April 19, 2021 Derek Chauvin trial day 15 news | CNN

Closing arguments begin in Derek Chauvin’s murder trial

Judge Peter Cahill
Judge in Chauvin trial calls out Rep. Waters for her comment to protesters
04:31 - Source: CNN

What we covered here

  • The jury is deliberating in the trial of ex-Minneapolis Police officer Derek Chauvin.
  • Chauvin is charged with second-degree unintentional murder, third-degree murder and second-degree manslaughter in the death of George Floyd.
  • Floyd died in May 2020 after Chauvin placed his knee on Floyd’s neck while he pleaded, “I can’t breathe.”

Our live coverage has ended, but you can read more about the trial here.

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Jury concludes deliberations for the day

The jurors in the trial of former Minneapolis Police officer Derek Chauvin have concluded deliberating for the day, according to the Hennepin County Court.

Deliberations started at 4 p.m. CT and concluded at 8 p.m. CT.

Jurors are being sequestered during deliberations and will spend tonight in a hotel.  

The court did not say when the panel is expected to resume deliberating Tuesday morning.

Chauvin is charged with second-degree unintentional murder, third-degree murder and second-degree manslaughter in George Floyd’s death on May 25, 2020. He has pleaded not guilty.

State and local lawmakers in Minnesota call for calm ahead of Chauvin verdict

Minnesota Gov. Tim Walz

With the fate of former Minneapolis Police officer Derek Chauvin now in the hands of a jury, Minnesota’s governor, and the state’s two most prominent mayors met with reporters Monday afternoon and pleaded for calm regardless of the trial’s outcome.

“His fate will be decided by the jury, we’ll decide our fate in this state,” Minnesota Gov. Tim Walz said shortly after jury deliberations began in Chauvin’s murder trial.

“We must acknowledge two truths: We cannot allow civil unrest to descend into chaos, we must protect life and property,” the governor continued. “We also must understand very clearly, if we don’t listen to those communities in pain, and those people on the streets, many of whom were arrested for speaking a fundamental truth, that we must change, or we will be right back here again.”

Minneapolis Mayor Jacob Frey echoed Walz’s sentiments and said they must work to make changes in their community regardless of the jury’s decision in the closely watched trial.

St. Paul Mayor Melvin Carter cautioned that another descent into chaos similar to what so many parts of the region and country experienced following Floyd’s death last spring would only make matters worse for the Black community.

“Whatever the jury decides, we know that in this age of insurrection and extremism that we must be ready for the possibility of those who would exploit this moment and drown out the powerful voices of constructive protests across our nation with violence and destruction,” Carter said.

The governor said that while he hasn’t personally spoken with President Biden during the tense weeks of the Chauvin trial and protests over Daunte Wright’s death, there have been productive talks with White House officials and added that the President delivering remarks on race potentially could have a positive effect on a nation in turmoil.

“The deep, painful, hard, uncomfortable conversation around race is out there,” Walz said. “We can’t careen from crisis to crisis. So, I would hope that the President would use the authority of the White House and the compassion we’ve seen in President Biden to address us all, and to ask for calm.”

Walz said that as of Monday afternoon, there are no statewide or regional curfews in effect, both mayors said they also have not called for curfews in their respective cities.

Here's a breakdown of the charges against Derek Chauvin in the death of George Floyd

What was going through Derek Chauvin’s mind when he kneeled on a handcuffed, prone George Floyd for nine minutes and 29 seconds last May?

That key question is at the heart of the three charges against the former Minneapolis Police officer and will be top of mind for jurors when their deliberations begin. To render a verdict, they’ll also have to interpret Minneapolis Police policies, Floyd’s cause of death, and the specific language of the law.

Chauvin, 45, has pleaded not guilty to charges of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

The second-degree unintentional murder charge alleges Chauvin caused Floyd’s death “without intent” while committing or attempting to commit felony third-degree assault. In turn, third-degree assault is defined as the intentional infliction of substantial bodily harm.

The third-degree murder charge alleges Chauvin caused Floyd’s death by “perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.”

The second-degree manslaughter charge alleges Chauvin caused Floyd’s death by “culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm.”

