Derek Chauvin trial closing statements: Prosecutors tell jurors to ‘believe their eyes’; defense emphasizes ‘totality of the circumstances’ – USA…

The jury started deliberating in Derek Chauvin's murder trial, who faces three charges in the death of George Floyd. USA TODAY

MINNEAPOLIS Attorneys for the prosecution and defense in the murder trial of former police officer Derek Chauvin, charged in George Floyd's death,were presenting their closing arguments Monday, summarizing their respective evidence and witness testimony andtrying to focus jurors on the most important elements.

Prosecutor Steve Schleicher said Chauvin "chose pride over policing" last Memorial Day, calling Chauvin's knee on Floyds neck "unnecessary, gratuitous and disproportionate."

"And he did it on purpose. This was not an accident. He did not trip and fall and find himself on George Floyds neck," Schleicher said, adding,"Believe your eyes. What you saw, you saw."

Lead defense attorney Eric Nelson, meanwhile, urged jurors to take into account "the totality of the circumstances." He said focusing on the 9 minutes and 29 seconds Chauvin's knee was on Floyd's neck"ignores the previous 16 minutes and 59 seconds."

Assault or 'reasonable' policing? Takeaways from Derek Chauvin murder trial closing statements

Prosecution attorney Jerry Blackwell countered some of Nelson's arguments in his rebuttal andtold jurorsabout a46th witness, one more than the number of people who testified: "Common sense."

"You can believe your eyes, ladies and gentlemen," Blackwell said. "It was unreasonable use of force, it was homicide."

The prosecution rested its case last weekafter calling 38 witnesses and playing dozens of video clips over the course of 11 days. The defense rested Thursday after calling seven witnesses over two days.

Stay updated on the Derek Chauvin trial: Signup for text messages of key updates, follow USA TODAY Networkreporters on Twitter, orsubscribe to the DailyBriefing newsletter.

Latest updates:

Minnesota Gov. Tim Walz cited the potential for "further civil unrest" following protests over the police shooting death of Daunte Wright and the anticipation of additional events following the Chauvin jury verdict in issuing a peacetime emergency declaration for seven Minnesota counties.

The action enables federal law enforcement agencies and police agencies from other states to assist Minnesota state agencies in quelling any violence.

Since Wright's April 11 death, "many Minnesotans have expressed their frustrations in a peaceful and constructive manner," wrote Walz. "However, some individuals have engaged in unlawful and dangerous activity, including looting and damaging public and private property."

He added, "Local and state resources have been fully deployed, but they are inadequate to address the threat."

Judge Peter Cahill dismissed the defense's request for a mistrial based on statements made Saturday by Rep. Maxine Waters, but said her comments could be grounds for the defense to appeal.

The California Democratjoined protests over the weekend in Brooklyn Center, Minnesota, where shetold the press"we are looking for a guilty verdict" in Chauvin's trial.Waters encouraged demonstrators to "get more active,""more confrontational" and "to make sure that they know that we mean business"if Chauvin is acquitted.

"If nothing (happens), then we know ... we've got to not only stay in the streets, that we've got to fight for justice. That I am very hopeful, and I hope that we're going to get a verdict that is a guilty, guilty, guilty. And if we don't, we cannot go away," Waters said,according tovideoobtained by local CBS affiliate WCCO.

After attorneys presented theirclosing arguments,Cahill said protestersinfluenced by Waterscould get more confrontational if there is not a guilty verdict. He called some of the comments "abhorrent."

Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned,Cahill told Chauvin's attorney, Eric Nelson.

He added, I wish elected officials would stop talking about this case, especially in a manner that is disrespectful to the rule of law and to the judicial branch."

The judge denied Nelson's verbal motion for a mistrial, noting he trusted jurors are following his instructions to avoid all news about the trial.

"A congresswoman's opinion really doesn't matter a whole lot," Cahill said.

The protests followedtheshooting death of 20-year-oldBlack motorist Daunte Wrightin Brooklyn Center, a Minneapolis suburb,by former police officer Kim Potter during a traffic stop. She later resigned from the Brooklyn Center Police Department.

Derek Chauvin's defense attorney argued that Rep. Maxine Waters' comments regarding the trial could have been grounds for a mistrial. USA TODAY

Attorney Jerry Blackwell delivered the rebuttal for the state Monday afternoon, reviewing what he characterized as "stories" told by the defense to the jury.

