Skip to main content

New top story from Time: Derek Chauvin’s Trial Set to Begin Over the Death of George Floyd

https://ift.tt/3stiYkQ

The trial of Derek Chauvin, the former Minneapolis Police Department (MPD) officer charged with the murder of George Floyd, is set to begin on March 29 in Minneapolis. The trial comes nearly a year after Floyd’s death sparked global outcry over police brutality and racial injustice.

On May 25, 2020, Floyd died in police custody after Chauvin and three other MPD officers were called to a deli where he was being accused of using a fake $20 bill. Viral video showed Chauvin kneeling on Floyd’s neck for more than eight minutes as Floyd cried out and repeatedly told the officer he couldn’t breathe. Floyd died later that evening at the hospital. After days of protests in Minneapolis and other cities, all the officers involved were arrested on May 29.

Read more: Why The Killing of George Floyd Sparked an American Uprising

The case is being prosecuted by Minnesota Attorney General Keith Ellison, with Chauvin represented by Minneapolis-based attorney Eric Nelson. The trial is expected to last between two and four weeks.

What are the charges?

Chauvin is facing charges of 2nd-degree murder, 2nd-degree manslaughter and 3rd-degree murder. The three other former officers involved—Tou Thao, Thomas Lane and J. Alexander Kueng—all face charges of aiding and abetting the 2nd-degree murder and 2nd-degree manslaughter. Thao, Lane, and Kueng will be tried at a later date.

Each charge Chauvin faces places a different burden of proof on prosecutors. To convict him of 2nd-degree murder, they must prove that Chauvin caused the death of Floyd, even if his actions were not premeditated; for 3rd-degree murder, they need to prove that Chauvin’s actions evinced “a depraved mind” and were “eminently dangerous to others.” And to convict on manslaughter, they must prove that Chauvin behaved negligently. Each charge also carries a different potential sentence.

George Floyd's Family Announces $27 Million Wrongful Death Settlement With Minneapolis
Stephen Maturen—Getty ImagesMembers of George Floyd’s family visit the site where he was killed last year on March 12, 2021 in Minneapolis, Minnesota.

The 3rd-degree charge was reinstated by Judge Peter Cahill, the presiding judge in the case, after the Minnesota Court of Appeals ordered him to reconsider it consistent with other cases in which it had been applied. Cahill had previously dismissed the charge, explaining that he felt there wasn’t enough evidence to show that Chauvin’s actions put multiple people at risk.

Who is on the jury?

The jury selection process started on March 9 and has moved at a pace quicker than anticipated. All 12 jurors had been selected by March 22, as well as three alternates. According to Minnesota Public Radio, the jury is comprised of three Black men, one Black woman, two multiracial women, two white men and four white women.

In recent weeks, the racial makeup of the jury has been a topic of discussion; after the defense struck a Black prospective juror who spoke of experiencing racism himself and criticized Minneapolis’ police department, civil rights attorney Nekima Levy Armstrong told the Associated Press that the decision “underscores why people believe there is systemic racism at work within these judicial processes.” (The defense team cited the man’s negative opinion of the police as disqualifying and was not challenged.)

Read more: It’s a ‘Nightmare Being Replayed’ as a Cop Faces Trial in George Floyd’s Death

On March 17, Cahill dismissed two previously seated jurors because they said news of a $27 million civil settlement the Minneapolis City Council had negotiated with the Floyd family, which was announced on March 12, made it hard for them to believe that Chauvin was innocent.

Joe Margulies, a Cornell law professor who previously worked as a criminal defense attorney in Minneapolis, believes the announcement could also “hurt the prosecution” and questions why the city would make its announcement during jury selection.

“It’s a wildcard and you don’t know how it’s going to affect the jury. All you know is that it has the potential to distort [their] deliberations,” he tells TIME, adding that it could give Chauvin’s defense an avenue towards an appeal.

Who could be called as a witness?

Many witnesses are expected to testify, including Minneapolis police chief Medaria Arradondo, county medical examiner, Dr. Andrew Baker, and Darnella Frazier, the teenager who filmed Chauvin kneeling on Floyd’s neck. There will also likely be a number of expert witnesses testifying for both the prosecution and the defense.

Earlier this month, the prosecution announced plans to include some of Floyd’s friends and family members as “spark of life” witnesses. The state of Minnesota allows for this kind of testimony to humanize a crime victim for a jury.

Why is it so rare for police officers accused of brutality to face legal consequences?

“These cases are always harder than they look,” Margulies says. “You look at the video [of Floyd’s death] and you think ‘this has to be a layup for the prosecution’ but they never are.”

