DEREK CHAUVIN TRIAL

Minneapolis agrees to pay $600K to settle another Chauvin lawsuit

MPR News staff — Fri, 31 Jan 2025 20:14:06 GMT

MINNEAPOLIS — The city of Minneapolis will pay $600,000, including attorney fees, to settle a lawsuit filed by a woman who says then-police officer Derek Chauvin used excessive force against her in 2020, four months before Chauvin kneeled on George Floyd, killing him.

The City Council voted Thursday, Jan. 30 to approve the settlement after a closed-door briefing with members of the city attorney’s office.

Patricia Day claims that on Jan. 17, 2020, Chauvin and his partner pulled her out of her vehicle and threw her to the ground.

“Chauvin then assumed his signature pose, pressing his knee into the subdued and handcuffed Patty’s back — just as he would later do to snuff the life out of George Floyd,” the lawsuit reads.

Day said she suffered a cracked tooth and injuries to her arm and leg.

The lawsuit also takes police leadership to task for not correcting Chauvin’s actions after reviewing the incident involving Day.

“The video evidence was available for MPD supervisors and policymakers to see, if anyone had cared enough to look,” reads the suit. “But MPD command and control personnel ignored this evidence or, worse, reviewed it and did nothing, in either case continuing to condone such actions by Chauvin and other officers.”

Chauvin was convicted of murder in Floyd’s murder and sentenced to spend more than 20 years in prison.

The city has already paid out nearly $40 million to settle a lawsuit from Floyd’s family as well as $9 million to settle suits from Zoya Code and John Pope. They say Chauvin knelt on their necks and backs during separate confrontations in 2017.

This story was originally published on MPRNews.org.

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In new book, Keith Ellison goes behind the scenes of Derek Chauvin prosecution

Rochelle Olson / Star Tribune — Wed, 24 May 2023 12:18:00 GMT

MINNEAPOLIS -- In a new book "Break the Wheel: Ending the Cycle of Police Violence," Minnesota Attorney General Keith Ellison pulls back the curtain on the massive effort behind the pandemic-era prosecution of ex-Minneapolis police officer Derek Chauvin for the murder of George Floyd.

From the morning on the edge of his bed when he first saw the bystander video of Floyd's in-custody murder on Memorial Day 2020, Ellison takes the reader through the work of assembling the trial team, bringing in consultants to help with jury selection and finding witnesses — through to the verdict and aftermath.

As horrific as the video was for most, Ellison explains how the guilty verdict was far from certainty. He wrote the book, he said, as a guide for the next police brutality case.

"Tragically, this is probably going to happen again," he said in an interview. "These cases are not like your average criminal case. They're just not. They're very different so you need some resources to get a grip on that."

The trial in March and April 2021 was live streamed to the world, so the characters in the book will be familiar to those who tracked it. Ellison's recounting is even-handed and informative. He didn't use the book to settle scores and had mostly generous observations about others, including the defense attorneys for Chauvin and the other three officers.

A criminal defense lawyer before he became the first Muslim elected to Congress in 2006, Ellison said he's a note-taker, a habit he continued through the trial. In June 2022, he reviewed his notes, created an outline, then got up every morning at 5 a.m. to write for three hours. It took nine months.

He aimed to write five pages a day but the book was still overdue and bloated when he turned it in at 120,000 words. Editors whittled it to 70,000. While he was writing, Ellison also was seeking re-election. GOP nominee Jim Schultz portrayed Ellison as anti-cop and almost ousted him, losing by just 20,800 votes.

Ellison felt the pressure. "I knew that if equal justice was to prevail, I had to find a way to win," he wrote. "I simply could not allow the lesson to be that prosecuting a cop is political suicide."

When police are on trial, roles are reversed; they're on the defense instead of working with prosecutors. That's another reason Ellison said he wrote the book, to puncture the Blue Wall of Silence and send word that it's OK for police to testify against a colleague. He praised former Minneapolis Police Chief Medaria Arradondo and Lt. Richard Zimmerman, head of the department's homicide unit, who testified against Chauvin.

Help from the outside

Ellison revealed critical help he got early on in the case from Barry Scheck, who came to fame as part of O.J. Simpson's successful murder defense team. Scheck told Ellison to focus on debunking the controversial medical-legal theory of excited delirium, which has been used successfully in the past to justify excessive police force.

