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29 martie 2021

Opening statements scheduled Monday in Derek Chauvin murder trial 

Opening arguments delivered in trial of Derek Chauvin, officer charged with murdering George Floyd


"Opening statements get underway next week in the trial of former Minneapolis Police Officer, #DerekChauvin accused in the death of George Floyd last May Chauvin faces murder in the second degree and other charges in a case that launched protests around the nation and around the world here to tell us what we can expect is legal analyst Ricky klieman, Ricky.  So what are the charges that Derek Chauvin is facing and what are the possible penalties? Derek Chauvin is facing three charges. The highest charge is murder in the second degree. It has a penalty maximum of 40 years. This is not premeditated not intentional murder. The theory of this charge is felony murder and the underlying felony is an intentional assault that actually reached a point of putting George Floyd in substantial danger of losing his life the second charge underneath the Is murder in the third degree that charge in Minnesota carries a penalty of 25 years it always was used for a reckless act involving more than one person like shooting into a group of people a crowd of people but the intermediate Appellate Court said in this case that it can be used and so it is being used and then finally we have manslaughter in the second degree a 10-year maximum penalty. And when you look at that that is a much lower standard we're talking about culpable negligence that is putting someone at an unreasonable risk of serious bodily injury or death. If he is convicted of either of the murder counts murder in the second degree murder in the third degree. The sentencing guidelines means he would do something like 10 and 3/4 to 15 years in prison Ricky. What's the what's the strongest? Mint in your judgment from the defense and what do you expect from them? And then also what's the strongest argument for the prosecution? Well, the prosecution obviously has a strong argument simply by that video. And if I'm the prosecutor, I wait in my opening statements for almost nine minutes in silence or if given permission, I put forth that video that is a very long time. This is not a police officer making a split-second decision. But the defense has a very viable two-pronged attacked. The first is cause of death was it in fact Act the knee on the neck of George Floyd put there by Derek Chauvin that caused the death or was it his condition underneath of heart disease plus the ingestion of a very great amount of drugs methamphetamine and the finding of 11 nanograms of fentanyl free nanograms. If someone died at home alone would be considered a drug overdose second prong of the defense. Jeff has to do with the use of force and his training was the force that he used reasonable should it have been used by a police officer in that situation and there will be testimony by experts on both sides whether or not this was part of his training and therefore he thought it was perfectly reasonable or whether it was in fact Beyond The Pale perhaps even because of the time involved going close to nine minutes. A phenomenal amount of time Ricky no sooner did jury selection get started then the city settle a civil case with a family 427 million dollars. Will this be an issue can Chauvin get a fair trial considering this? This was certainly be an issue for appeal. You can't get the elephant out of the room. Most of those jurors had a negative impression of Derek toven when you hear 27 million dollar settlement you Have to believe he is guilty of something very very serious Ricky klieman, as always"


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