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Derek Chauvin Motions For New Trial

Minneapolis ex-cop Derek Chauvin was convicted of 2nd degree murder, 3rd degree murder, and 2nd degree manslaughter for killing George Floyd.  On April 30, 2021, state prosecutors and Chauvin’s defense attorney argued in separate filings whether certain conditions should be considered in Chauvin’s sentencing.  The prosecution’s filing argues 5 aggravated factors for consideration.  Chauvin is scheduled to be sentenced on June 16 or 25, 2021, depending on what source you read.   Chavin’s opposition for aggravating sentencing factors is linked here.

On May 4, 2021, Chauvin’s defense attorney filed a motion for a new trial.  The motion is linked here.

I noticed on Twitter that some of Chauvin’s supporters represent the motion is for a mistrial or dismissal, and their presentation is focused on a juror attending a protest.   Chauvin’s motion is for a new trial — a do-over.  According to the Minnesota Rules for Criminal Procedure, Post Verdict Motions;

“A motion for new trial must be based on the record. Pertinent facts that are not in the record may be submitted by affidavit, or statements signed under penalty of perjury pursuant to Minnesota Statutes, …”

To get the court to consider the juror, Chauvin must produce affidavits, or statements signed under penalty of perjury.  If I remember my teachings correctly, it cannot be hearsay.  In other words, the statement must come from the juror or someone with direct knowledge that the juror was biased against Chavin and dishonest in his juror questionnaire.  It must be signed under penalty of perjury.  I do not think that a video of the juror and a photo taken from social media will substitute for sworn testimony.   Of course, this is too long to put in a tweet.  Anyway, we shall see what the court decides.

Stay safe.  Wear a mask when out in public.  Get vaccinated for Covid-19.  Be blessed.

 

Verdict: Derek Chauvin Guilty For The Murder of George Floyd

There was a time when I followed trials and posted daily on this blog the videos or reports of what happened in court.  Although I still follow trials, I’m no longer able to write daily posts. 

I watched former Minneapolis, MN police officer Derek Chauvin’s trial.  When I was unable to watch live, I recorded it and watched in the evening.   The two most impressive witnesses for the prosecution, in my opinion, were George Floyd’s girlfriend Courtney Ross, and pulmonary expert Dr. Martin Tobin. 

Courtney Ross extinguished all demonizing of George’s opiate addiction.  Dr. Tobin calmly explained how George died, even pointing out when his brain stopped receiving oxygen and his body went into seizure. 

In this case, Derek Chauvin was held accountable for his decisions and actions that caused the death of George Floyd.  As his eyes darted back and forth, up and down, Chauvin heard verdicts on three counts; 2nd degree murder, 3rd degree murder, and 2nd degree manslaughter — all guilty.  He opted to have the judge decide his sentencing, which is scheduled 8 weeks from now.

The below video is the reading of the verdict.  George, you are now free to rest in peace. 

 

Derek Chauvin Was Negotiating A Plea Deal Before His Arrest

Derek Chauvin was the Minneapolis police officer who was fired after video was shown of him placing his knee on the neck of Gregory Floyd for over 8 minutes, killing Floyd.  It happened on May 25, 2020.  Things moved fast thereafter and Chauvin was charged with 3rd degree murder.

On the day that Chauvin was charged, personnel representing the federal government held a non-press conference.  I refer to it that way because there was no news given at that conference. I remember watching it when U.S. Attorney Erica MacDonald stated, “I thought we would have another development to talk to you about, but we don’t.”

ABC is one of many news sources reporting that before Chauvin was charged, he was negotiating with the Hennepin County Attorney’s Office and the federal prosecutor to plea guilty to state murder and federal civil rights violation.  Negotiations held-up the press conference for about 2 hours.  Negotiations failed.

Charges filed again Chauvin now include 2nd degree murder.  Click here to see a copy of the criminal complaint.

Judge Jeannice M Reding set Chauvin’s bail of $1.25m with no preconditions, or $1m with conditions that include  not contacting Mr Floyd’s family, surrendering his firearms and not working in law enforcement or security as he awaits trial.

The 3 officers (also fired) who were with Chauvin, are all charged with aiding and abetting murder.

 

 

 

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