Each of the three charges requires prosecutors to prove that Chauvin’s actions were not objectively reasonable and that they were a substantial cause of Floyd’s death. But the charges differ primarily in how they interpret his intent and mindset during his restraint of Floyd.

Some of the terms in these charges have specific definitions. Others will be left up to the jury to interpret.

As in any criminal case, the prosecution has the burden of proof and must prove the charges beyond a reasonable doubt. Any verdict the jury reaches must be unanimous.

The charges are to be considered separate, so he can be convicted of all, some or none of them. If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree manslaughter.

The actual sentences would likely be much lower, though, because Chauvin has no prior convictions. Minnesota’s sentencing guidelines recommend about 12.5 years in prison for each murder charge and about four years for the manslaughter charge. The judge would ultimately decide the exact length and whether those would be served at the same time or back-to-back.

Read more about the charges against Chauvin here.

Army approves 250 members of DC National Guard ahead of Chauvin verdict

The Army approved the call up of 250 members of the DC National Guard ahead of a verdict in the trial of Derek Chauvin as the city braces for potential protests and unrest in the wake of the announcement, the DC National Guard said in a statement.

Acting Secretary of the Army John Whitley was expected to meet with DC Mayor Muriel Bowser on Monday ahead of the approval, an administration official told CNN.

The National Guard members will support the DC Metropolitan Police Department with traffic management and safety at downtown public transportation stations, as well establishing a quick reaction force in the event of larger protests.

Bowser made the initial request on April 8 as a “precautionary” measure, said DC Homeland Security Director Chris Rodriguez. The DC National Guard is approved to continue to support law enforcement until May 9, the statement said.

Alternate jurors dismissed in the Chauvin trial

Hennepin County Judge Peter Cahill has dismissed the two alternate jurors in the trial of former Minneapolis Police officer Derek Chauvin.

Fourteen jurors heard evidence in the case for nearly three weeks, but only 12 jurors are needed to decide the case. 

The last two jurors selected, number 96, a white woman in her 50s and number 118, a white woman in her 20s, were excused by the court.  

Of the remaining jurors, two are in their 20s, three each are in their 30s, 40s and 50s and one juror is in her 60s. Six are white, four are black and two are multiracial, according to information released by the court.  

Cahill mentioned in open court Monday that he would speak to the alternate jurors in his chambers before sending them home. Court spokesperson Spenser Bickett confirmed to CNN Monday afternoon that Cahill did dismiss the two alternates after speaking with them in chambers.

What we know about the jury in the Derek Chauvin trial

The jury in Derek Chauvin’s trial heard from 45 witnesses during the trial and were shown bystander and police footage of George Floyd’s final moments. 

Prosecutors called 38 witnesses to testify, including police use-of-force experts who criticized Chauvin and medical experts who explained how Floyd died. The defense called seven witnesses of its own — but not Chauvin himself, as he invoked his Fifth Amendment right not to testify.

The prosecution and defense presented closing arguments today, and now the jury has begun deliberations. They will remain sequestered for deliberations and will stay in a hotel at night.

While the jurors are unnamed and not seen on camera, we do know basic details about them.

Here’s what we know about the jury:

  • Five men and nine women were chosen to serve on the jury during the trial in Minneapolis. 
  • Of the 14 jurors, eight are White, four are Black and two are mixed race, according to how the court says the jurors identified themselves.
  • The jury selection process began March 9 at the Hennepin County Government Center and wrapped up exactly two weeks later. 
  • The panel is made up of 12 jurors and two alternates, Judge Peter Cahill said.
  • The jurors all come from Hennepin County, which is demographically about 74% White and 14% Black, according to census data.
  • The prospective jurors previously completed a 16-page questionnaire that asked for their personal thoughts on Black Lives Matter, policing and other topics.
  • In court, each person was sworn in and then questioned one-by-one in a process known as voir dire. The juror’s name, address and other information are kept anonymous.
  • Eric Nelson questioned the prospective jurors for the defense, while Steve Schleicher questioned them for the prosecution.

If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree manslaughter. The charges are to be considered separate, so Chauvin could be convicted of all, some or none of them.

