) Juror #2: White man in his 20s. 2) Juror #9: Multi-racial woman in her 20s. 3) Juror #19: White man in his 30s. 4) Juror #20: White man in his late 30s. 5) Juror #27: Black man in his 30s. 6) Juror #36: Hispanic man in his 20s. 7) Juror #44: White woman in her 50s. 8) Juror #52: Black man in his 30s. 9) Juror #55: White woman in her 50s. 6-men/3-women.

    Bond conditions & court info & jury selection (3/9 thru 3/12) from 12/19/20 thru 3/12/21 reference post #453 here:
    MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 *officers charged* #3

    3/15/21 Monday, Day 5 of Jury Selection: Motions: Both sides discussing forensic psychiatrist expert testimony. What doctor can talk about in watching Floyd's behavior during the video. Anxiety? Claustrophobia? PTSD? What was going thru Floyd's mind? Judge rules expert can use language to effective explain the behavior was "consistent w/ .." Defense Attorney Eric Nelson tells court he is "gravely concerned" about Minneapolis $27M settlement. Worried about tainting jury pool. Nelson asks Judge Cahill for continuance & a change of venue. Nelson wants to know whose idea it was to release details of record $27M settlement. "Goes straight to heart of pretrial publicity," says Nelson. Also asking to re-question the 7 seated jurors. Prosecutors say there are some things they can control, other things it can't control including civil aspect of the Floyd case, the Minneapolis City council & the news cycle. Judge Cahill says he will NOT add extra jury selection strikes following bombshell announcement of $27M Minneapolis settlement. But says he is taking a trial delay motion "under advisement." Judge said he will call back the seated 7 jurors at some point & question about the publicity of the $27M settlement, but suggested he would do so closer to the date of opening statements. Jury selection continues: Juror #51 - Dismissed for cause by Judge, female. Juror #52 - Selected, black male. Juror #53 - Dismissed on 3/8. Juror #54 – Dismissed by Judge, male. Juror #55 - Selected, female. Juror #56 – Dismissed by Judge, male. Juror #57 - Dismissed on 3/8. Juror #58 - Dismissed on 3/8. Juror #59 – Dismissed by Judge, male. Juror #60 – Dismissed by Defense, male. Juror #61 – Dismissed on 3/8. Juror #62 – Dismissed by Judge, male. State has used 5/9 strikes & defense has used 9/15. Jury selection continues on 3/16/21 with 5 new jurors tomorrow morning & 4 tomorrow afternoon. Motions arguments at 8am & jury selection continues at 9am.
    3/16/21 Tuesday, Day 6 of Jury Selection: Motions: Chauvin trial will argue again over evidence from the May 6, 2019 arrest of Floyd, to allow the body cam video. So far Judge Cahill has said no after watching the police body cameras, ruling that it is not relevant. "What caused Mr. Floyd's death is a principle issue," Defense attorney Eric Nelson says. Judge Cahill seems more willing to listen to the evidence of Floyd's vitals-taken by 2019 paramedic-to see what his vitals were after taking large amount of drugs. Nelson wants to use the 2019 arrest to counter the prosecution's plans to use a forensic psychiatrist's testimony that will say Floyd's behavior was consistent with anxiety & claustrophobia. Prosecutor Matthew Frank argues that if the defense wants to use the incident to show Floyd ingested drugs, that's not needed because they already have toxicology report to show that. They already have (2nd) search of Floyd's car to show drugs in there as well as search of police car. Frank argues the probative value is outweighed by prejudicial nature of bringing in the evidence. Judge Cahill agrees on parts but is still asking about the parts that might be relevant to the defense's cause of death argument. Judge Cahill is taking this under advisement & will review new FBI document the State provided to defense in discovery earlier this month. Judge Cahill will not decide immediately (possibly tomorrow) whether this evidence can be included in the trial. Defense: believes they asked for a full sequestration of the jurors during trial. Judge: At this point then, it is denied as well. Jury Selection continues: Juror #63 – Dismissed by Judge for cause, female. Juror #64 – Dismissed by Judge for cause, male. Juror #65 - Dismissed on 3/8. Juror #66 – Dismissed by Judge for hardship, female. Juror #67 – Dismissed by Defense, male. Juror #68 – Dismissed on 3/8. Juror #69 – Dimissed by defense, male. Judge: They will talk to the 7 jurors from last week tomorrow morning via Zoom. Defense wants a strike back for having to dismiss Juror #69 when he had knowledge of settlement. State fiercely opposes. Judge Cahill will NOT reinstate a strike for defense. Reiterates he will not hesitate to dismiss prospective jurors for cause moving forward if they come into court with knowledge of prejudicial pretrial publicity inc $27M settlement & failed murder-3 plea negotiations that leaked. Spc. Asst. A.G. Steve Schleicher says 329 potential jurors have been identified in this case. Juror #70 – Dismissed on 3/8. Juror #71 – Dismissed by Judge for case, male. Now only 3 potential jurors for the afternoon; the 4th one called in sobbing that she couldn’t do this. Juror #72 – Dismissed on 3/8. Jurors #73 – Dismissed by Judge, male. Court is adjourned for the day. Strikes: State 5/9 & Defense 11/15. Judge Cahill said he would question seven of the nine jurors seated in the case via Zoom on Wednesday morning as he weighs requests from Chauvin’s attorney to delay the case & reconsider a change-of-venue motion because of publicity related to the settlement. Judge Cahill told the attorneys he expected to interview jurors for about five minutes apiece. The judge indicated the jurors will be under oath & that only he will question them. While parties in the case will be allowed on the Zoom, only audio, not video, will be broadcast to the public. Jury selection continues on 3/17/21 at 8:45am when the Judge will question the 7 jurors first seated via zoom on knowledge of settlement. Judge says he plans to rule on the admissibility of Floyd's May 2019 arrest video on Thursday morning.

