Derek Chauvin trial: The murder of George Floyd

[bob]

Just catching up now, a family member on CNN is mad the sentence wasn't longer (they want a life sentence) and reminds folks to vote.

Was a life sentence even a sentencing option for the judge?

No; the maximum for second degree murder in Minnesota is 40 years. (And anything over 30 likely would have been vacated.)

[neonzx]

Am I reading the Minnesota rules for 'good behavior' with prisons correctly? 1 day credit for each 2 days good behavior? Meaning they will only serve 2/3rds of their sentence (~15 years in Chauvin's case) before being paroled?

[bob]

Am I reading the Minnesota rules for 'good behavior' with prisons correctly? 1 day credit for each 2 days good behavior? Meaning they will only serve 2/3rds of their sentence (~15 years in Chauvin's case) before being paroled?

I believe that's correct. (I've seen that reported multiple places.)

Which is how I suspect the judge landed on 22.5 years. (Yes, I know it was (150+120)/12.)

[sad-cafe]

I just want to take Gianna and squeeze her.

She is adorable and I love her voice

[LM K]

Does anyone know how much time Chauvin is looking at for his federal sentence?

[LM K]

Direct link to the sentencing memorandum.

https://www.nytimes.com/interactive/202 ... ncing.html

[neonzx]

Direct link to the sentencing memorandum.

https://www.nytimes.com/interactive/202 ... ncing.html

Paywall.

Free:
https://www.scribd.com/document/5130226 ... fullscreen

[raison de arizona]

the apple didn't fall far from the tree did it?

► Show Spoiler

[LM K]

Derek's mom called him her favorite son, not favorite child. Derek has a younger sister and no brothers.

A quote from Mom's statement:

"When you sentence my son you will also be sentencing me. I will not be able to see Derek, talk to him on the phone, or give him our special hug. Plus the fact that when he is released, his father and I will most likely not be here."

I'm surprised that Chauvin's lawyer didn't ask his mom to leave out that part of her statement. Chauvin will serve 15 years. George Floyd lost all of his years.

Mom didn't mention the victim or his family once.

[sugar magnolia]

When did they stop allowing visits and phone calls in prison?

And "special hug" sounds sort of creepy.

[Patagoniagirl]

When did they stop allowing visits and phone calls in prison?

And "special hug" sounds sort of creepy.

Of course they didnt. I dont know what the Defense thought her statement would accomplish. I thought it was selfish and cruel.

[LM K]

When did they stop allowing visits and phone calls in prison?

And "special hug" sounds sort of creepy.

They haven't. His mom was fos. Covid has significantly cut back on in person visits. But video calls are available as are regular phone calls.

[zekeb]

George's family won't be able to hug him again either.

[Maybenaut]

When did they stop allowing visits and phone calls in prison?

And "special hug" sounds sort of creepy.

Of course they didnt. I dont know what the Defense thought her statement would accomplish. I thought it was selfish and cruel.

Putting on an effective sentencing case is perhaps the most difficult job a defense attorney has. If the client shows remorse, he’s only sorry he got caught. If he shows no remorse, he’s cold. If the defense counsel tells the mom she can’t say everything she wants to say, he leaves himself open to an ineffective assistance claim. If he lets her go on like he did, he leaves himself open to an ineffective assistance claim.

In the end, I don’t think it matters much. He was sentenced by a judge, not a jury. Judges are less likely to be swayed one way or another by the defense sentencing case. In fact, in this case the judge clearly already had his 22-page ruling ready. I think it’s unlikely in the extreme anything that happened at the hearing changed his mind about what he planned to award.

[p0rtia]

The sense of entitlement gushing from both Chauvin and his mother is sickening.

[Phoenix520]

Treeapple

[sugar magnolia]

The peeps at HLN are not impressed with the mother's comments. At all.

Her failure to acknowledge the Floyd family was pretty cold.

One thing I learned today from Nelson: Chauvin is a father. That's scary.

His wife has 2 kids, but Chauvin is the father of none.

[p0rtia]

Treeapple

Racist treeapple.

[neeneko]

The sense of entitlement gushing from both Chauvin and his mother is sickening.

Scary thing is, I don't even really see it as 'entitlement'. I see it as a rather blunt example of the focus on 'family' and 'honor'. While most people keep the quiet voice quiet, this is really how honor based morality works. How he treats his kin matters, and the impact on the family matters. Other people give or take honor, but are not part of it.

[Kendra]

https://www.wktv.com/content/news/Forme ... 28381.html

Former Minneapolis police officer Derek Chauvin, who was convicted in April on state murder charges for killing George Floyd, pleaded not guilty on Thursday in a federal case related to the use of unreasonable force on a 14-year-old in September 2017.

Chauvin was arraigned via video conference before US District Magistrate Judge Hildy Bowbeer on two counts of federal civil rights violations. He declined to have the charges read against him in court.

The ex-cop wore a tan shirt in what appeared to be a conference room -- a yellow pad in front of him -- at Minnesota's maximum-security prison in Oak Park Heights outside of Minneapolis, where he's serving a 22 1/2-year sentence for Floyd's murder. He spoke briefly, answering short procedural questions and entering his plea.

A federal grand jury indicted Chauvin and three other former officers in May for allegedly violating Floyd's constitutional rights.

[Tiredretiredlawyer]

https://www.upi.com/Top_News/US/2021/10 ... 633590871/

Court denies Derek Chauvin's request for public defender in appeal

"Due to my current incarceration, I do not have the sufficient means to retain private counsel for the appeal," he said in the document. "I currently have no source income, besides nominal prison wages, nor do I own any real property or vehicles."

He said the only assets he has are two retirement accounts, and if he accessed them early he would incur "a significant penalty."

"The district court case for which I intend to appeal was paid for by the Minneapolis Peace and Police Officer's Association," he said, "and I have been informed that their obligation to pay for my representation terminate upon my conviction."

[somerset]

https://www.upi.com/Top_News/US/2021/10 ... 633590871/

Court denies Derek Chauvin's request for public defender in appeal

"Due to my current incarceration, I do not have the sufficient means to retain private counsel for the appeal," he said in the document. "I currently have no source income, besides nominal prison wages, nor do I own any real property or vehicles."

He said the only assets he has are two retirement accounts, and if he accessed them early he would incur "a significant penalty."

"The district court case for which I intend to appeal was paid for by the Minneapolis Peace and Police Officer's Association," he said, "and I have been informed that their obligation to pay for my representation terminate upon my conviction."

The dude is looking at spending the rest of his life in prison, and he's worried about the tax implications of withdrawing money from his IRAs. Gotta love his priorities

[Tiredretiredlawyer]

He apparently doesn't want to take responsibility for his actions. He wants someone else to pay for his appeal.

[Maybenaut]

The dude is looking at spending the rest of his life in prison, and he's worried about the tax implications of withdrawing money from his IRAs. Gotta love his priorities

I know, right?! One would think it would be money well-spent if the appeal were to succeed.

[raison de arizona]

He didn't pay for his defense the first time, the union did. What happened to all the money that was raised for him? Or did they? And how much was that?