Read more about about the jury here.

Illinois governor activates National Guard ahead of verdict

With a verdict expected in the Derek Chauvin murder trial, Chicago has requested that Illinois Gov. J.B. Pritzker activate personnel from the Illinois National Guard, according to a news release from his office Monday afternoon. 

In anticipation of potential protests, 125 guard members will be activated to support the Chicago Police Department and will assist with managing street closures “and supporting First Amendment Rights,” the release said.

The guard members will be deployed and pre-positioned beginning Tuesday, according to Pritzker’s office. 

“Our greatest priority at all times is ensuring the safety and security of the public,” Lightfoot said. “While there is no actionable intelligence at this time, we want to be fully prepared out of an abundance of caution.”

Illinois State Police will also support the Chicago Police Department with additional state troopers, according to the governor’s statement.

Jury will have to rely on recollection and notes during deliberation

Judge Peter Cahill advised the jurors that they will have to rely on their own recollection of the trial with the aid of notes that they were allowed to take, but that no transcript of the trial “exists.”

This is common practice during trials and not unique to this case.

Judge says Rep. Maxine Waters' comments could give grounds for appeal

Hennepin County Judge Peter Cahill denied a defense motion for a mistrial today over recent publicity in the case, including TV shows and comments by California Democratic Rep. Maxine Waters. 

“You can’t avoid it. It is so pervasive. I just don’t know how this jury can really be said to be that they are free from taint,” defense attorney Eric Nelson told the judge.

Nelson noted that the trial has not only been in the news, but recently included in two fictional TV shows and what he described as “threats” against the sanctity of the jury process by Waters over the weekend.  

Waters was in Brooklyn Center, Minnesota, on Saturday where protests have continued since the death of Daunte Wright earlier this month.  

“We’re looking for a guilty verdict and we’re looking to see if all of the talk that took place and has been taking place after they saw what happened to George Floyd. If nothing does not happen, then we know that we got to not only stay in the street, but we have got to fight for justice,” Waters said. “We got to stay on the street. And we’ve got to get more active, we’ve got to get more confrontational. We’ve got to make sure that they know that we mean business,” she added.

With the start of deliberations, the jury is now sequestered, however, Nelson told the court he believed they should have been since the start of the trial.  

In court, Cahill noted that the Waters comments over the weekend may have created a potential for an appeal, if the defense loses this trial.  

“I will give you that Congresswoman Waters, something on appeal that may result in this whole trial being overturned,” Cahill said.

The judge has repeatedly condemned past comments about the trial by politicians.  

“I’m aware of the media reports, and I’m aware Congresswoman Waters was talking specifically about this trial, and about the unacceptability of anything less than a murder conviction,” Cahill said. “I wish elected officials would stop talking about this case, especially in a manner that is disrespectful of the rule of law and to the judicial branch and our function.”

The state said that the court has instructed the jury to avoid any outside influences, prosecutor Steve Schleicher noted, and the law presumes they are following it.

While leaving the House floor today, Waters said in response to a question about the trial,  “The judge says my words don’t matter.” 

Waters declined any further comment about the reaction to her remarks.  

This post has been updated with California Rep. Maxine Waters’ remarks.

Minnesota governor requests additional law enforcement assistance ahead of Chauvin verdict

Gov. t

Minnesota Gov. Tim Walz requested additional law enforcement assistance from Ohio and Nebraska today in advance of the verdict in the Derek Chauvin trial, according to a news release from his office.

The request came under the federal Emergency Management Assistance Compact, his office said.

“As the world awaits a verdict in the trial of Derek Chauvin, we need support in our efforts to preserve the First Amendment right of peaceful protests while protecting public safety,” Walz said in a statement announcing the request. “I am grateful to our colleagues in Ohio and Nebraska for their willingness to provide assistance and relief to our State troopers and law enforcement officers as they continue to work to keep the peace in our communities.”

Col. Matt Langer, chief of Minnesota State Patrol, said at a news conference Monday that 28 officers from the Ohio State Highway Patrol and Nebraska State Patrol are headed for the area to join in the law enforcement effort.

