MINNEAPOLIS (AP): Lawyers in the trial of a former Minneapolis police officer accused of killing George Floyd they are ready to present their final arguments on Monday, and each party is trying to distill three weeks of testimony to convince the jurors to give their opinion on the correct verdict.
For prosecutors, Derek Chauvin recklessly imprinted Floyd’s life as he and two other agents nailed him on the street for 9 minutes and 29 seconds outside a corner market, despite Floyd’s repeated screams that he couldn’t breathe; the actions they say justify the conviction not only for homicide but also for two counts of murder.
For the defenseFloyd, who was black, put himself at risk by swallowing fentanyl and methamphetamine, and then resisted agents trying to arrest him – factors that aggravated his vulnerability. to a sick heart and raises enough doubts that Chauvin, who is white, should be acquitted.
Each band will get a key testimonial to support his narrative of what killed Floyd in a case that ravaged the United States 11 months ago and continues to resonate. The anonymous jury will later hand down the verdicts in a court surrounded by concrete and wire barriers, in an anxious city heavily fortified by members of the National Guard and just days after new outrage erupted over the murder of a black man from 20 years by the police. in a nearby suburb.
Lawyers are not limited in time, although legal experts say excessive arguments run the risk of losing jury attention and may be less effective. Prosecutors Steve Schleicher and Jerry Blackwell will share the closure, with Schleicher at the helm and Blackwell involved in refuting the final word on the closing of defense attorney Eric Nelson.
Chauvin, 45, is charged with second-degree homicide, third-degree murder and second-degree homicide. Experts expect Schleicher to go through the jurors through the elements of the indictments. All three require the jury to conclude that Chauvin’s actions were a “substantial causal factor” in Floyd’s death – and that his use of force was unreasonable..
Schleicher may remind jurors of key testimony from a myriad of prosecuting medical experts who testified that Floyd died of asphyxiation caused to be fixed to the pavement. He and Blackwell can point to numerous testimonies from experts in the use of force who said Chauvin’s actions were clearly wrong, as well as Minneapolis Police Department officials who said they were out of training.
The video played a huge role in the trial, both to strengthen the testimony of the experts and to drive home the emotional impact of Floyd’s anguish and death. Prosecutors can play the video during closures and experts say they expect it.
Guilty verdicts must be unanimous, meaning Nelson must raise doubts in the minds of a single jury about the various points. His closure will return to the topics of his prosecution testimony and the brief defense case he filed.
Nelson is sure to stand out as the county forensic doctor, Dr. Andrew Baker, did not conclude that Floyd died of asphyxiation. – put him at odds with prosecuting medical experts, though Baker described Floyd’s death as a homicide and said he believes Floyd’s heart gave in in part because of being nailed to the ground.
Nelson will also certainly remind the jury of Floyd’s drug use, perhaps in the same language he frequently used during the testimony phase, with questions emphasizing words such as “illegal.” Despite the long duration of Floyd’s moderation, he is likely to retract Chauvin’s use of force as dictated by “fluid” and “dynamic” factors that should not be assumed., including the possibility that Chauvin was distracted by a threatening group of passers-by.
Nelson is also likely to question the strongest part of the state case: the video of Floyd’s arrest, including the video of spectator Darnella Frazier that largely established public perceptions of the events. Nelson argued that camera angles can be misleading and used other points of view to suggest to jurors that Chauvin’s knee was not on Floyd’s neck at all times.
“If I were Nelson, I would do a lot of things, because a lot of things have to be done,” said Joe Friedberg, a local defense attorney who is not involved in the case. “He has desperate problems here.”
Fourteen jurors heard the testimony, two of them alternates. If Judge Peter Cahill follows the usual practice of dismissing the last two elected as alternates, the 12 who will deliberate will include six white and six black or multiracial juries..
The second-degree murder requires prosecutors to prove that Chauvin intended to harm Floyd. The third-degree murder requires proof that Chauvin’s actions were “eminently dangerous” and were done with indifference to the loss of lives. The second-degree homicide requires jurors to believe he caused Floyd’s death through negligence and that he consciously took the opportunity to cause serious injury or death.
Each count has a different maximum penalty: 40 years for second-degree manslaughter, 25 years for third-degree murder, and 10 years for second-degree homicide. Sentencing guidelines require much less time, including 12 and a half years in either case of murder.
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Webber reported from Fenton, Mich.
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Find full AP coverage of George Floyd’s death at: https://apnews.com/hub/death-of-george-floyd