He reached out to Jerry Blackwell, a friend and prominent trial attorney, for advice. The call ended with Blackwell, now a U.S. District Court judge, agreeing to be a special assistant attorney general.

Blackwell delivered the final indelible sentence at trial for the prosecution. "You were told, for example, that Mr. Floyd died because his heart was too big," Blackwell said. "The truth of the matter is that the reason George Floyd is dead is because Mr. Chauvin's heart was too small."

Initially, Blackwell tucked the line into the middle of his closing. Ellison said that when he heard it, he considered it a mic-drop line and urged Blackwell to use it as the punctuating finale.

The book also detailed his concerns with Hennepin County Medical Examiner Andrew Baker's testimony. In the summer of 2020, Baker said, that if Floyd "were found dead at home alone and with no other apparent cause, this could be acceptable to call an overdose."

Ellison called Baker's comment "a gratuitous, unnecessary unscientific statement and he had me scared to death."

To many, the comment was "just one of the first signs of the old pattern repeating itself: unarmed African-Americans being killed in custody while the system protected the officers from accountability."

Baker also said that he didn't believe the prone position was any more dangerous than other restraints and couldn't attribute the death to positional asphyxia.

Because of concerns about Baker's testimony, prosecutors sandwiched his appearance between other experts.

Ellison said he didn't sleep the night before Baker testified, worried he would go rogue and demolish the case against Chauvin. That didn't happen.

"For all the buildup and worry, things went well," Ellison said, adding that Baker stuck with his determination that Floyd had died by homicide.

The prosecution team was also worried the case might be moved out of Hennepin County so they conducted a mock trial with Stearns County residents. Ellison said the prosecution got a conviction during the staged event, but that didn't assuage concerns. "One thing doing a mock, you don't really know how the defense is going to act," he said in an interview.

Throughout the nearly 300-page book, Ellison shared his thoughts on a range of trial topics, including:

The video: Ellison credited his then-legislative director Carly Melin for helping understand the critical angles and impact. "I'm embarrassed to admit that I had heard Floyd say everything in those videos, but his calls for his mother didn't really stick. Carly helped me understand how significant it was."

Judge Peter Cahill: "The first thing anyone notices is his great smile. It's a smile that might make one think he is always an easy-going guy, slow to anger. They'd be wrong. Judge Cahill can go from zero to sixty in no time flat if you cross him, and you don't want to be the target of his wrath."

Assistant Attorney General Matthew Frank: "He's a Sergeant Joe Friday 'just the facts ma'am' kind of fellow, but his seriousness belies his compassion."

Former President Donald Trump: "He communicates effectively because he employs themes. He's not eloquent, he's not sophisticated, and he's anything but poetic. Nevertheless, he is extremely thematic: 'Build a wall'; 'Mexico is going to pay for it'; 'no collusion'; 'witch hunt.' Trump's followers understand him because he speaks to their visceral fears and anxieties."

His concern about losing the case: "What worried me was whether Eric Nelson — Chauvin's defense counsel — could convince the jury that, while maybe Chauvin carried things too far in hindsight, it was reasonable for him to kneel on George Floyd in the moment."

The ex-officers: "None of the four officers seem to have any awareness about the extent of the damage they inflicted on the community's trust, even before Chauvin sank his knee into Floyd's neck."

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Derek Chauvin sentencing set for Thursday

Jon Collins / MPR News — Wed, 06 Jul 2022 19:28:47 GMT

MINNEAPOLIS — Former Minneapolis police officer Derek Chauvin will be sentenced to between 20 and 25 years in federal prison Thursday. He pleaded guilty late last year to federal charges that he violated George Floyd’s civil rights when he took Floyd’s life in May 2020.

Chauvin is currently serving a 22 and a half-year sentence for his conviction on state murder and manslaughter charges at the Minnesota Correctional Facility in Oak Park Heights. As part of his federal plea agreement, Chauvin will serve his state and federal sentences at the same time in federal prison.

