Derek Chauvin trial: The murder of George Floyd

[neonzx]

I hear Chauvin's asking for time served or something like that?

[somerset]

Hopefully someone airs it live. I hear Chauvin's asking for time served or something like that?

His attorney asked, and as as FRP posted upthread:

I don't understand that position by Chauvin's lawyer. I tell all my clients when I'm going to make a sentencing recommendation that it's in their interests for me to make a recommendation that doesn't make the judge laugh in my face. Apparently Eric Nelson doesn't believe in that philosophy.

viewtopic.php?p=22883#p22883

On a related note, I think Chauvin's motion for a new trial based on jury misconduct is still pending. Is it normal to go ahead with sentencing even when a motion like this hasn't been decided?

[bob]

On a related note, I think Chauvin's motion for a new trial based on jury misconduct is still pending. Is it normal to go ahead with sentencing even when a motion like this hasn't been decided?

It may not be "normal," but it also isn't abnormal.

In theory, it gives the parties more information to think about their future actions. (But in this case in particular, and murder cases more generally, these strategic considerations play less of a factor.)

[LM K]

Chauvin's sentencing motion is disgusting.

1. Chauvin will die earlier than expected if he is sentenced to prison!!

And cops don't do well in prison!

IMG_24062021_141444_(900_x_900_pixel).jpg (192.7 KiB) Viewed 2787 times

2. There's no evidence that Chauvin caused "substantial gratuitous pain" to Floyd. (Hmmm. Did the lawyer forget the multiple witnesses that state that Chauvin caused substantial pain for Floyd until Floyd died? Did the lawyer forget that Chauvin continues to use several known pain techniques even after Floyd lost consciousness?)

Oh, and the assault occurred over "a very short period of time"

And hey, the officers called EMTs! That certainly must mitigate any cruelty!

Judge, Chauvin's actions weren't that bad!!

IMG_24062021_141615_(900_x_900_pixel).jpg (181.74 KiB) Viewed 2787 times

3. This assault occurred only in front of a bystander child. It's not like this happened in a home!!

Screenshot_20210624-135215~2.png (478.04 KiB) Viewed 2787 times

Thus, Chauvin should be sentenced to time served and maybe probation. Chauvin is willing to have probation!!

[slq]

With regard to that last bit posted about the presence of children, I think defense counsel intended to day "should NOT be considered . . ." Bad typo.

[LM K]

Sentencing is at 1:30 pm, CDT. It will be livestreamed.

Derek Chauvin, the former police officer convicted of murdering George Floyd, faces what is expected to at least be a 12-year prison term on Friday when he will be formally sentenced to at the Hennepin County courthouse in downtown Minneapolis.

Proceedings are expected to begin at 1:30 p.m. CST and will be livestreamed.

Following a monthlong trial that was the highest-profile criminal case in recent memory, Chauvin in April was found guilty of all three criminal counts he was facing — second-degree murder, third-degree murder and second-degree manslaughter.

Here are some things to know and watch for.

How sentencing works in Minnesota

Sentencing guidelines for federal crimes are uniform, but outside of that, states have the purview to set their own guidelines.

Minnesota’s sentencing guidelines take a couple of factors into consideration, including the defendant’s prior criminal history and the severity of the sentence.

Additionally, even though the former Minneapolis cop was convicted of three charges, since those charges all stemmed from the same action — killing Floyd — the length of the sentence will correlate to the guidelines for his most serious crime, unintentional second-degree murder.

Per state guidelines, the maximum sentence for unintentional murder in the second degree is 40 years, but because Chauvin has no previous criminal record, the presumptive sentence is 12.5 years.

The only other Minnesota cop ever to be convicted of murder was Mohamed Noor, who was convicted of second-degree manslaughter and third-degree murder in April 2019, received a sentence of that length.

Judges in the state, however, are given the discretion to sentence within a certain range that’s provided by the guidelines. In this case, that range is 10.67 years to 15 years.

That said, Chauvin’s sentencing is more complicated than that.

Prosecutors are allowed to ask the judge to go outside of this range and increase a defendant’s sentence because of aggravating factors, characteristics of the crime that warrant a harsher term.

At the end of April, head prosecutor Minnesota Attorney General Keith Ellison (D) filed a motion, citing five aggravating factors for which Chauvin’s sentence should be elongated.

Hennepin County District Judge Peter Cahill concurred with Ellison and his team in a ruling, agreeing with four of the five factors that prosecutors listed.

Cahill concluded that Chauvin abused his “position of trust and authority” as a police officer and displayed “particular cruelty” when he knelt on Floyd’s neck for more than nine minutes, killing him.

