Derek Chauvins conviction is progress, but it will do nothing to change urban policing on its own

Author : LavadaCrooks
Publish Date : 2021-04-21 05:42:44
Derek Chauvins conviction is progress, but it will do nothing to change urban policing on its own

Jury says Derek Chauvin guilty of all charges in George Floyd's death

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MINNEAPOLIS – The guilty verdict returned by jurors Tuesday in the murder trial of former police officer Derek Chauvin was a reason for joy among many, especially in the Black community. But it was also a vivid demonstration of what the criminal justice system could be if prosecutors went after all "bad cops" with the same gusto, legal observers said.

During the 42-day trial, jurors heard from 45 witnesses and listened to hours of technical testimony about whether Chauvin, who pinned George Floyd to the ground under his knee for 9 1/2 minutes, actually caused his death. In the end, jurors unanimously agreed, he did.

They convicted Chauvin on all three counts: second- and third-degree murder and second-degree manslaughter.

Start the day smarter. Get all the news you need in your inbox each morning.

But that does little to assuage longstanding problems with how people of color are treated by the criminal justice system. Nor does it necessarily impact how other cases like the police shooting of Daunte Wright in nearby Brooklyn Center, Minnesota, will be handled. That's because of the entrenched culture of policing and prosecuting, experts said, but also because of the unique aspects of this case.

"What the verdict (says) is when you have such an egregious act that shocks the conscience of the usually oblivious and unconcerned white mainstream, then prosecutors and policing culture will come to the bar of justice and do the right thing –which is testify against this officer," said Connie Rice, a prominent civil rights attorney and former member of President Obama's Task Force on 21st Century Policing.

Benjamin Crump, Malcolm Goodwin, Al Sharpton, Jesse Jackson posing for the camera: Philonise Floyd, Attorney Ben Crump and the Rev, Al Sharpton, from left, react after a guilty verdict was announced at the trial of former Minneapolis police Officer Derek Chauvin for the 2020 death of George Floyd, Tuesday, April 20, 2021, in Minneapolis, Minn. Former Minneapolis police Officer Derek Chauvin has been convicted of murder and manslaughter in the death of Floyd.© Julio Cortez, AP Philonise Floyd, Attorney Ben Crump and the Rev, Al Sharpton, from left, react after a guilty verdict was announced at the trial of former Minneapolis police Officer Derek Chauvin for the 2020 death of George Floyd, Tuesday, April 20, 2021, in Minneapolis, Minn. Former Minneapolis police Officer Derek Chauvin has been convicted of murder and manslaughter in the death of Floyd.

"But," she said, "a victory in this trial is a confirmation of the massive failure of our broad system."

Jurors concluded that Chauvin had intentionally committed third-degree assault on Floyd when he pinned him to the ground, handcuffed, and pressed his knee into his neck. And, they concluded, the assault resulted in Floyd's murder, even though Chauvin may not have meant to kill him.

Chauvin faces a recommended 12 1/2 years in prison under sentencing guidelines for first-time offenders, but the prosecution wants a longer sentence — up to 30 years — due to aggravating factors. The decision is up to Cahill. 

"I would not call today's verdict, justice ... because justice implies true restoration," said Minnesota Attorney General Keith Ellison, whose office handled the prosecution. "But it is accountability, which is the first step towards justice. And now the cause of justice is in your hands. And when I say your hands, I mean the hands of the people of the United States."

a group of people looking at a screen: Derek Chauvin is lead out of the courtroom in handcuffs after a guilty verdict is read during the trial of Derek Chauvin of the death of George Floyd at the courthouse in Minneapolis on April 20, 2021.© Court TV/Handout, USA TODAY NETWORK Derek Chauvin is lead out of the courtroom in handcuffs after a guilty verdict is read during the trial of Derek Chauvin of the death of George Floyd at the courthouse in Minneapolis on April 20, 2021.

The sequestered jury provided their verdict a day after closing statements, and hours after President Joe Biden said he believed the evidence overwhelmingly supported a guilty verdict in the trial.