“State troopers from the supporting states will report to the Minnesota State Patrol and will be assigned to security missions at key state facilities, allowing Minnesota State Patrol Troopers and Department of Natural Resources Conservation Officers to support Operation Safety Net in the metro area,” the governor’s statement said.

The jury is now sequestered and deliberating 

The case is now in the jury’s hands, and they have been sent out of the courtroom to begin deliberations.

They will remain sequestered for deliberations and will stay in a hotel at night.

“You must not consider any consequences or penalties that might follow from your verdict. You must not be biased in favor of or against any party or witness because of his or her disability, gender, race, religion, ethnicity, sexual orientation, age, national or social economic status. Your verdict must be based solely on the evidence presented. And the law that I give you,” he continued.

The judge said that once the jury reached a verdict, it would be read “out loud in the courtroom in your presence.”

Before the jury left the courtroom, a deputy took an oath to “keep these jurors together, separate from all other persons, and that you will not allow anyone to communicate with them, or overhear their deliberations. That you will not make any comments about the law or the facts in this case, and that you will not disclose to anyone except this court anything which you may learn from their deliberations.”

Deliberations started at 4 p.m. CT.

Judge outlines 4 key things jury must do when deliberating on the case

Judge Peter Cahill is reading instructions to the jurors before they leave the courtroom to begin their deliberations. They will remain sequestered for deliberations and will stay in a hotel at night.

“As jurors, you are being asked to make an important decision in this case,” the judge said.

He outlined four key things the jury will need to do:

  • “One, take the time you need to reflect carefully and thoughtfully about the evidence.”
  • “Two, think about why you are making the decision you are making and examine it for bias and reconsider your first impressions of the people and the evidence in this case and if the people involved in this case were from different backgrounds, for example, richer or poorer, more less educated, older or younger or of a different gender, gender identity, race, religion or sexual orientation, would you still view them any evidence the same way? 
  • “Three, listen to one another. You must carefully evaluate the evidence and resist, and help each other resist, any urge to reach a verdict imposed by biased for or against any party or witness. Each of you have different backgrounds and will be viewing this case in light of your own insights, assumptions and biases. Listening to different perspectives may help you to better identify the possible effects these hidden biases may have on decision making.”
  • “Four, resist jumping to conclusions based on personal likes or dislikes. Generalizations, gut feelings, prejudices, sympathies, stereotypes or unconscious biases.”

The judge noted that “in order for you to return a verdict, whether guilty or not, each juror must agree with that verdict. Your verdict must be unanimous.”

“The law demands that you make a fair decision based solely on the evidence, your individual evaluation of that evidence, your reason and common sense and these instructions,” he told the jury.

Prosecution ends rebuttal argument: "George Floyd is dead because Mr. Chauvin's heart was too small"

Prosecuting attorney Jerry Blackwell has concluded his rebuttal argument.

He closed with what he said was the “biggest departure” of evidence by the defense — the suggestion that Floyd’s enlarged heart may have caused his death.

Prosecution: "There's no excuse for police abuse"

Prosecuting attorney Jerry Blackwell said the line “there’s no excuse for police abuse” multiple times during his rebuttal argument to hammer home his argument that what Derek Chauvin did was wrong.

He said that the defense presented a “number of these” excuses, including an argument that the paramedics took longer to arrive than they should have.

Prosecution: Chauvin "had all of the power" while kneeling on Floyd's neck

Prosecuting attorney Jerry Blackwell addressed the defense’s argument that ex-Minneapolis police officer Derek Chauvin was concerned about the crowd of bystanders during the incident.

Blackwell reminded the jury that there were five police officers on the scene and that, if they were “concerned” about the bystanders, none of the police officers chose to call for additional backup.

He said that Chauvin “had all of the power” while he was kneeling on Floyd’s neck.

Watch here:

075fa52c-cae7-4b0a-8834-1983856b2ab5.mp4
01:22 - Source: cnn

Prosecution: State only needs to prove Chauvin's actions "were a substantial causal factor" in Floyd's death

Prosecuting attorney Jerry Blackwell took a direct shot at defense attorney Eric Nelson during his rebuttal argument, claiming that Nelson misinterpreted the law when he discussed cause of death during the defense’s closing.

