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Thread: Derek Chauvin Sentenced to 22 Years and 6 Months in 2020 MN Death of George Floyd

  1. #31
    Administrator Moh's Avatar
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    As I have previously said, find me 12 potential jurors in America who haven't heard of this case.
    As I understand it, the legal standard is not whether or not potential jurors have ever heard about a case--which, would've of course been ridiculous in the Chauvin case. Instead, it is whether the potential juror can keep an open mind. The juror in question wore a T-shirt with a message which referred specifically to the Chauvin case. It's fair to suppose that no one forced him to wear that shirt. The T-shirt, in tandem with other comments he's made, do raise serious questions as to his capacity for fairness.

    Plus, the trial simply should've been moved out of Minneapolis. At least one juror has already said she was scared of being doxxed, other intimidation and rioting.

  2. #32
    Senior Member CnCP Legend JLR's Avatar
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    I'm aware of the standard. I was responding to Mike's comment about the mere fact that he was aware of the case was enough to get him kicked off the jury. Whilst I can see why someone could question his impartiality after seeing that t shirt. I don' think it would be enough. As I've previously shown with the other cases getting the verdict overturned because of a biased juror is very difficult. The shirt doesnt specifically mention Chauvin or makes any comment on his guilt. It references the case but not just that. The main focal point of the shirt is a picture of MLk at a civil rights rally.

    For a more clear parallel, you can look at some of the jurors that were accepted on the Boston Bomber Marathon case.

    "Juror 349: A woman who designs women's clothing for a startup firm. She told the court she believes Tsarnaev is guilty but is unsure about the death penalty."

    "Juror 35: A man who works for the Massachusetts Department of Energy Resources. He told the court that he attended a fund-raiser for marathon bombing victims and donated $50 or $75 and that he was open to life or death sentences in this case based on the evidence."

    "Juror 487: A woman who's a single parent with three children at home. She told the court she believes Tsarnaev is guilty but is unsure about the death penalty. She says she bought a "Boston Strong" T-shirt for a nephew"


    "Juror 395: A woman who's a legal executive assistant for a managing director of a corporation. She told the court she believes Tsarnaev is guilty but is unsure about the death penalty

    "Juror 286: A woman who supervises about 50 workers at a restaurant. She told the court she has been high-fived for wearing a "Boston Strong" shirt and that she could vote for the death penalty"

    That's over a third of the jury who had already decided Tsarnaev was guilty, attended a fundraiser for the victims or wore/purchased a tshirt specifically referencing the case ( and nothing else). One juror has strangers from the community coming up to her and praising her for wearing the tshirt. If they are all okay then you would argue so is the juror in the Chauvin case.

  3. #33
    Senior Member Frequent Poster schmutz's Avatar
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    Tsarnaev's attorney effectively conceded guilt, but was looking for that one juror that might hold out against death. Had there been any attempt to contest the charges and avoid guilt itself I don't think any of those jurors would have been seated.
    Last edited by schmutz; 05-06-2021 at 10:51 AM.

  4. #34
    Administrator Aaron's Avatar
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    In all honesty if I were Tsarnaev I wouldn't have wanted a change of venue. Name a place more likely to spare a terrorist from the death penalty than Massachusetts.
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  5. #35
    Senior Member Frequent Poster schmutz's Avatar
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    West of the Connecticut River might have been a better spot if he could choose. Wherever the Yankee fans outnumber the Red Sox fans the bombing would not have been taken so personally that he might have stood a chance. I've still got a bunch of friends in Greater Boston and a few of them who normally oppose the death penalty were quite willing to make an exception.

  6. #36
    Senior Member CnCP Legend Neil's Avatar
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    Vermont probably never would’ve have sentenced Tsarnaev to death either. Wouldn’t you agree Schmutz? Well since I went back and looked a better question to you would’ve been had Maine sentenced him to death? Vermont falls west of the river.
    Last edited by Neil; 05-06-2021 at 04:28 PM.

  7. #37
    Senior Member Frequent Poster schmutz's Avatar
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    A Portland-area jury might let him live, the rest of the state would be long odds. As for Vermont, if the trial is in Burlington his odds are as good as Portland, but I wouldn't count on a Rutland jury showing mercy.
    Last edited by schmutz; 05-06-2021 at 05:12 PM.

  8. #38
    Quote Originally Posted by Moh View Post
    While I think the Tsarnaev trial should have been moved out of Boston, the difference between that case and the Chauvin case is that the threat of violence against the Chauvin jurors was much more credible (that is, had they acquitted him or convicted him solely on manslaughter)--there was extensive rioting last year over the very same case and some witness intimidation recently (pig's blood smeared on a witness' door). There is absolutely no reason to think that there wouldn't have been a good possibility that these jurors would have been doxxed and subsequently harrassed or have been subject to physical attacks.