In many cases that seek to litigate police conduct, there is a certain level of ambiguity at play. Long before any such incident is brought to trial, police officers accused of excessive force are usually afforded the benefit of the doubt both legally and culturally; an officer can explain away their behavior by saying that an individual was non-compliant, or threatening, or could have been threatening; that they were “reaching” for a weapon, or had one on their person, or were believed to have had one. All of these potential justifications raise hurdles for prosecutors to overcome.

When a police officer’s actions have left the other individual (or individuals) dead, there is often little evidence to challenge the officer’s perspective. Floyd’s case is noteworthy, among other reasons, for the footage shot by Frazier—and for material captured by other officers’ body cameras, which is not always available despite growing calls for officer body cameras to ensure greater police accountability.

Demonstrators hold a vigil in honor of George Floyd on March 8, 2021 in Atlanta, Georgia.
Megan Varner-Getty ImagesDemonstrators hold a vigil in honor of George Floyd on March 8, 2021 in Atlanta, Georgia. Jury selection was paused today in the trial of former Minneapolis police officer Derek Chauvin, who is charged in Floyd’s death.

“Our society tends to be more sympathetic to the police,” says Daniel Nagin, a public policy professor at Carnegie Mellon. “Part of that sympathy comes from them having a very dangerous job.” In just a few examples thereof, investigations, to the police killings of Michael Brown in 2014, Jamar Clark in 2015, Alton Sterling in 2016, and Stephon Clark in 2018 all ended with no charges filed against the officers involved.

Even when a killing by a police officer leads to a criminal trial, jurors are more willing to accept the word of officers over a competing or oppositional narrative. (In Chauvin’s trial, the defense is expected to argue that Floyd’s death was the result of toxicants found in his bloodstream during an autopsy, for example, rather than from the knee that Chauvin had on his neck.)

Read more: Why Police Trials For Civilian Killings Are So Rare

There are widespread concerns that, if Chauvin is not convicted, Minneapolis will again erupt in protests. The city has already put up more than $600,000 in barriers around city buildings and police stations in case of unrest.

Chauvin’s arrest was “100% performative,” Oluchi Omeoga, a Minneapolis-based activist with the Black Visions Collective, tells TIME. “There was a lot of external pressure… I thought it was more symbolic than anything else. Changes come from completely changing the system.”

Omeoga, who has little faith in the trial’s outcome, says that the time since Floyd’s death has been a year of community and coalition building. “My job as an organizer is to help our older folks and younger folks dream of a world that does not exist yet,” Omeoga explains. “We’re trying to create something that has never existed in our lifetime.”

Comments

Popular posts from this blog

New top story from Time: The 5 Best New Shows Our TV Critic Watched in March 2021

https://ift.tt/3sHZ3ia If my memories of 2019 are correct, March tends to be a month of anticipation even in relatively normal times. The snow has melted, but the trees are still bare. The temperature’s rising, but not consistently enough to put your winter coat in storage. All of that nervous early-spring energy is heightened this year, as we wait our turns in the vaccination queue and cross our fingers that the variants won’t halt our progress toward herd immunity. My favorite new TV shows of the month—a detective story set in Northern Ireland, a pulpy Spanish thriller, a mouthwatering kids’ show, a docudrama filled with ecstatic musical numbers and a nostalgic blast from reality TV’s primordial past—probably say a lot about how I’m dealing with that impatience: through the pursuit of big, bright, unapologetically entertaining distractions. Maybe you’d like to do the same? Bloodlands (Acorn TV) Although they officially ended in 1998, the decades of political conf...

FOX NEWS: 'Lego Master' artist explains his job creating building challenges for contestants It takes almost as much creativity finding a Lego Master as it does to become one.

'Lego Master' artist explains his job creating building challenges for contestants It takes almost as much creativity finding a Lego Master as it does to become one. via FOX NEWS https://ift.tt/3yhaAqx

FOX NEWS: California couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell.

California couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell. via FOX NEWS https://ift.tt/3BKWsrb

Happy Lunar New Year 2022: Year of the Tiger 

Happy Lunar New Year 2022: Year of the Tiger  By Pamela Johnson Lunar New Year is one of the biggest holidays celebrated in many Asian communities. Diverse San Franciscan communities including Chinese, Japanese, Korean, and Vietnamese people have long celebrated this festive occasion.  For many, the Lunar New Year brings a fresh mindset and resolutions for happiness and health. A zodiac animal with specific traits represents each year in the repeating zodiac cycle of 12 years. 2022 is the Year of the Tiger, the third animal in the zodiac. The tiger is considered courageous and adventurous.   The holiday follows the moon's cycles and usually begins in late January or early February. This year Lunar New Year begins February 1.   Fun Fact: In the lunar calendar, the Vietnamese zodiac and the Chinese zodiac are similar, but the Vietnamese zodiac includes a cat while the Chinese ...