“When he was talking about causation, he talks about fentanyl, heart failure, hypertension. He says that we have to show beyond a reasonable doubt that none of these other factors played a role,” Blackwell said, reminding the jury what Nelson said during his closing.

During his closing arguments, Nelson argued it was “nonsense” to suggest that these other factors did not play a role in Floyd’s death. He called on the jury to acquit his client based on this fact. Blackwell said this argument was “not accurate.”

“What we need to prove is that the defendant’s actions were a substantial causal factor in his death. It does not have to be the only causal factor. It doesn’t have to be the biggest substantial factor. It just has to be one of them,” Blackwell said.

He went onto to tell the jury that he expected the judge would instruct them that his interpretation was an accurate reading of the law.

Prosecution: There is a 46th witness — "common sense"

Prosecuting attorney Jerry Blackwell began his rebuttal argument by telling jurors that there is 46th witness in the case against Derek Chauvin: “common sense.”

He added that the case against Chauvin “really isn’t that complicated.”

He said the case is “so simple the child could understand,” adding, “in fact a child did understand it.” Blackwell then reminded the jury that one of the eyewitnesses at the incident was a 9-year-old girl.

“The 9-year-old girl said, ‘get off of him.’ That’s how simple it was. Get off of him. Common sense,” he said.

Watch here:

1bfbef97-b020-4860-acfd-19972e981e97.mp4
02:04 - Source: cnn

Prosecuting attorney delivers rebuttal 

Defense attorney Eric Nelson has finished his closing arguments, and prosecuting attorney Jerry Blackwell is delivering the final rebuttal argument for the State of Minnesota.

Nelson told jurors the information former Minneapolis Police Officer Derek Chauvin had at the time he restrained George Floyd would have prompted any reasonable officer to take the same actions.

In his closing argument earlier Monday, prosecuting attorney Steve Schleicher spoke for an hour and 43 minutes as he sought to prove that Chauvin used excessive and unreasonable force and caused Floyd’s death.

He contrasted Chauvin’s “ego-based pride” with the proper feelings of pride in wearing a police badge and praised policing as a noble profession. He insisted the state was prosecuting Chauvin individually — not policing in general.

What happens next: The jury will then be sent to begin deliberations in the Hennepin County Government Center. The jury will remain sequestered for deliberations and will stay in a hotel at night.

Defense attorney asks jury to find Chauvin not guilty on all counts

Defense attorney Eric Nelson concluded his closing argument by asking the jury to find Derek Chauvin not guilty on all counts.

Nelson wrapped up his lengthy presentation by arguing that it is “nonsense” that other factors like George Floyd’s drug use and a heart condition didn’t play “any role” in his death.

After he was done, the judge announced that the court would take a five minute break. We expect the prosecution to deliver rebuttal argument after the break.

Floyd and Wright families hold prayer vigil outside courthouse as defense delivers closing argument

The families of George Floyd and Daunte Wright, Rev. Al Sharpton, and attorney Ben Crump prayed outside of the Hennepin County courthouse as the defense presented its closing arguments Monday afternoon.

Floyd’s brother, Rodney Floyd, thanked the press for their continued coverage of the case and those around the world who have “stood in solidarity” with their family.

READ MORE

Derek Chauvin takes the Fifth, the defense rests, and closings next in trial of George Floyd’s death
Talks over bill to overhaul policing intensify amid new urgency after Daunte Wright shooting
Police use-of-force instructor says Derek Chauvin’s kneeling is not a trained restraint
The fatal obstacles for Chauvin’s defense
George Floyd’s preexisting conditions and drug use had no impact on his death, doctor says

READ MORE

Derek Chauvin takes the Fifth, the defense rests, and closings next in trial of George Floyd’s death
Talks over bill to overhaul policing intensify amid new urgency after Daunte Wright shooting
Police use-of-force instructor says Derek Chauvin’s kneeling is not a trained restraint
The fatal obstacles for Chauvin’s defense
George Floyd’s preexisting conditions and drug use had no impact on his death, doctor says