Chauvin’s federal plea deal reached last year also admits guilt for a 2017 incident where he repeatedly struck a 14-year-old boy and kneeled on his neck and upper back for about 15 minutes. Chauvin was convicted in April 2021 in state court of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

Floyd was killed on May 25, 2020, after Chauvin kneeled on his neck for more than nine minutes. Floyd’s murder sparked unrest in the Twin Cities and across the country, as well as calls to re-envision American policing.

Prosecutors asked U.S. District Court Judge Paul Magnuson last month to sentence Chauvin to 25 years in prison, arguing that Chauvin’s actions against Floyd were “cold-blooded,” and that Chauvin deserves a higher sentence for an earlier incident where he used a similar tactic on a 14-year-old boy.

Prosecutors also argued that a higher sentence would send a message to other police officers “that although they undoubtedly have a difficult job, and one that sometimes carries life and death responsibilities, their role in our criminal justice system is a limited one, and does not include imposing punishment.”

Chauvin’s attorney, Eric Nelson, asked the court last month to sentence Chauvin to no more than 20 years in federal prison followed by five years of supervised release.

Nelson cited sealed letters from friends and family and “thousands” of letters of support he says Chauvin received from across the country that “speaks to his character and qualities as a human being.” Nelson argued that it’s clear Chauvin has expressed remorse for his actions and is ready to “continue to atone for his wrongdoing.”

Three other former Minneapolis officers charged in Floyd’s killing were convicted in federal court in February of violating Floyd’s civil rights. They’ve yet to be sentenced.

Former officer Thomas Lane pleaded guilty to aiding and abetting second-degree manslaughter in state court in May. He’s scheduled to be sentenced in September. Former officers Tou Thao and J. Alexander Kueng’s trial on state charges of aiding and abetting murder and manslaughter is scheduled for October. Both men rejected plea deals from prosecutors.

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Derek Chauvin appeals his conviction for the death of George Floyd

Alex Chhith / Star Tribune — Fri, 24 Sep 2021 15:18:42 GMT

MINNEAPOLIS — Former Minneapolis police officer Derek Chauvin on Thursday, Sept. 23, filed an appeal of his murder conviction in the death of George Floyd.

Floyd's death in May 2020 and Chauvin's conviction this past April galvanized advocates for racial justice around the world.

Chauvin's appeal to the Minnesota Court of Appeals came 90 days after his June 25 sentencing on the last day he could have done so, according to court documents. He was convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

Chauvin raises 14 issues with his trial. He argues that the state committed "prejudicial prosecutorial misconduct" and lists several issues he has with the jury. Chauvin says that the court under Judge Peter Cahill "abused its discretion" when it denied his motion for a change of venue, declined to sequester the jury, denied him a new trial due to "juror misconduct" and did not allow him to strike "clearly biased jurors" from serving on the jury.

He also argues that Cahill erred when he declined to force Morries Hall to testify for the defense. Hall, who was Floyd's passenger the day he died, invoked his Fifth Amendment right against self-incrimination to avoid doing so.

Chauvin also argues that the court was wrong when it permitted the prosecution to add a third-degree murder charge and that the court gave instructions to the jury that "materially misstated the law."

His appeal also asks that a recent denial of his request for a public defender be overturned. Chauvin, who is incarcerated at the Oak Park Heights prison, pleads financial hardship, saying the Minnesota Police and Peace Officers Association's legal defense fund can no longer pay for his defense and that he does not have the financial resources to do so himself. The association paid for defense attorney Eric Nelson's services in his trial but will not pay for an appeal after a conviction.

The appeal comes a week after the Minnesota Supreme Court overturned the third-degree murder conviction of former police officer Mohamed Noor in the 2017 death of Justine Ruszczyk Damond, taking off about eight years off his prison sentence.

In that case, the ruling upended a historic milestone — Noor was the first former officer in Minnesota to be convicted of murder for an on-duty killing. Chauvin is now the only officer in the state to be convicted of murder.

©2021 StarTribune. Distributed by Tribune Content Agency, LLC.

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Juror describes the moments when Derek Chauvin was found guilty of murdering George Floyd

Nancy Vogt — Sun, 25 Jul 2021 14:00:00 GMT

PINE RIVER, Minn. — When Journee Howard learned she was a potential juror for the state's highest profile murder trial, she didn’t hesitate to embrace the opportunity.