He referred to trial testimony that in half or more cases where someone has died of insufficient oxygen, there's no sign of that in body tissues during autopsies. Blackwell also made a point of repeatedly noting the prosecution argument that "subdual, restraint and compression of the neck" caused Floyd's death.

And he sought to focus the jurors on testimony fromthe prosecution's star witness, Dr. Martin Tobin, an expert in the physiology of breathing. Tobin testified that a healthy person would have died if subjected to the same restraint and pressure as Floyd.

Of police officers who do not provide medical aid for a suspect who passes out under pressure by arresting officers, Nelsonsaid,"That's wrong."

Answering defense arguments that bystanders posed a potential threat to Chauvin and the other officers, Blackwell said the group, including young children, were "torn" between concern and inability to help Floyd, and respect for the Minneapolis Police Department.

"They didn't deserve to be called unruly, because they weren't," he said.

Blackwell also displayed for jurors an exhibit with one dot for each of the 17,026 days of George Floyd's life.

"He was living, he was breathing, he had a being, every day," despite the medical conditions and drug issues the defense argued caused his death. The difference, argued Blackwell, was that on the last day of Floyd's life, "deadly force was applied" by Chauvin.

Blackwell countered Nelson's argumentsthat Chauvin and other officers had to make quick decisions during the struggle saying, "There was no split seconds, there was no moment to moment."

Cahill interrupted Blackwell twice, once to tell him not to repeat subjective descriptions ofdefense arguments as "stories," and again to strike from the record a statement that the defense was "shading the truth."

However, Blackwell got the last word as he ended his rebuttal.

"You were told, for example, that Mr. Floyd died because his heart was too big," he said."The truth of the matter is that the reason George Floyd is dead is because Mr. Chauvin's heart was too small."

Chauvin took his face mask off during the first part of closing by lead defense attorney Eric Nelson, who took aim at the states case for about two and half hours before Judge Peter Cahill called for a lunch break.

Most of Nelsons argument focused on urging the jury to consider the totality of the events of the evening of May 25, 2020 not just the nine minutes and 29 seconds that the state argued is the heart of the case and the charges against Chauvin.

Nelson walked jurors through his views on the videos, police policies and cause of Floyds death.

"The proper analysis is to take those 9 minutes and 29 seconds and put it into the context of the totality of the circumstances. The proper analysis starts with what did the officers or what would a reasonable officer know at the time of dispatch," he said.

In this image from video, former Minneapolis police Officer Derek Chauvin listens as his defense attorney Eric Nelson gives closing arguments as Hennepin County Judge Peter Cahill preside Monday, April 19, 2021.(Photo: AP)

Nelson, who noted Floyds large size at over 200 pounds, said Chauvin followed the policies in place at the time of Floyds death, including the knee restraint he used something barred by Minneapolis police in the wake of Floyds death.

Nelson said Floyds death was "tragic," but argued Chauvin did not cause his death. He drew the jurys attention to Floyds history of drug use, including fentanyl and methamphetamine, and his heart problems.

Nelson also took aim at Dr. Martin Tobin, a pulmonologistand star witness for the state who testified that Floyd died of asphyxia, or low oxygen, because of the police restraint. Noting that Tobin had many hundreds hours to review videos and other evidence, Nelson argued Tobin was misleading the jury by giving an incomplete picture of the struggle. "His entire testimony is filled with theory, speculation, assumption, Nelson said.

On the toxicology, Nelson said it's clear that Floyd had taken drugs soon before the struggle. "For the medical experts to minimize the timing and the amount of illicit drugs that were found in Mr. Floyd's bloodstream, is just simply incredible to me, is incredible," he said.

After lunch, Nelson apologized yet again to the jury for the length of his argument and continued to argue that Floyd's death was "multifactorial."

"I would submit to you that it is nonsense to suggest none of these other factors had any role," Nelson said.

Nelson concluded by telling the jury that when they finish their "thorough, honest"analysis of all the evidence, they will conclude "the state has failed to prove its case beyond a reasonable doubt."

"And, therefore, Mr. Chauvin should be found not guilty," Nelson said.