    *Charged (7/22/20) with 6 counts of aiding & abetting taxes-false or fraudulent returns-filed with commissioner & 3 counts aiding & abetting taxes-failure to file return, report, document. – Omnibus hearing on 6/30/21.
     
  19. dixiegirl1035

    dixiegirl1035 I will do it, but I won't like it

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    8:47 am - Minneapolis

    Just on record now as I was typing!

    Judge is saying media is trying to look and document lawyers info on counsel tables. Secondly media is reporting in detail on security and he says is irresponsible and if continues he will shut down media. Will be met with sanctions if continues, and asks all media to take down such. Or they will be met with sanctions.

    HE IS MAD


    I'll do ETA's on ALL jurors being called this am (assume will fit into edit time of 60 minutes) re the "extensive coverage of civil lawsuit"

    #2 - His fiance said something in news, so he is completely avoided and not watching news and hasn't seen any new news. He continues, not kicked.

    #36 - He did get exposed to settlement. He saw "large amount of money.. over 20 million" As to being impartial, "it will impact me a lot" as to opinions as city confirmed opinions he already had. Judge releases him for cause/removed

    #9 -She is not aware of any media recently. She continues, not kicked. Judge is suggesting to avoid all news. She ends with "awesome", when judge says see you in court.

    #19 - He has not seen anything in media. Judge again asks to stay away from news in general, and will see him on March 29th.

    #20 - He did see headline. Headline was city agreed for "in 20 million dollar range". He saw headline and did not read article. As to impact him... he would say that dollar amount was shocking and that the city thought something was wrong... that sticker price shocked me and "swayed me. If was lower, would not have." Judge: Did it move you off the fair and impartial, the judge asks. He answers his gut reaction was high amount. He is excused by the judge.

    Now down to 7 jurors..............................

    #27 - He heard on radio heading to gym. Judge: How does that affect your ability to do fair and impartial. "It hasn't affected me at all as I don't know the details". Judge says to him that it won't be part of the trial. etc etc. He says he can put aside, and says we will see you on March 29th

    #44 - She did see headline of 27 million. re influence... "I don't think so, it's not surprising.. she was surprised as she thought civil suit followed a trial" The city didn't see facts, they made the decision prior. Judge states that political could be an influence (whoa, this is gonna be appeal stuff for defense???) Much more I missed typing. She is saying has nothing to do with case and she has thought about it. She can disregard. Judge gives disclaimer about "best to avoid all media coverage". Will see you on March 29th.

    ZOOOOOOOOOOOOOOOOM ended. #36 and #20 have been kicked.

    7 jurors remaining. Judge states that remaining can stay. State wanted more clarification on #44... (to avoid appeal?)... as to judges opinion on why kept.

    Judge also gave a timeline up to next Monday on the Dr. testimony etc etc...

    10 minute Break till 25 after the hour.. then off to next group.

     
    Last edited: Mar 17, 2021
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  20. angelainwi

    angelainwi Certified Trauma Counselor

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    Court was scheduled to begin at 8:45am CST this morning, so we are NOW on the record!
     
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