"I was completely shocked and ecstatic to have the opportunity to maybe even be considered to do something like that," Howard said during a phone interview July 16.

A 2014 graduate of Pine River-Backus High ��, Howard has lived in Minneapolis for the past two and a half years. She was chosen as one of the 12 jurors in the trial of former Minneapolis police officer Derek Chauvin. She and her fellow jurors found Chauvin guilty in April of murdering George Floyd in May 2020.

Asked why she decided to talk to the media about her experience — one of only a few jurors to do so — Howard said it wasn’t anything profound.

"I was completely shocked and ecstatic to have the opportunity to maybe even be considered to do something like that." — Journee Howard on being a juror for the Derek Chauvin murder trial

"I just kind of felt like I was ready to share my experience and my point of view," she said, noting it gave her the opportunity to address what she saw on social media and answer questions.

For example, Howard wanted to address the idea that the time jurors took to come to their decision was based on external factors of repercussions.

"We were just as surprised as everyone else when it ended up being so fast," she said.

When the jury selection process began in March, Howard — who turned 25 during the trial — didn't tell her family in Pine River for their well-being and safety.

"I didn't want to put that stress on them," she said. "They found out halfway into doing it and then their reaction was proud and concerned for my safety. They were just praying for me."

"Regardless of what I had seen or heard, I was willing to set any previous biases aside and hear the facts of the case and do it to the best of my ability." — Journee Howard on being a juror for the Derek Chauvin murder trial

Her mom, Jen Howard, said they are all proud of Journee.

"When I figured it out I was extremely concerned for her safety," Jen Howard said via Facebook messenger. "I googled the jurors on the case and the description was her to a T. Then I realized she was in papers around the world. That was overwhelming."

"As soon as I could physically hear her voice I was better. She is so strong and fearless," she said of her daughter.

Howard was Juror No. 9, described as a multiracial woman in her 20s who grew up in northern Minnesota and as a "go-with-the-flow, open-minded type of person."

She believes she was chosen as a juror because she made it clear she had a neutral mindset. Though no one is completely unbiased, neutral and down the middle, Howard said, she is open-minded and doesn't lean far one way or the other politically.

"As soon as I could physically hear her voice I was better. She is so strong and fearless." — Jen Howard, Journee Howard’s mom

"Regardless of what I had seen or heard, I was willing to set any previous biases aside and hear the facts of the case and do it to the best of my ability," she said.

This was Howard's first time serving on a jury.

"Even if I hadn't been on such a high-profile case, I'm sure I would have found it fascinating," she said, urging anyone who has the chance to be a juror to do so.

From start to finish, the trial was well organized, Howard said. From the judge to his righthand man to officers escorting jurors, everyone was kind and easy to talk to.

Regarding emotions, "Obviously it was very, very tense. From the first day when we walked in we could feel the tension in the air," she said.

Some trial days were a bit mundane when they went over the same policies; others were extremely difficult when they watched the video of the incident over and over.

"Having to watch and listen and pay attention to key points people said and watch body language — sometimes it was gut-wrenching to watch over and over again," Howard said.

Waiting for the verdict to be read was nerve-racking.

"It was the most intense 5 minutes of my entire life," Howard said, adding she didn't realize jurors had to say "yes" out loud to each verdict.

"Just that 'yes' was — oh man — it was intense. I was looking around the room, looking at the other jurors. I could just see everyone's chest rising and falling," she said.

MORE ABOUT THE CHAUVIN JURY:

Derek Chauvin juror breaks down what worked for prosecution Journee Howard, 25, who put her modeling and acting studies on hold for the trial, is the second of the 12 jurors who deliberated to speak publicly since the verdicts were reached on April 20 in Hennepin County District Court. She said she was especially swayed by the detailed testimony of Dr. Martin Tobin, the lung specialist who bolstered the prosecution's contention that Floyd died from asphyxiation as a direct result of being pinned facedown by Chauvin and two other officers.
Derek Chauvin juror: 'Every day we had to come in and watch a Black man die' Brandon Mitchell, juror No. 52, said on “CBS This Morning” that the pressure and stress came from watching video evidence each day of George Floyd's death.
What we know about the jurors in the Derek Chauvin trial Opening statements in the trial are expected to begin Monday, March 29.