Closing arguments began in the trial of former Minneapolis police officer Derek Chauvin in the death of George Floyd. USA TODAY

Prosecutor Steve Schleicher gave the closing argument for the state Monday morning, repeating "9 minutes and 29 seconds" through his one-hour and 45-minute remarks.

"George Floyd's final words on May 25, 2020, were: 'Please, I can't breathe.' He asked for help with his very last breath," Schleicher said. "This was a call about a counterfeit $20 bill. All that was required was compassion."

Schleicher's argument evoked the testimony last week ofTobin, who described Floyds last minutes indetail, pointing out his scraped knuckles against the back tire of the police squad car. "He was trapped," Schleicher said."He was trapped with the unyielding pavement underneath him as unyielding as the men who held him down. Pushing him."

Calling Chauvins actions a "shocking abuse of police power," Schleicher recalled testimony from previous weeks horrified bystanders calling the police on the police, and the presence of a 9-year-old watching Floyd restrained under Chauvins knees.

Schleicher said Chauvin's actions were "not policing" but "an assault."

"This is not a prosecution of the police, its a prosecution of the defendant," he said. "And theres nothing worse for good police than bad police, who doesnt follow the rules, who doesnt follow training."

Schleicher reminded jurors Chauvin had hundreds of hours of training over his 19 years with the Minneapolis Police Department. Schleicher said Chauvin should have known how to handle someone in crisis, reminding jurors Floyd told police about his anxiety and claustrophobia. But just because he couldnt comply doesnt mean he was resisting, he said.

Schleicher told jurors Floyd did not die of a heart attack, drug overdose, "excited delirium" or carbon monoxide poisoning, as the defense has suggested. He told jurors that they must decide: "Would but for the defendant's actions, pushing him down, would George Floyd have died that day?"

He urged jurors to "use your common sense. Believe your eyes. What you saw, you saw."

In this image from video, prosecutor Steve Schleicher gives closing arguments as Hennepin County Judge PeterCahill presides Monday, April 19, 2021, in the trial of former Minneapolis police Officer Derek Chauvin at the Hennepin County Courthouse in Minneapolis.(Photo: AP)

Using a chart and checklist, Schleicher walked jurors through the definitions and elements of second-degree murder, third-degree murder and second-degree manslaughter. He reminded jurors of testimony and replayed video and provided still images to substantiate each element. As Schleicher spoke, Chauvin appeared to take notes on a yellow legal pad, as he has been doing for weeks. As did the jurors, who watched Schleicher attentively.

Schleicher wrapped up his argument with an emotional appear to jurors. "Random members of the community all converged by fate at one singe moment in time to witness something, to witness 9 minutes and 29 seconds of shocking abuse of authority, to watch a man die, and there was nothing they could do about it because they were powerless," Schleicher said."

"All they could do was watch and gather what they could, gather their memories, gather their thoughts and impressions, gather those precious recordings. And they gathered those up and they brought them here. ... They gave it to you, randomly selected people from the community."

In closing, Schleicher told jurors: "This isnt policing this is murder. The defendant is guilty of all three counts, all of them, and theres no excuse."

Autoplay

Show Thumbnails

Show Captions

Heres a breakdown of the Minnesota criminal charges against Derek Chauvin.

Second-degree murder is causing the death of a human being, without intent to cause that death, while committing or attempting to commit another felony. In the Chauvin case, the alleged felony was third-degree assault. Chauvin is charged with committing or intentionally aiding in commission of this crime.

To convict Chauvin on this count, Judge Peter Cahill told jurors Monday that they only must find that the former officer intended to commit an assault that could cause bodily harm, or intentionally aided in committing such an assault. "It is not necessary for the state to prove the defendant had an intent to kill George Floyd. But it must prove that the defendant committed, or attempted to commit, the underlying felony,"the judge said.

Cahill added that the state must prove that the assault either inflicted bodily harm on Floyd, or was intended to commit bodily harm.

Third-degree murder is unintentionally causing someones death by committing an act that is eminently dangerous to other persons while exhibiting a depraved mind, with reckless disregard for human life. Chauvin is accused of committing or intentionally aiding in the commission of this crime.