    Aaron, I didn't follow the Chauvin trial proceedings closely. In terms of evidence, how did the prosecution prove beyond a reasonable doubt that Chauvin had actually killed Floyd?I had read or heard that Floyd had taken more than enough fentanyl to kill a horse, that he had been claiming he couldn't breathe while he was still in the car and that there had been no damage to his windpipe and such from Chauvin's knee (plus some debate about whether Chauvin's knee was on Floyd's back, neck or "neck area").
    They didn't.

    I am subscribed here to receive updates on the state's case: https://mncourts.gov/media/StateofMi...avDerekChauvin , I am wondering if such a thing is available for the federal case & if so then can someone point me in the right direction?

  9. #39
    Senior Member Frequent Poster schmutz's Avatar
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    They didn't have to. Once third-degree assault was established, all that was needed was to prove that Chauvin's actions contributed to his death, even if they weren't the primary cause for second-degree felony murder.

  10. #40
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    Derek Chauvin to be sentenced Friday in murder of George Floyd

    MINNEAPOLIS — Former Minneapolis police officer Derek Chauvin will be sentenced Friday for the May 2020 murder of George Floyd.

    On April 20, a jury found Chauvin guilty of second-degree manslaughter, second-degree murder and third-degree murder in Floyd’s death, making him the first white police officer to be found guilty of murdering a Black man in Minnesota. Floyd’s death was viewed around the world in a bystander video that captured Chauvin kneeling on his neck for more than nine minutes on May 25, 2020.

    Chauvin was found guilty on all three counts. But because the three charges are for the same "course of conduct," or related to the same crime, the sentence for the most serious count will determine how long Chauvin stays in prison. That crime is second-degree unintentional murder, and under Minnesota sentencing guidelines the presumptive sentence is 12 and a half years for a person without a criminal record. However, the statute allows for an upward departure if there are "aggravating factors."

    Prosecutors argued there were five specific aggravating factors, and on May 12, Judge Peter Cahill agreed with the state on four of them:

    Defendant abused a position of trust and authority
    Defendant treated George Floyd with particular cruelty
    Children were present during the commission of the offense
    Defendant committed the crime as a group with the active participation of at least three other persons

    Cahill ruled that one aggravating factor was not proven beyond a reasonable doubt: that Floyd was particularly vulnerable during the detainment.

    Because of the aggravating factors, Cahill can sentence Chauvin to a statutory maximum of 40 years, but that's highly unlikely because prosecutors have only asked for a 30-year sentence. Experts say 30 years is likely the maximum, and Cahill could sentence Chauvin to less than that. The defense asked for a lesser sentence, even as low as probation.

    State sentencing guidelines recommend a maximum of 15 years for a person with no criminal history. Prosecutors are generally hesitant to ask for more than double that when they ask for an upward departure, due to the possibility of an appeal if the sentence is much heavier than comparable cases

    The sentencing will take place Friday at 1:30 p.m. in Minneapolis. Although Chauvin invoked his Fifth Amendment right to remain silent and not testify at his own trial, he could potentially choose to speak at the sentencing hearing. The family and loved ones of George Floyd will also have an opportunity to deliver victim impact statements.

    This week Cahill granted a request for Chauvin to be sentenced in civilian clothes, which is common at criminal sentencing hearings.

    Floyd family attorney Ben Crump and civil rights leader Rev. Al Sharpton plan to hold a news conference outside the Hennepin County Courthouse after the sentencing.

    The Hennepin County Government Center, where the sentencing will take place, will be closed to the public Friday. Services will still be offered online and by phone, according to the county.

    "Hennepin County’s role in the trial is to ensure that the Fourth Judicial District Court can conduct business in a safe and effective manner," the county said in a news release Thursday. "The public plazas remain open to the public Friday."

    Three other former officers, Thomas Lane, J. Alexander Kueng and Tou Thao are all charged with aiding and abetting second-degree murder, and aiding and abetting second-degree manslaughter. Their joint trial is scheduled for March 2022.

    In addition to the state charges, in May all four officers were also indicted by a federal grand jury on charges of violating Floyd’s civil rights. Conviction on a federal civil rights charge is punishable by up to life in prison or even the death penalty, but those stiff sentences are extremely rare and federal sentencing guidelines rely on complicated formulas that indicate the officers would get much less if convicted.

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