After the verdict was read, Howard said it felt like a 10 billion pound weight was lifted off everyone's shoulders. Some cried because so much emotion was finally released, and they could finally talk to others about all they'd kept bottled in for weeks.

"It was extremely, extremely emotional when the verdict was read," she said.

Howard doesn't take it lightly that the jury found a man guilty of murder, even though they believe they made the right decision.

"You're still sentencing someone to prison," she said.

Howard said one thing she learned from the experience is that not everything is what it seems. Experiencing the trial firsthand and then seeing news stories and social media posts afterward was eye-opening. One 30-second clip of what a witness said showed a lot was taken out of context, she said, noting she now takes what she reads in the news and social media with a grain of salt.

After hearing so many witnesses talk, she also learned the importance of actively listening to people's versions and points of view.

"To see, feel and hear what they're trying to say is definitely huge. I don't know if I'm a great listener, but I'm better at hearing what they have to say," Howard said, noting when people hear what they don't want to hear they dismiss it or talk over people. "I definitely have learned personally how to hear people out."

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In emotional day, Derek Chauvin sentenced to 22½ years in prison for George Floyd's murder

Matthew Guerry — Fri, 25 Jun 2021 22:04:45 GMT

MINNEAPOLIS — Following a day of emotional outpouring from members of George Floyd's family, Derek Chauvin was sentenced Friday, June 25, to 22 ½ years in Minnesota prison.

The sentence, believed to be the longest ever dealt to an officer in Minnesota, is both shorter than what prosecutors sought and more severe than the probation Chauvin's attorney asked for. At a news conference outside the Hennepin County District Court building, Floyd's family on Friday expressed a measure of satisfaction with the ruling but said the most just outcome, one wherein Floyd lived, was not possible.

"What we got today was some semblance of accountability," said Ben Crump, the civil rights attorney representing members of Floyd's family.

Together with Rev. Al Sharpton, Crump and the Floyd family called on the U.S. Senate to pass a reform bill named in Floyd's memory. The House passed the bill roughly one year ago.

Chauvin's sentencing comes more than a year after he kneeled on Floyd's neck May 25, 2020, killing him outside a south Minneapolis convenience store. The incident, caught on video by a bystander, galvanized the U.S. police reform movement, set off a wave of protest, and culminated in a widely viewed trial in which he was found guilty on one count each of second- and third-degree murder and second-degree manslaughter.

Chauvin, 45, appeared in court Friday with a close-cropped haircut and wearing a light gray suit and tie and surgical face mask. He sat stoically, his eyes darting around the room, as the proceedings unfolded. He spoke only briefly, having opted not to testify at trial, and implied that he could not speak at length due to the federal case against him.

"I do want to give my condolences to the Floyd family," he said, addressing the Floyd family directly for the first time. "There's going to be some other information that would be of interest and I hope things will give you some peace of mind. Thank you."

The federal case, which alleges civil rights violations on Chauvin's part, is still ongoing.

Before he was sentenced, Floyd's family members made what are known as victim impact statements. They spoke of the effect Floyd's murder has had on their lives, and said his absence will be felt at everything from play dates to birthday celebrations, from graduation parties to weddings.

They pressed Friday for Judge Peter Cahill to hand down the maximum prison sentence allowable and discussed the trauma of reliving the events Floyd's murder in the year since it occurred. When his daughter is old enough to understand, Floyds' brother Terrence Floyd said, telling her about the killing will mean reliving it "all over again years down the line."

In a prerecorded statement, Gianna Floyd, George Floyd's 7-year-old daughter, said if she could tell her father anything, "It would be I miss you and I love him."

Members of Chauvin's family were in attendance Friday and did not react visibly to his sentencing, according to a pool reporter present in the courtroom. His mother, Carolyn Pawlenty, asked Cahill before the sentence was announced for leniency, calling Chauvin a "good man" and her "favorite son."

She said she believes him to be innocent, as do many others who have written to her.

“When you sentence my son, you will also be sentencing me," Pawlenty told Cahill.

Defense attorney Eric Nelson described Chauvin's mind as being "littered with what-ifs" about the May 25, 2020, murder and asked for leniency, noting that the majority of Minnesota defendants convicted of second-degree murder charges in recent years received shorter sentences on par with state sentencing guidelines. He had earlier argued that Chauvin should receive either a lighter sentence than state guidelines prescribe or probation with time served.