It's rare for a police officer to be convicted for killing someone on duty, "but this whole thing is rare," said retired Redlands, California, police Chief Jim Bueermann, the former president of the National Police Foundation, a nonprofit think tank. He said he wasn't sure there would be any impact on policing in the U.S., especially because "most cops believe American policing is under attack."

"Obviously, there are lots of police fatal uses of force," Bueermann said, noting that the number hovers around 1,000 people per year. "But taken in its totality, this case is unprecedented in many ways."

Those unique factors include the manner in which Chauvin killed Floyd, that he did it for so long even as bystanders recorded video and begged him to stop, and that he didn't relent even after at least one other officer suggested they reposition Floyd.

The circumstances of Floyd's death meant lead defense attorney Eric Nelson was not able to utilize the usual "split-second" argument used when officers shoot someone.

Attorney John Burris represented Rodney King, a Black man who was beaten by white Los Angeles police officers 30 years ago while a neighbor recorded it. The four officers were acquitted of criminal charges; within hours, five days of rioting in Los Angeles began.

Burris said it was easier for jurors to convict Chauvin if they saw him as "a cold, ruthless person – unkind, unfeeling." Chauvin, wearing a surgical mask, showed little emotion during the case and when the jury read its verdict.

"This trial is unique," Rice said, in part because it was a "lynching" in which Chauvin showed bystanders he could do what he wanted, for 9 1/2 minutes, and they were powerless to stop it.

The verdict "will do nothing to change the physics of urban policing," Rice said. She said the circumstances of this case probably won't be repeated, "where you see the code of silence broken, you see the blue wall of impunity pierced. You see prosecutors going after a police officer at a level that they go after criminals daily."

In his closing argument, prosecutor Steve Schleicher said this was a "pro-police" case.

“The defendant is not on trial for being a police officer, he’s not on trial for who he was, he’s on trial for what he did,” he told jurors.

Evidence against Chauvin was overwhelming

Legal experts who watched the trial praised prosecutors' performance and said they presented overwhelming evidence against Chauvin.

"The prosecution presented an incredibly strong ca

Jury says Derek Chauvin guilty of all charges in George Floyd's death

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MINNEAPOLIS – The guilty verdict returned by jurors Tuesday in the murder trial of former police officer Derek Chauvin was a reason for joy among many, especially in the Black community. But it was also a vivid demonstration of what the criminal justice system could be if prosecutors went after all "bad cops" with the same gusto, legal observers said.

During the 42-day trial, jurors heard from 45 witnesses and listened to hours of technical testimony about whether Chauvin, who pinned George Floyd to the ground under his knee for 9 1/2 minutes, actually caused his death. In the end, jurors unanimously agreed, he did.

They convicted Chauvin on all three counts: second- and third-degree murder and second-degree manslaughter.

Start the day smarter. Get all the news you need in your inbox each morning.

But that does little to assuage longstanding problems with how people of color are treated by the criminal justice system. Nor does it necessarily impact how other cases like the police shooting of Daunte Wright in nearby Brooklyn Center, Minnesota, will be handled. That's because of the entrenched culture of policing and prosecuting, experts said, but also because of the unique aspects of this case.

"What the verdict (says) is when you have such an egregious act that shocks the conscience of the usually oblivious and unconcerned white mainstream, then prosecutors and policing culture will come to the bar of justice and do the right thing –which is testify against this officer," said Connie Rice, a prominent civil rights attorney and former member of President Obama's Task Force on 21st Century Policing.

Benjamin Crump, Malcolm Goodwin, Al Sharpton, Jesse Jackson posing for the camera: Philonise Floyd, Attorney Ben Crump and the Rev, Al Sharpton, from left, react after a guilty verdict was announced at the trial of former Minneapolis police Officer Derek Chauvin for the 2020 death of George Floyd, Tuesday, April 20, 2021, in Minneapolis, Minn. Former Minneapolis police Officer Derek Chauvin has been convicted of murder and manslaughter in the death of Floyd.© Julio Cortez, AP Philonise Floyd, Attorney Ben Crump and the Rev, Al Sharpton, from left, react after a guilty verdict was announced at the trial of former Minneapolis police Officer Derek Chauvin for the 2020 death of George Floyd, Tuesday, April 20, 2021, in Minneapolis, Minn. Former Minneapolis police Officer Derek Chauvin has been convicted of murder and manslaughter in the death of Floyd.