Now the judge has the “discretion to utilize that information to increase the sentence,” Mitchell, who is also the chair of the state’s Sentencing Guidelines Commission, explained.

What legal experts are saying

The amount that a judge can increase a sentence does have limits, at least to a certain extent.

“The Supreme Court in Minnesota has said, you know, usually, you shouldn't impose a sentence that's more than double the presumptive sentence under the guidelines, but there might be rare instances where the case is severe enough that more than double the sentence would be appropriate,” Mitchell said.

“The judge would be well within his rights to impose that sentence, but he could theoretically get all the way up to the [statutory maximum] which is 40 years.”

At the beginning of the month, Ellison filed another motion with the court, this time asking that Cahill sentence Chauvin to 30 years, which is double the top of the presumptive range.

There’s a good chance that Chauvin's sentence falls between 15 and 30 years, attorney Christopher E. Brown, an expert in excessive force cases, told The Hill.

Brown likened Cahill’s position to that of a mediator in federal court whose decision leaves both sides wanting more.

“If [Cahill] can explain [his decision] in a way that makes the community feel like he should have gotten more and Chauvin and his defense team, and the law enforcement community as a whole, feel like he should have gotten a little bit less,” Brown said, “then he might find that sweet spot where it's going to allow the community and police departments across the country to move forward, and we can get some progress on these issues.”

[Kendra]

If anyone sees where it's being livestreamed, would appreciate a mention here.

[sugar magnolia]

If anyone sees where it's being livestreamed, would appreciate a mention here.

HLN was advertising it last night. We get HLN broadcasts on the computer with our cable package.

[tek]

https://www.startribune.com/watch-live- ... 600071535/

[Kendra]

Thanks to both of you.

[Kendra]

MINNEAPOLIS (AP) -- Judge rejects former Officer Derek Chauvin's bid for a new trial in the death of George Floyd.

[bob]

The court's (very brief) order.

The court ruled there was insufficient evidence of juror misconduct (regarding the juror who was at the DC MLK rally) as to warrant an evidentiary hearing.

While these kinds of rulings are often affirmed on appeal, I'm a touch surprised the judge didn't order a hearing (because ordering the hearing takes away the claim that there should have been one).

[tek]

1:30pm Central Time, so adjust accordingly

[LM K]

The court's (very brief) order.

The court ruled there was insufficient evidence of juror misconduct (regarding the juror who was at the DC MLK rally) as to warrant an evidentiary hearing.

While these kinds of rulings are often affirmed on appeal, I'm a touch surprised the judge didn't order a hearing (because ordering the hearing takes away the claim that there should have been one).

Imo, it's tough to know what transcript materials were submitted as supporting evidence. Nelson submitted a transcript that wasn't cleared by court officials.

I suspect that if Nelson does things correctly, a hearing will be granted.

I found the prosecution's reply* to a previous request for a hearing quite persuasive. One issue addressed in the motion (I don't remember what the motion was called) was the issue of the "biased, lying juror". Based on what I read in the motion, the juror answered truthfully and that the defense had plenty of opportunities to ask the juror to elaborate.

*I can't find the motion right now. I have a migraine and I fuck shit up when I have a migraine.

[Kendra]

Ten minutes now? Got HLN queued up on the Fire tablet.

[tek]

showtime

[bob]

I suspect that if Nelson does things correctly, a hearing will be granted.

The court already ruled there was insufficient evidence to warrant a hearing. The new-trial motion seemed a tad perfunctory; perhaps a hearing would have been granted if the motion had been more persausive.

I found the prosecution's reply* to a previous request for a hearing quite persuasive. One issue addressed in the motion (I don't remember what the motion was called) was the issue of the "biased, lying juror". Based on what I read in the motion, the juror answered truthfully and that the defense had plenty of opportunities to ask the juror to elaborate.

Yes; similar to the Roger Stone juror. The answers to the questions posed were accurate, and the parties had the opportunity to follow up or investigate. And, of course, a hearing would have been difficult on the juror. So any claim of juror misconduct will likely survive an appeal.

But I wouldn't have been surprised if the judge ordered the hearing, took evidence, and then denied the claim.

[realist]

[sad-cafe]

The family statements were just powerful!


So very powerful.

[Kendra]

His mother's up now. Not buying it.

[slq]

His mother's up now. Not buying it.

Her statement doesn't seem to fit with what happened. There's video. Has she seen it?

Edit: It really seems tone deaf.

[sad-cafe]

Mom is delusional. And what happened in Nov?

[sad-cafe]

And what about the 17 other incidents????

[tek]

"Derek's mind is filled with what-ifs"

'What if I wasn't a sadistic racist asshole" is probably not one of them.

[sad-cafe]

what kind of shit was that?

there's going to be some more info????