Citing Chauvin's abuse of authority and commission of a crime in the presence of children, however, prosecutors this month asked Cahill to sentence him to prison for 30 years for second-degree murder — the most serious of the three charges he faced and the only one he can be sentenced on under Minnesota law. Cahill said Friday that he made his sentencing decision, which is 10 years longer than what guidelines recommend for first-time offenders convicted of second-degree murder, based only on the facts of the case.

He cited aggravating factors highlighted by the prosecution, including Chauvin's abuse of a position of authority and cruel treatment of Floyd, as reason for the longer-than-normal sentence.

Chauvin is being held at the Oak Park Heights correctional facility in Stillwater, Minn. Tou Thao, J. Alexander Kueng and Thomas Lane, the other former officers charged in Floyd's killing, are set to stand trial together in March.

Read Judge Cahill's sentencing memorandum:

Embed: Derek Chauvin sentencing memorandum by inforumdocs on Scribd

In emotional day, Derek Chauvin sentenced to 22½ years in prison for George Floyd's murder

Civil rights activist Rev. Al Sharpton speaks outside the Hennepin County District Court building Friday, June 25, 2021, following the sentencing of Derek Chauvin. (Matthew Guerry / Forum News Service)

Former Minneapolis police officer Derek Chauvin addresses his sentencing hearing and the judge as he awaits his sentence Friday, June 25, 2021, after being convicted of murder in the death of Floyd in Minneapolis. (Pool via REUTERS)

In emotional day, Derek Chauvin sentenced to 22½ years in prison for George Floyd's murder

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Judge denies motion for new trial hours before Chauvin sentencing

Forum News Service — Fri, 25 Jun 2021 15:08:08 GMT

MINNEAPOLIS — Hours before he is to be sentenced in the 2020 murder of George Floyd, former Minneapolis Police officer Derek Chauvin’s motion for a new trial has been denied.

Judge Peter Cahill denied the request in a ruling released this morning, June 25.

In the ruling, Cahill said the defense failed to demonstrate that Chauvin was deprived of a fair trial, either by court error or abuse or prosecutorial misconduct.

In addition, Cahill said the defense failed to establish a case of juror misconduct, or that a juror gave false testimony during jury selection.

Chauvin is scheduled to be sentenced at 1:30 p.m. today in Hennepin County.

WATCH: LIVE AT 1:30 P.M.: Derek Chauvin to be sentenced for the murder of George Floyd The sentencing of Derek Chauvin for the murder of George Floyd will begin at 1:30 p.m. Watch a livestream here.

Related:

Derek Chauvin faces up to 30 years at sentencing Friday in murder of George Floyd The sentencing of the former Minneapolis Police officer comes more than a year after he was filmed kneeling on Floyd's neck outside a south Minneapolis convenience store, setting off a wave of protests — some of which devolved into riots —and prompting nationwide calls for policing reform.
How will Third Precinct arsonists pay $12 million restitution? They probably won't The eight-figure penalty represents a common gap in criminal sentencing throughout America's federal court system: The restitution bill far exceeds the defendants' financial means. Those convicted of the crime pay incremental sums, and the money never comes close to meeting restitution's purpose of returning victims back to their status quo. In reality, the U.S. Department of Justice recovers only $1 out of every $10 owed per year, making restitution sometimes symbolic or a mere formality in a criminal sentence, according to a report from the Congressional Research Service.

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WATCH: Derek Chauvin sentenced for the murder of George Floyd

Forum News Service — Fri, 25 Jun 2021 04:45:00 GMT

MINNEAPOLIS — Former Minneapolis police officer Derek Chauvin was sentenced Friday, June 25, for the murder of George Floyd.

Watch a stream of the sentencing below and read coverage of the sentencing here.

As a public service, we’ve opened this article to everyone regardless of subscription status. If this coverage is important to you, please consider supporting local journalism by clicking on the subscribe button in the upper right-hand corner of the homepage.

