MINNEAPOLIS (AP) – Lawyers in the trial of a former Minneapolis police officer accused of murdering George Floyd are ready to make their closing arguments Monday, with both sides trying to distil three weeks of testimony to convince jurors to give their views on the correct verdict.
For prosecutors, Derek Chauvin recklessly squeezed the life out of Floyd as he and two other cops pinned him for 9 minutes and 29 seconds outside a corner market on the street, despite Floyd’s repeated cries that he couldn’t breathe – actions they say justify conviction not only for manslaughter, but also on two murders.
For the defense, Floyd, who was black, put himself in danger by swallowing fentanyl and methamphetamine, then opposed officers trying to arrest him – factors that exacerbated his vulnerability of a sick heart and raise enough doubt that Chauvin, who is white, must be acquitted.
Each side will draw an important testimony to support their story of what killed Floyd in a case that stirred America 11 months ago and continues to resonate. The anonymous jury will later deliver sentences in a courthouse surrounded by concrete barriers and barbed wire, in a fearful town heavily reinforced by members of the National Guard and just days after new outrage broke out over the murder of a 20-year-old black man by police. . in a nearby suburb.
The attorneys are not limited in time, although legal experts say arguments that are too long risk losing jurors’ attention and may be less effective. Prosecutors Steve Schleicher and Jerry Blackwell will share the closure, with Schleicher first and Blackwell standing up for the final rebuttal of attorney Eric Nelson’s closure.
Chauvin, 45, is charged with second degree murder, third degree murder and second degree manslaughter. Experts expect Schleicher to guide jurors through the elements of the allegations. 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 can remind jurors of key testimony from many of the prosecution’s medical experts who testified that Floyd died of asphyxiation caused by being pinned to the sidewalk. He and Blackwell can point to abundant testimony from violence experts who said Chauvin’s actions were clearly inappropriate, as well as Minneapolis Police Department officials who said they were outside his training.
Video played a huge part in the trial, both supporting the testimony of experts and bringing home the emotional impact of Floyd’s fear and death. Prosecutors can replay video during their closures, and experts say they expect this.
Guilty verdicts must be unanimous, meaning that Nelson must cast doubt on only one juror on the various counts. His conclusion will certainly return to the themes of his cross-examination of prosecution witnesses and the brief defense he filed.
Nelson will no doubt highlight how the county medical examiner Dr. Andrew Baker did not conclude that Floyd died of asphyxiation. – put him at odds with the prosecution’s medical experts, even though Baker called Floyd’s death a murder and testifies that he believes Floyd’s heart partially collapsed from being pushed to the ground.
Nelson will also certainly remind the jury of Floyd’s drug use, perhaps using the same language he often used during the testimony phase – with questions emphasizing words like “illegal.” Despite the long duration of Floyd’s restraint, he will likely re-portray Chauvin’s use of violence as dictated by “fluid” and “dynamic” factors that should not be second guessing., including the prospect of Chauvin being distracted by a threatening group of bystanders
Nelson is also likely to question the strongest part of the state’s case: the video of Floyd’s arrest, including bystander Darnella Frazier’s video that largely captured public perception of the events. Nelson argued that camera angles can be misleading, and used different views to suggest to jurors that Chauvin’s knee wasn’t always on Floyd’s neck.
“If I were Nelson, I would do a lot of things because there are a lot of things to be done,” said Joe Friedberg, a local lawyer who was not involved in the case. “He has desperate problems here.”
Fourteen jurors heard testimonies, two of whom were alternates. If Judge Peter Cahill follows the usual practice of firing the last two elected as deputies, the 12 who will deliberate will be six white and six black or multiracial jurors.
In second-degree murder, prosecutors must prove that Chauvin intended to harm Floyd. Third-degree murder requires evidence that Chauvin’s actions were “extremely dangerous” and were carried out with indifference to the loss of life. Second-degree homicide requires jurors to believe he caused Floyd’s death through negligence and knowingly took the opportunity to cause serious injury or death.
Each count has a different maximum sentence: 40 years for accidental second-degree murder, 25 years for third-degree murder, and 10 years for second-degree manslaughter. Conviction guidelines take a lot less time, including 12 1/2 years for both murders.
Webber reported from Fenton, Mich.
Find AP’s full coverage of George Floyd’s death at: https://apnews.com/hub/death-of-george-floyd