"But," she said, "a victory in this trial is a confirmation of the massive failure of our broad system."

Jurors concluded that Chauvin had intentionally committed third-degree assault on Floyd when he pinned him to the ground, handcuffed, and pressed his knee into his neck. And, they concluded, the assault resulted in Floyd's murder, even though Chauvin may not have meant to kill him.

Chauvin faces a recommended 12 1/2 years in prison under sentencing guidelines for first-time offenders, but the prosecution wants a longer sentence — up to 30 years — due to aggravating factors. The decision is up to Cahill. 

"I would not call today's verdict, justice ... because justice implies true restoration," said Minnesota Attorney General Keith Ellison, whose office handled the prosecution. "But it is accountability, which is the first step towards justice. And now the cause of justice is in your hands. And when I say your hands, I mean the hands of the people of the United States."

a group of people looking at a screen: Derek Chauvin is lead out of the courtroom in handcuffs after a guilty verdict is read during the trial of Derek Chauvin of the death of George Floyd at the courthouse in Minneapolis on April 20, 2021.© Court TV/Handout, USA TODAY NETWORK Derek Chauvin is lead out of the courtroom in handcuffs after a guilty verdict is read during the trial of Derek Chauvin of the death of George Floyd at the courthouse in Minneapolis on April 20, 2021.

The sequestered jury provided their verdict a day after closing statements, and hours after President Joe Biden said he believed the evidence overwhelmingly supported a guilty verdict in the trial.

It's rare for a police officer to be convicted for killing someone on duty, "but this whole thing is rare," said retired Redlands, California, police Chief Jim Bueermann, the former president of the National Police Foundation, a nonprofit think tank. He said he wasn't sure there would be any impact on policing in the U.S., especially because "most cops believe American policing is under attack."

"Obviously, there are lots of police fatal uses of force," Bueermann said, noting that the number hovers around 1,000 people per year. "But taken in its totality, this case is unprecedented in many ways."

Those unique factors include the manner in which Chauvin killed Floyd, that he did it for so long even as bystanders recorded video and begged him to stop, and that he didn't relent even after at least one other officer suggested they reposition Floyd.

The circumstances of Floyd's death meant lead defense attorney Eric Nelson was not able to utilize the usual "split-second" argument used when officers shoot someone.

Attorney John Burris represented Rodney King, a Black man who was beaten by white Los Angeles police officers 30 years ago while a neighbor recorded it. The four officers were acquitted of criminal charges; within hours, five days of rioting in Los Angeles began.

Burris said it was easier for jurors to convict Chauvin if they saw him as "a cold, ruthless person – unkind, unfeeling." Chauvin, wearing a surgical mask, showed little emotion during the case and when the jury read its verdict.

"This trial is unique," Rice said, in part because it was a "lynching" in which Chauvin showed bystanders he could do what he wanted, for 9 1/2 minutes, and they were powerless to stop it.

The verdict "will do nothing to change the physics of urban policing," Rice said. She said the circumstances of this case probably won't be repeated, "where you see the code of silence broken, you see the blue wall of impunity pierced. You see prosecutors going after a police officer at a level that they go after criminals daily."

In his closing argument, prosecutor Steve Schleicher said this was a "pro-police" case.

“The defendant is not on trial for being a police officer, he’s not on trial for who he was, he’s on trial for what he did,” he told jurors.

Evidence against Chauvin was overwhelming

Legal experts who watched the trial praised prosecutors' performance and said they presented overwhelming evidence against Chauvin.