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Derek Chauvin faces up to 30 years at sentencing Friday in murder of George Floyd

Matthew Guerry — Wed, 23 Jun 2021 21:33:28 GMT

ST. PAUL — Derek Chauvin will return to Hennepin County District Court on Friday, June 25, where he could be sentenced to a prison for up to 30 years for the murder of George Floyd.

His sentencing comes more than a year after he was filmed kneeling on Floyd's neck outside a south Minneapolis convenience store, setting off a wave of protests — some of which devolved into riots —and prompting nationwide calls for policing reform.

The former Minneapolis Police Department officer has been incarcerated since April 20, when a jury found him guilty on all three charges: second-degree murder, third-degree murder and second-degree manslaughter.

Chauvin is being held at the Oak Park Heights correctional facility in Stillwater, Minn.

Prosecutors this month asked Judge Peter Cahill to hand Chauvin a 30-year sentence for second-degree murder, the most serious charge of the three charges, and the only one he can be sentenced on under Minnesota law.

State sentencing guidelines recommend prison sentences of 12 1/2 years for first-time offenders who, like Chauvin, are convicted of second-degree murder. But in seeking a longer sentence, prosecutors asked Cahill to consider five "aggravated sentencing factors."

Cahill in May wrote that four of the factors were proven beyond a reasonable doubt:

that Chauvin abused position of trust and authority, that he acted with particular cruelty, that acted in concert with three other individuals who all actively participated in the crime, and that he committed the offenses in the presence of children.

But Cahill could sentence Chauvin to a shorter term than prosecutors have requested.

Citing Chauvin's lack of a criminal history and other circumstances unique to the case, meanwhile, defense attorney Eric Nelson has asked for a lighter sentence or for Chauvin to receive probation with time served.

Like the jury selection, trial and verdict, most of Friday's sentencing proceedings will be streamed live by media organizations.

Minnesota Attorney General Keith Ellison, who served as special prosecutor in the case, this week asked people or businesses who suffered as a result of Floyd's murder to share community impact statements. Those statements will be provided to the court and defense, and may become part of the public record, according to Ellison's office.

Floyd's family and friends also will have the opportunity to offer victim impact statements, which Cahill can consider in Chauvin's sentence.

Chauvin, too, will have an opportunity to offer his own statement. He did not testify during the trial.

The sentencing hearing begins at 1:30 p.m. Friday at the Hennepin County Courthouse in Minneapolis.

The three other officers charged in Floyd's death — J. Alexander Kueng, Thomas Lane and Tou Thao — are set to stand trial together in March 2022.

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Derek Chauvin juror breaks down what worked for prosecution

Paul Walsh / Star Tribune — Sun, 13 Jun 2021 14:00:00 GMT

MINNEAPOLIS — Bodycam video from police on the scene, along with testimony about asphyxiation, were crucial in convicting fired Minneapolis officer Derek Chauvin of murdering George Floyd, said a juror, the second to speak out in the historic case.

Journee Howard, known until now only as Juror No. 9, said, "there was a multitude of things" that played into the prosecution meeting the legal standard that she and the other jurors needed to agree beyond a reasonable doubt that Chauvin was guilty of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

The 25-year-old Howard, who put her modeling and acting studies on hold for the trial, is the second of the 12 jurors who deliberated to speak publicly since the verdicts were reached on April 20 in Hennepin County District Court. An alternate juror also gave interviews shortly after the trial ended.

Howard, of Minneapolis, said on Thursday, June 10, she was especially swayed by the detailed testimony of Dr. Martin Tobin, the lung specialist who bolstered the prosecution's contention that Floyd died from asphyxiation as a direct result of being pinned facedown on the pavement at 38th and Chicago on May 25, 2020, for more than 9 minutes by Chauvin and two other officers.

"He was fantastic," said Howard, who added that Tobin's credibility was enhanced by not being paid for his testimony. "He was very, very convincing. He was probably my favorite."

Among the other witnesses for the prosecution, Howard also gave high marks to Minneapolis Police Chief Medaria Arradondo.

"He shocked me with his testimony," she said. "I wasn't expecting him to be so blunt when he said this is not what we teach or how we train."