Under Minnesota law, an act that is eminently dangerous is one that "is highly likely to cause death,"Cahill told jurors. "The defendants act may not have been specifically intended to cause death,"and "it may not have been specifically directed at the person whose death occurred, but it must have been committed with a conscious indifference to the loss of life," the judge said.

Second-degree manslaughter is culpable negligence where a person creates an unreasonable riskand consciously takes the chance of causing death or great bodily harm to someone else. Chauvin is charged with committing or intentionally aiding in commission of this crime.

Culpable negligence means that Chauvin allegedly "created an unreasonable risk and consciously took a chance of causing death or great bodily harm,"Cahilltold jurors. "Culpable negligence is intentional conduct that the defendant may not have intended to be harmful, but that an ordinary and reasonably prudent person would recognize as having a strong probability of causing injury to others,"said the judge.

If convicted of the most serious charge, Chauvin faces 12 1/2 years or 150 months in prison under sentencing guidelines for a first-time offender. But, the prosecution argues there are aggravating factors that require a longer prison term. That means Chauvin may face longer than that sentence.

Over about two weeks last month, lawyers for the prosecution and defense quizzed potential jurors about their knowledge of Floyds death, their opinions of Chauvin, and their attitudes about police, racial injustice, and the protests and rioting that followed Floyds death.

Some of them questioned how much force was used against Floyd, who lay on the ground for more than nine minutes as Chauvin pressed his knee into Floyd's neck. Several believe the criminal justice system needs to be reformed. More than one questioned the movement to defund police departments. Discussing her opinion about Black Lives Matter, one woman responded, I am Black, and my life matters."

Before being selected, the jurors pledged to set their opinions aside. But their answers provide a glimpse into how they might respond to the evidence they heard over the past few weeks. Read more about the jurors here.

Agroup of people vandalized the former Northern California home of anexpert witness who testified for the defense, police said, throwinga pig's head on the front porch and blood splatter on the house.

The incident occurred in Santa Rosa, California, where retired police officer Barry Brodd once lived and worked. Brodd last week testified in Chauvin's trial, saying the former Minneapolis police officer was "justified" in his use of force against Floyd.

The Santa Rosa Police Department said Brodd no longer lives at the residence nor in California, but that, "It appears the suspects in this vandalism were targeting Mr. Brodd for his testimony."

Brodd was the first witness to say he believed that Chauvin was following proper police practice when he knelt on Floyd's neck. However, several Minneapolis police officers,including the police chief, along with local police trainers and national use-of-force experts, testified that Chauvin's actions were not justified. Read more here.

Ryan W. Miller

More than a hundred people gathered in George Floyd Square onSunday afternoon for a rally to show solidarity between the Black and Asian communities ahead of closing arguments.

Organizers advertised the event as "a safe space for sharing grief and also creating joy" during tense times in the city and dedicated it to Daunte Wright, the 20-year-old Black man who was fatally shot by a police officer during a traffic stop in nearby Brooklyn Center last week.

Tri Vo, 25, said he usually visits George Floyd Square when there are no crowds so he can reflect and because he feels that space is reserved for Black and indigenous people. Vo, a digital organizer with Southeast Asian Diaspora Project, said he came Sunday to help educate southeast Asians about "what their stake is in this." Read more.

Jurors must decide whether or not the government proved all of the elements of a given charge beyond a reasonable doubt. The defense bears no burden of proof, and Chauvin is deemed innocent unless convicted at trial.

The jurors will be sequestered during deliberations.The court will provide meals for the jurors and put them up for the night in a hotel, where security will be provided by marshals. The jurors are not allowed to discuss the case with anyone else, or even with each other when they're outside the deliberation room.

They are allowed to review any of the exhibits that were entered into evidence. They also are allowed to re-hear specific testimony from any of the witnesses. The jurors may send written messages out to the judge with any questions that arise.

"If I were you, I would plan for long (deliberations) and hope for short,"Cahill told jurors Thursday. More on how jury deliberations will work here.

Read or Share this story: https://www.usatoday.com/story/news/nation/2021/04/19/derek-chauvin-trial-live-george-floyd-jury-closing-arguments/7123640002/

Read more from the original source:

Derek Chauvin trial closing statements: Prosecutors tell jurors to 'believe their eyes'; defense emphasizes 'totality of the circumstances' - USA...