"The prosecution presented an incredibly strong case," said Ted Sampsell-Jones, a professor at Mitchell Hamline School of Law in neighboring St. Paul. "The defense lawyers were totally overmatched."

Legal observers said the totality of the prosecution's testimony was insurmountable as Minneapolis police officials and policing experts denounced Chauvin's actions as excessive, unreasonable and out of policy.

Several key witnesses were particularly powerful, said Mary Moriarty, the former chief public defender for Hennepin County: bystanders like Darnella Frazier, who recorded the viral video; Dr. Martin Tobin, a medical expert; and Minneapolis police Chief Medaria Arradondo, who told jurors Chauvin violated the department’s policies and his actions did not reflect “our ethics or our values.”

In his closing statement, prosecutor Steve Schleicher described bystanders as "random members of the community, all converged by fate at one single moment in time to witness" what happened –– and then to bring their testimony to jurors.

"We got to meet them all as human beings," Moriarty said, noting that Frazier was a minor at the time.

When Nelson asked Frazier if recording the video changed her life, that allowed prosecutors to ask her to elaborate. 

"When I look at George Floyd, I look at my dad, I look at my brothers, I look at my cousins, my uncles," Frazier said, her voice cracking. She said she stayed up late some nights "apologizing and apologizing to George Floyd for not doing more and not physically interacting and not saving his life."

But, she said, "it’s not what I should have done. It’s what he (Chauvin) should have done."

a man wearing a suit and tie: Crucial moments from former Minneapolis police officer Derek Chauvin© COURT TV Crucial moments from former Minneapolis police officer Derek Chauvin's trial in the death of George Floyd.

Jury says Derek Chauvin guilty of all charges in George Floyd's death

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TWEET

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EMAIL

Click to expand

UP NEXT

MINNEAPOLIS – The guilty verdict returned by jurors Tuesday in the murder trial of former police officer Derek Chauvin was a reason for joy among many, especially in the Black community. But it was also a vivid demonstration of what the criminal justice system could be if prosecutors went after all "bad cops" with the same gusto, legal observers said.

During the 42-day trial, jurors heard from 45 witnesses and listened to hours of technical testimony about whether Chauvin, who pinned George Floyd to the ground under his knee for 9 1/2 minutes, actually caused his death. In the end, jurors unanimously agreed, he did.

They convicted Chauvin on all three counts: second- and third-degree murder and second-degree manslaughter.

Start the day smarter. Get all the news you need in your inbox each morning.

But that does little to assuage longstanding problems with how people of color are treated by the criminal justice system. Nor does it necessarily impact how other cases like the police shooting of Daunte Wright in nearby Brooklyn Center, Minnesota, will be handled. That's because of the entrenched culture of policing and prosecuting, experts said, but also because of the unique aspects of this case.

"What the verdict (says) is when you have such an egregious act that shocks the conscience of the usually oblivious and unconcerned white mainstream, then prosecutors and policing culture will come to the bar of justice and do the right thing –which is testify against this officer," said Connie Rice, a prominent civil rights attorney and former member of President Obama's Task Force on 21st Century Policing.

Benjamin Crump, Malcolm Goodwin, Al Sharpton, Jesse Jackson posing for the camera: Philonise Floyd, Attorney Ben Crump and the Rev, Al Sharpton, from left, react after a guilty verdict was announced at the trial of former Minneapolis police Officer Derek Chauvin for the 2020 death of George Floyd, Tuesday, April 20, 2021, in Minneapolis, Minn. Former Minneapolis police Officer Derek Chauvin has been convicted of murder and manslaughter in the death of Floyd.© Julio Cortez, AP Philonise Floyd, Attorney Ben Crump and the Rev, Al Sharpton, from left, react after a guilty verdict was announced at the trial of former Minneapolis police Officer Derek Chauvin for the 2020 death of George Floyd, Tuesday, April 20, 2021, in Minneapolis, Minn. Former Minneapolis police Officer Derek Chauvin has been convicted of murder and manslaughter in the death of Floyd.

"But," she said, "a victory in this trial is a confirmation of the massive failure of our broad system."