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Derek Chauvin juror: 'Every day we had to come in and watch a Black man die'
What we know about the jurors in the Derek Chauvin trial
Tensions make way to joy after jury delivers guilty verdict in Derek Chauvin case

The jurors and the global audience watching the trial online saw a substantial amount of video that showed Floyd's arrest that night, and Howard said she gave greater weight to the officers' bodycam recordings than to the bystander's viral video of Floyd's arrest and death that sent shock waves around the world.

Howard, who first spoke to nationally syndicated radio host Erica Campbell, said that even if the video from curbside witness Darnella Frazier never existed, she still would have voted to convict Chauvin.

"Her video was only one very small perspective," Howard said. "The bodycam footage and audio was more damaging against Derek Chauvin than anything else.

"When you get to be in the position of those men and hear the conversations of those men, that was overwhelming."

MORE ON BYSTANDER VIDEOS:

Minneapolis teen opens up about her viral George Floyd video As jury selection moved along last week in the fired police officer's murder trial, Darnella Frazier turned to the same outlet she used in posting the cellphone video in late May and wrote: "If you think Derek Chauvin was 'just doing his job' YOU'RE A PART OF THE PROBLEM."
People who film police violence struggle to escape what they captured Like Darnella Frazier, who simply happened to be taking her 9-year-old cousin to the store when she filmed George Floyd's final moments last year, other people who have stumbled upon and documented instances of police violence describe recording as they only thing they could do in situations where they felt helpless. Often, they end up encumbered with guilt, sleepless nights and other mental health concerns.

Reluctant to criticize the defense's case for acquittal, Howard did point out a couple of areas that fell short, including when attorney Eric Nelson raised the possibility that carbon monoxide from a squad car close to Floyd's head might have contributed to his death.

"If he was subjected to carbon monoxide, wouldn't that have been exposed to [the officers closest to Floyd] as well? That didn't hold too much water for me," Howard said.

And even if she accepted the potential for carbon monoxide poisoning, "they would have been at fault. He was in their custody."

Howard, who identified herself during the jury selection process as biracial and is the daughter of a white mother and a Black father, said she like didn't like how Nelson was so confrontational with prosecution witness Donald Williams III, another of the witnesses who stood within feet of Chauvin and Floyd. Nelson drew criticism for appearing to portray Williams as an angry Black man whose foul language and tone created a threatening atmosphere for the officers.

Nelson tried to make Williams "seem angry and emotional in a negative way," Howard said. "[Williams] did an excellent job staying poised and truthful in his testimony. I don't think it turned out as well for the defense as he wanted it to"

Chauvin's choice to exercise his constitutional right and not testify on his own behalf had little effect, Howard said.

"I wouldn't say I wanted him to," she said. "I don't want to lie, it wouldn't have made a difference to me. If he had something he really, really wanted to say to get off, he would have."

Howard declined to give an opinion on what sentence Chauvin should receive June 25, when he is scheduled to be back in court before Judge Peter Cahill.

"I think Judge Cahill is great," she said. "I fully trust in his decision-making."

She also deferred to the next group of jurors who will decide in a single trial the guilt or innocence of the other fired officers involved in Floyd's arrest: J. Alexander Kueng, Thomas Lane and Tou Thao.

Howard described the officers' first contact with Floyd over a counterfeit currency allegation and his unwillingness to get in a squad car as "a little bit of a hostile situation more than it needed to be."

Once Chauvin and two other officers had Floyd detained on the street, "they could have tried to do something or not. But at the end of the day, Mr. Chauvin was the senior officer and running things."

Read the Derek Chauvin jury questionnaire:

Howard was the second juror selected, and she explained during the jury selection process that she was "super excited" to receive her summons because she believed it was her civic duty. She said she was eager to serve regardless of the case, but especially in Chauvin's trial, given the gravity of it. "It's a very important case, not just for Hennepin County … but nationwide," she said. "It's just something everyone's heard about, talked about … No matter the decision, people are still going to talk about it."

Deliberations after more than three weeks of testimony lasted just a few hours, spanning two days before the unanimous verdicts were reached — a brief amount of time that "came as a shock to all of us" on the jury, Howard said. She pointed out that she and the other sequestered jurors had enough clothing packed to last several weeks.

"We were expecting at least through the end of that week and maybe come back Monday and be done," she said. We did not know [at the start] where everyone stood. We started having dialogue and realized we were all on the same page. We were a lot more in sync than any of us expected."