FOX NEWS: Hurricane Ida forces dogs and cats to be airlifted from Louisiana, Mississippi to shelters across US As Hurricane Ida hits the South, animal shelters nationwide have been helping cats and dogs escape affected areas.

Hurricane Ida forces dogs and cats to be airlifted from Louisiana, Mississippi to shelters across US As Hurricane Ida hits the South, animal shelters nationwide have been helping cats and dogs escape affected areas. via FOX NEWS https://ift.tt/3kHFCmR

FOX NEWS: Crossword Puzzle of the Week: August 25 Take Fox News' Crossword Puzzle of the Week and test your knowledge of Country music.

Crossword Puzzle of the Week: August 25 Take Fox News' Crossword Puzzle of the Week and test your knowledge of Country music. via FOX NEWS https://ift.tt/3mx0hMX

Fulton Street Sees Transit and Safety Improvements

Fulton Street Sees Transit and Safety Improvements By Shalon Rogers A temporary transit bulb was recently installed at 8th Avenue and Fulton, reducing travel time for the 5 Fulton and 5R Fulton Rapid and making boarding safer. For those who ride the 5 Fulton or 5R Fulton Rapid in the Richmond District, you may have recently noticed something new about the bus stops on Fulton Street at 6th and 8th avenues. And perhaps you noticed that your bus ride seemed to go slightly faster or with less disruption. Two new temporary transit bulbs installed at 6th Avenue eastbound and 8th Avenue westbound bring safety and transit benefits to Fulton Street in advance of the planned construction of permanent bulbs and are part of the Fulton Street Safety and Transit Project . Six permanent transit bulbs between Arguello and 10th Avenue are ultimately planned, which will save time and improve reliability for riders on the 5 Fulton and 5R Fulton Rapid by reducing the time it takes for buses to pull...

New top story from Time: The 23 Most Anticipated Movies of Fall 2021

https://ift.tt/3jmOizz At long last, the final blockbusters that were supposed to arrive in 2020 are hitting re-opened movie theaters. This will be the last time to see Daniel Craig as James Bond —but the first time to glimpse Angelina Jolie as the Marvel immortal Thena in Eternals , which sees Oscar-winning director Chloé Zhao join the Marvel Cinematic Universe . It remains to be seen how the Delta variant will affect in-person moviegoing this fall; the movies below represent a mix of streaming, theatrical-only and hybrid release models. But however you get your movie fix this fall, there’s no question the circumstances of the past 18 months have yielded quite a bounty. [time-brightcove not-tgx=”true”] Here are the most notable films hitting theaters and streaming platforms this fall. Cinderella (Sept. 3) The centuries-old fairy tale gets a modern retelling as a jukebox musical on Amazon Prime, with the pop star Camila Cabello donning the glass slipper. This vers...

FOX NEWS: Students sing to teacher with stage 4 cancer outside hospital: 'It was overwhelming' In an emotional goodbye visit, 26 children sang worship songs prior to Carol Mack's move to hospice care

Students sing to teacher with stage 4 cancer outside hospital: 'It was overwhelming' In an emotional goodbye visit, 26 children sang worship songs prior to Carol Mack's move to hospice care via FOX NEWS https://ift.tt/3GWyQ6G

New top story from Time: Half of U.S. Workers Favor Employee COVID-19 Vaccine Mandates, Poll Finds

https://ift.tt/3kqAHXc (NEW YORK) — Half of American workers are in favor of vaccine requirements at their workplaces, according to a new poll , at a time when such mandates gain traction following the federal government’s full approval of Pfizer’s COVID-19 vaccine. The poll from The Associated Press-NORC Center for Public Affairs Research shows that about 59% of remote workers favor vaccine requirements in their own workplaces, compared with 47% of those who are currently working in person. About one-quarter of workers — in person and remote — are opposed. The sentiment is similar for workplace mask mandates, with 50% of Americans working in person favoring them and 29% opposed, while 59% of remote workers are in favor. [time-brightcove not-tgx=”true”] About 6 in 10 college graduates, who are more likely to have jobs that can be done remotely, support both mask and vaccine mandates at their workplaces, compared with about 4 in 10 workers without college degrees. Christo...