Jurors concluded that Chauvin had intentionally committed third-degree assault on Floyd when he pinned him to the ground, handcuffed, and pressed his knee into his neck. And, they concluded, the assault resulted in Floyd's murder, even though Chauvin may not have meant to kill him.

Chauvin faces a recommended 12 1/2 years in prison under sentencing guidelines for first-time offenders, but the prosecution wants a longer sentence — up to 30 years — due to aggravating factors. The decision is up to Cahill. 

"I would not call today's verdict, justice ... because justice implies true restoration," said Minnesota Attorney General Keith Ellison, whose office handled the prosecution. "But it is accountability, which is the first step towards justice. And now the cause of justice is in your hands. And when I say your hands, I mean the hands of the people of the United States."

a group of people looking at a screen: Derek Chauvin is lead out of the courtroom in handcuffs after a guilty verdict is read during the trial of Derek Chauvin of the death of George Floyd at the courthouse in Minneapolis on April 20, 2021.© Court TV/Handout, USA TODAY NETWORK Derek Chauvin is lead out of the courtroom in handcuffs after a guilty verdict is read during the trial of Derek Chauvin of the death of George Floyd at the courthouse in Minneapolis on April 20, 2021.

The sequestered jury provided their verdict a day after closing statements, and hours after President Joe Biden said he believed the evidence overwhelmingly supported a guilty verdict in the trial.

It's rare for a police officer to be convicted for killing someone on duty, "but this whole thing is rare," said retired Redlands, California, police Chief Jim Bueermann, the former president of the National Police Foundation, a nonprofit think tank. He said he wasn't sure there would be any impact on policing in the U.S., especially because "most cops believe American policing is under attack."

"Obviously, there are lots of police fatal uses of force," Bueermann said, noting that the number hovers around 1,000 people per year. "But taken in its totality, this case is unprecedented in many ways."

Those unique factors include the manner in which Chauvin killed Floyd, that he did it for so long even as bystanders recorded video and begged him to stop, and that he didn't relent even after at least one other officer suggested they reposition Floyd.

The circumstances of Floyd's death meant lead defense attorney Eric Nelson was not able to utilize the usual "split-second" argument used when officers shoot someone.

Attorney John Burris represented Rodney King, a Black man who was beaten by white Los Angeles police officers 30 years ago while a neighbor recorded it. The four officers were acquitted of criminal charges; within hours, five days of rioting in Los Angeles began.

Burris said it was easier for jurors to convict Chauvin if they saw him as "a cold, ruthless person – unkind, unfeeling." Chauvin, wearing a surgical mask, showed little emotion during the case and when the jury read its verdict.

"This trial is unique," Rice said, in part because it was a "lynching" in which Chauvin showed bystanders he could do what he wanted, for 9 1/2 minutes, and they were powerless to stop it.

The verdict "will do nothing to change the physics of urban policing," Rice said. She said the circumstances of this case probably won't be repeated, "where you see the code of silence broken, you see the blue wall of impunity pierced. You see prosecutors going after a police officer at a level that they go after criminals daily."

In his closing argument, prosecutor Steve Schleicher said this was a "pro-police" case.

“The defendant is not on trial for being a police officer, he’s not on trial for who he was, he’s on trial for what he did,” he told jurors.

Evidence against Chauvin was overwhelming

Legal experts who watched the trial praised prosecutors' performance and said they presented overwhelming evidence against Chauvin.

"The prosecution presented an incredibly strong case," said Ted Sampsell-Jones, a professor at Mitchell Hamline School of Law in neighboring St. Paul. "The defense lawyers were totally overmatched."

Legal observers said the totality of the prosecution's testimony was insurmountable as Minneapolis police officials and policing experts denounced Chauvin's actions as excessive, unreasonable and out of policy.

Several key witnesses were particularly powerful, said Mary Moriarty, the former chief public defender for Hennepin County: bystanders like Darnella Frazier, who recorded the viral video; Dr. Martin Tobin, a medical expert; and Minneapolis police Chief Medaria Arradondo, who told jurors Chauvin violated the department’s policies and his actions did not reflect “our ethics or our values.”

In his closing statement, prosecutor Steve Schleicher described bystanders as "random members of the community, all converged by fate at one single moment in time to witness" what happened –– and then to bring their testimony to jurors.

"We got to meet them all as human beings," Moriarty said, noting that Frazier was a minor at the time.

When Nelson asked Frazier if recording the video changed her life, that allowed prosecutors to ask her to elaborate. 

"When I look at George Floyd, I look at my dad, I look at my brothers, I look at my cousins, my uncles," Frazier said, her voice cracking. She said she stayed up late some nights "apologizing and apologizing to George Floyd for not doing more and not physically interacting and not saving his life."

But, she said, "it’s not what I should have done. It’s what he (Chauvin) should have done."

a man wearing a suit and tie: Crucial moments from former Minneapolis police officer Derek Chauvin© COURT TV Crucial moments from former Minneapolis police officer Derek Chauvin's trial in the death of George Floyd.

https://iway.rosemont.edu/ICS/Campus_Life/Campus_Groups/Organization_of_African_American_Students/Home.jnz?portlet=Discussion_Board&screen=PostView&screenType=change&id=39f746bd-3f5f-4abd-8373-d1cda01d2549
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Moriarty said Tobin, a pulmonologist who cares for critical care patients, "was one of the best expert witnesses I have ever seen." He "gave all of us a clinic in plain English" on the pulmonary system, counted Floyd's breaths on a video, had jurors feeling their own necks as he described the human airway, and showed viewers the moment in the video when Floyd went unconscious and suffered an anoxic seizure.

Moriarty said Tobin, a pulmonologist who cares for critical care patients, "was one of the best expert witnesses I have ever seen." He "gave all of us a clinic in plain English" on the pulmonary system, counted Floyd's breaths on a video, had jurors feeling their own necks as he described the human airway, and showed viewers the moment in the video when Floyd went unconscious and suffered an anoxic seizure.

se," said Ted Sampsell-Jones, a professor at Mitchell Hamline School of Law in neighboring St. Paul. "The defense lawyers were totally overmatched."

Legal observers said the totality of the prosecution's testimony was insurmountable as Minneapolis police officials and policing experts denounced Chauvin's actions as excessive, unreasonable and out of policy.

Several key witnesses were particularly powerful, said Mary Moriarty, the former chief public defender for Hennepin County: bystanders like Darnella Frazier, who recorded the viral video; Dr. Martin Tobin, a medical expert; and Minneapolis police Chief Medaria Arradondo, who told jurors Chauvin violated the department’s policies and his actions did not reflect “our ethics or our values.”

In his closing statement, prosecutor Steve Schleicher described bystanders as "random members of the community, all converged by fate at one single moment in time to witness" what happened –– and then to bring their testimony to jurors.

"We got to meet them all as human beings," Moriarty said, noting that Frazier was a minor at the time.

When Nelson asked Frazier if recording the video changed her life, that allowed prosecutors to ask her to elaborate. 

"When I look at George Floyd, I look at my dad, I look at my brothers, I look at my cousins, my uncles," Frazier said, her voice cracking. She said she stayed up late some nights "apologizing and apologizing to George Floyd for not doing more and not physically interacting and not saving his life."

But, she said, "it’s not what I should have done. It’s what he (Chauvin) should have done."

a man wearing a suit and tie: Crucial moments from former Minneapolis police officer Derek Chauvin© COURT TV Crucial moments from former Minneapolis police officer Derek Chauvin's trial in the death of George Floyd.

Moriarty said Tobin, a pulmonologist who cares for critical care patients, "was one of the best expert witnesses I have ever seen." He "gave all of us a clinic in plain English" on the pulmonary system, counted Floyd's breaths on a video, had jurors feeling their own necks as he described the human airway, and showed viewers the moment in the video when Floyd went unconscious and suffered an anoxic seizure.



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